Consumer complaint received 2018-09-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX ( XXXX ) XXXX Consumer Financial Protection Bureau XXXX XXXX  XXXX XXXX, IA XXXX Re : Complaint About Bank of America Home Loans ( BANA ) [ BANA Account XXXX ] Dear CFPB Representative, I would like the assistance of the CFPB in addressing BANAs conduct in regard to this mortgage. BANA has acted egregiously, maliciously, illegally and outlandishly for more than eight years.

Because the conduct Im referring to has been on-going for so long, more than the life of the CFPB, this complaint is long and involved. In order to present the situation for your consideration, I will relate the situation status and circumstances over the last month and how I feel the CFPB may be able to help and then provide background which may help the CFPB in assessing the complaint.

One background fact : The borrower is my deceased mother-in-law who died in XX/XX/XXXX and I was appointed the executor of her estate in XX/XX/XXXX and immediately informed BofA and provided BofA with the death certificate and court documents. 
Over the past month : About early XX/XX/XXXX, XXXX XXXX XXXX XXXX ( XXXX ) started foreclosure for BANA. This foreclosure is illegal in that BANA had assured me that they were considering my Request for Mortgage Assistance ( RMA ). The notice from XXXX included a declaration from a BANA employee ( XXXX ) claiming that BANA had tried with due diligence to contact the borrower in order to assess their financial situation etc. This is an absolute lie as will be apparent in light of the further information in this complaint. [ The foreclosure notice is attached ] On XX/XX/XXXX, I called BANA to inquire about the foreclosure notice and the BANA representative ( XXXX ) told me that she could not discuss the situation because BANA had no information that I was the authorized representative for this account. This is utter nonsense as BANA has known for years that I am the authorized representative. XXXX told me to fax the court document to ( XXXX ) XXXX, she would not provide a name or an office designation. I faxed the document the same day ( XX/XX/XXXX ). ( The fax : document/cover letter/transmission verification is attached ). Since that time I have repeatedly contacted BANA to discuss the foreclosure, but am told that document has not been processed yet. 
On XX/XX/XXXX I received a letter from BANA [ Estate Unit ] which is addressed to the Estate and offering condolences and stating that no further documents are requested, but that Ill be contacted within 30 days. Yet, still, when I tried to contact BANA to discuss this account, they claim they have not received the necessary documents to speak with me about the account. 
So, what Id like the CFPB to do is the following : 1. Contact BANA and determine who the responsible BANA employee is and their address/phone/email.

2. Inform BANA for the 10th time ( at least ) that I am the authorized representative for this account and provide the court document ( attached ) if they still claim they dont have it. 
3. Determine the full name of XXXX [ person who signed the declaration ] 4. Inquire if BANA will withdraw the foreclosure and evaluate the RMA as required. It is very important that I know as soon as possible if BANA will withdraw the foreclosure or will not. 
I hope the CFPB can assist me in getting this information, I know you can cut through the BANA red tape. Please help me or let me know right away that you can not get this information for me.

Previous interactions with BANA regarding this account : Ok, so that was a brief synopsis of what is going on right now and my request for your assistance in obtaining a point of contact at BANA.

So, now Ill provide some of the background information that shows how immoral and reprehensible BANA conduct has been over more than eight years and continues to be to the present. This will be a condensed version, but if the CFPB requires more specific detail I can provide it.

Starting prior to my mother-in-laws death, BANA has repeatedly lied and mislead me to understand that this mortgage would be evaluated for mortgage assistance, and that mortgage assistance was likely and induced me to make extensive expenditures, payments/insurance, etc. And then every time I thought some progress was being made, BANA would transfer the account to XXXX XXXX XXXX ( XXXX  ) and I would have to start all over - - and then XXXX would transfer the account back to BANA. It has been a nightmare. Please help. 
In XXXX, having endured this torture for more than five years, I retained an attorney ( XXXX XXXX ) and sued BANA and XXXX. The Complaint filed in United States District Court ( XXXX XXXX ). The case is XXXX filed on XX/XX/XXXX and can be referenced from the District Court 's website. The case details the illegal condcut of BANA and XXXX in this matter through early XXXX. After filing the lawsuit XXXX and BANA agreed that an RMA would be considered and I agreed to dismiss the case. Both BANA and XXXX claimed that no documentation had been received, so, I sent them an RMA that was over 100 pages and included every document they wanted ( including the court document authorizing me as representative of this account ). I received repeated assurances from BANA and XXXX that they had received everything they needed for the RMA and that it was being evaluated and that mortgage assistance was likely. Over the past couple years, BANA has repeatedly told me to make payments on this account to improve the likelihood that the RMA would be approved. I have repeatedly requested an accounting of previous payments on this account and have never received any. 
Throughout the past two years BANA has told me the RMA was in progress and in XXXX ( or XXXX ) XXXX, I was assured that this process was almost complete and that I would receive notification when it was completed. Instead, I received the foreclosure notice and the statement from BANA that they had tried to contact the borrower when they know that the borrower has been dead more than eight years. To make matters worse, BANA refuses to discuss the account by claiming they do not have the court document, but they have received it many times and have discussed the account with me on dozens of separate previous occasions.

This situation is disgusting, aggravating, and frightening. Please do not let BANA get away with this blatant violation of the law. 

Please let me know right away if the CFPB can help me. 
Sincerely, XXXX XXXX XXXX ( XXXX ) XXXX

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