Consumer complaint received 2021-02-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Payday loan, title loan, or personal loan
Sub-product: Personal line of credit
Issue: Problem with additional add-on products or services

Complaint:
We took out a HELOC on our former home in XXXX  with XXXX XXXX in XXXX. Property was sold in XXXX and loan was paid off and closed. We started receiving monthly statements from Bank of America ( who acquired XXXX in XXXX XXXX in XXXX about HELOC advances. We had recently taken out a HELOC on our new property in XXXX ( BOA was servicing agent for XXXX ), and I made the payments as requested ( I did not check account numbers -family medical issues, husband travelling back and forth to XXXX for work - I didn't pay attention ). We were pursuing a refinance/reverse mortgage and credit report showed 2 obligations ( HELOC ). I went back through records and found the paperwork ( from XXXX ) with payoff, acknowledgement that the account would be closed and no further advances made, copy of payoff letter and check. I contacted BOA in XX/XX/XXXX ; customer service insisted the loan was never closed and we owed the money. When I said we had sold the property, the representative said it would now be listed as an unsecured loan. I requested transaction history, as well as documentation showing that we authorized the loan to be reopened, and provided copies of the payoff documents. The transaction history showed advances during a couple of months in XXXX. I pulled deposit history for all of our accounts for that period and none of the deposits matched the dates or amounts in the transaction history. I contacted BOA on numerous occasions, both in writing and by telephone, and always got the same answer. In XX/XX/XXXX, I received a letter from XXXX XXXX, a BOA senior mortgage analyst, who said the Bank 's records did not go back that far and they had nothing to show that the loan was closed. In XXXX, I was contacted by someone in their Mortgage Fraud Department who identified herself as " XXXX '' and said she was contacting me to try and resolve our claim. I returned the call and her voicemail message was " she was out of the office and unable to take the call. This went on for weeks and, in XX/XX/XXXX, we were able to talk to each other and she indicated that she wanted to '' start '' our claim and requested documentation. She also indicated that her investigator would be contacting us. No one ever contacted us. I tried calling again and got the same voicemail message. The investigator 's phone number ( given to me by XXXX ) was a non-existent number at BOA. My last correspondence with XXXX was XX/XX/XXXX and my last telephone attempt was XX/XX/XXXX. This loan was closed in XXXX. We never authorized it to be reopened, and the payments ( in excess of {$13000.00} ) were made by me in error. The bank has had the benefit of my mistake in payments since XXXX, and now they are purposely " kicking the can down the road '' and not addressing the situation.

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