Consumer complaint received 2017-11-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX sold my home at foreclosure auction on XX/XX/XXXX in violation of the California Homeowner Bill of Rights. My loan modification package was in review by XXXX at the time of the sale, and a decision had not yet been rendered. Additionally, there were significant questions as to legal ownership of the property and a clean title. As recently as XX/XX/XXXX XXXX admitted that there were significant legal issues with the title recording on the property and pledged that they would not initiate a foreclosure sale. However, while in the midst of negotiating with XXXX, XXXX gave the go ahead to auction off the property. They did not have continuity of obligation, they did not have a clear title and they made misrepresentations to me over the course of several years. I recently received correspondence stating that although XXXX was listed as the servicer of my loan, Bank of America was the master servicer and thus they are the appropriate party for complaint. 
In XX/XX/XXXX, I had vacated my home and was attempting to sell the property at short sale. When trying to open title it was discovered that the property had been illegally deeded to a third-party XXXX XXXX and they recorded a false sale and grant deed and were trying to steal the house. I was contacted by Bank of America and their legal counsel, XXXX XXXX, and they requested that I move back into the property so that they could retain their asset. I was then asked to sign and execute back dated documents that would benefit XXXX XXXX XXXX XXXX and master servicer Bank of America. At that time, I retained counsel to protect my interest. While in litigation B of A assured me that due to my cooperation that they would work with me to modify the loan as soon as the matter was settled. By that time my business had rebounded and I was able to afford a fair payment. However, I was told by Bank of America that I WAS NOT ALLOWED TO MAKE ANY PAYMENTS BECAUSE OF THE ACTIVE LITIGATION. 

After the loan was transferred to XXXX it was the same situation where I worked together with their counsel to assist them so that XXXX/BOA/ XXXX could retain the asset ( my home ) and get it back into their name. Once again, I was told that I was not allowed to make payments but that XXXX would do everything in their power to offer a modification at the end of the process since I was helping their legal case and in a better place financially. I had the means and the desire to make my monthly mortgage payment but was not allowed to do so. Once XXXX XXXX XXXX received this loan and they allegedly got the title situation straightened out, I was told that I owed {$240000.00} to reinstate the mortgage loan. I was told that this figure included delinquent interest and missed payments and late fees that were accrued during the litigation ( when I was not allowed to make mortgage payments ). I was ready, willing and able to resume making monthly payments but was told this was not possible. Then I was slapped for a bill for these alleged past due payments and told to PAY up or we are auctioning off your house. I began the negotiation process with XXXX and had a full package in review when B of A sold my home at foreclosure auction. 
I bent over backwards and went out of my way to help Bank of America and XXXX retain their asset. I had moved out of this home and had it listed for short sale. I broke my lease as a renter and moved back in because I was promised by XXXX XXXX and B of A that they would work to modify my loan at the end of the litigation process. I was asked to sign backdated and falsified documents by B of A and I found out from my Attorney, they attempted to make ME liable for the attempted theft of the property through the false grant deed. My counsel has monitored this entire situation and we are shocked that these parties would move forward and foreclose while I was attempting to settle this situation. I am shocked that they would try and charge me delinquent penalties and interest during the months and years that I was told I could NOT pay them.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation