Consumer complaint received 2018-09-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
The main reason Im writing this request is to ask to remove our Referral to another Servicer effective XX/XX/2018 for our BofA home loan # XXXX. After all of the misunderstandings, misinformed calls from CSRs, Customer Service Representatives is the least you can do. This is the 2nd time BofA is trying to move our BofA home loan and we are asking if you can please stop the Tranferring to another servicer for our home loan as soon as possible.

Our Loan Modification was declined on XX/XX/2018 for a 3rd time. When the CRM XXXX XXXX called me and explained to me that when income increased its very hard to get a loan modification approval my family was completely devastated because we worked so hard to bring more monthly income into our household that It was impossible to believe in what CRM XXXX XXXX was telling us. In addition, XXXX XXXX  also mentioned that the Investor didt approved our Loan Modification because 1 ) its was not in foreclosure when we apply for the Loan Modification, therefore Loan Modification cant be approve if they are not in Foreclosure 2 ) It was not at the best interest of the Investor not to approve the Loan Modification because it was not in Foreclosure or in need of help, 3 ) It was not approved because our Monthly Income increased a lot comparing with the last time we apply for the Loan Modification.

During my call I mentioned to XXXX XXXX that our previous Loan Modification was denied because of our Monthly Income needed to be improved, therefore, my Sister and my Nephew were working a Part-time to bring an additional money to keep paying the monthly mortgage. Then XXXX XXXX   said well, like I mentioned before if customers are not in Foreclosure or the income is lower that you are currently brining on a monthly basis then we are not going to approve your Mom for a Loan Modification. After my conversation over the phone with XXXX XXXX my Sister and Newpher are no longer working a part-time struggling to meet BofA need to increased household income on a monthly basis. In the last 8 months we are having a lot of miscommunication and misunderstandings with everyone who has been handling our Loan Modification. Therefore, our income has changed again for a third time. Please advise if we can apply for a Loan Modification based on the Foreclosured and decreased in our monthly household income.

After my Son conversation with XXXX XXXX  we are extremely confused about XXXX XXXX  answers about why our Loan Modification was not approved at this time. In addition to the call with XXXX XXXX  I really need to complaint about her Management/Customer Service skills over the phone she was extremely unprofessional and rude when talking with her and asking questions about the various reasons why our Loan Modification was denied.

During the last 8 months we had more than 5+ CSRs and many phone calls to BofA Customer Service and none of them have provided with the correct way to handle our Loan Modification process and documentation.

However, for now we have decided to file for Bankruptcy and we started working with our Bankruptcy Attorney effective XX/XX/2018 but if you think you can help us with a Loan Modification please advise.

My understanding and per our Reforms in the California Homeowner Bill of Rights BofA can't transfer our Home Loan to another Servicing/Lender. As of now, 1 ) we were not guaranteed a single point of contact as we navigated the BofA systems and try to keep our homes, somehow, BofA didnt know the facts in our Loan Modification case, 2 ) After talking with XXXX XXXX  the last CSR who was assigned to work with our Loan Modification, BofA closed our Home Loan Modification Status internet site and now its showing as Loan Modification completed and closed. 3 ) The laws are designed to guarantee basic fairness and transparency for homeowners in the foreclosure process and I think we didnt received any fairness during our Loan Modification with BofA, 4 ) Restriction on dual track foreclosure : Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification and/or Bankruptcy. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. And if the Homeowner have decided not to keep with their Home Loan Modification process.

Ill also be escalating this to the SEC, FTC and my State Attorney after this CFPB complaint has been completed.

FAX : XXXX PREVIOUS CFPB COMPLAINTS : XXXX ( loan modification was declined ) XXXX ( submitted on XX/XX/2018 asking not to transfer our loan to another mortgage servicing company )

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