Consumer complaint received 2019-06-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage

Complaint:
XXXX XXXX XXXX, XXXX, is trying to foreclose on my home. If Bank of America would have modified this loan ( a HELOC line of credit ) when they approved the 1st loan, I wouldn't be in this position. 
In XXXX, I became XXXX and started receiving XXXX XXXX   XXXX benefits. Since my income was now half of what I was making, I applied for a loan modification with B of A, who held both the 1st and the 2nd ( HELOC ). It took over 25 months to get approved for the modification, but I worked hard and didn't give up. I was working with a Loan Modification Specialist, who was my single point of contact. Her name is XXXX XXXX XXXX. I voiced my concern regarding the modification of the HELOC account many, many times. I asked if she could consolidate both loans for the first modification. She told me that I needed to be approved for a modification of the 1st, and then B of A would modify the 2nd. 
Ms. XXXX called me shortly after the first loan was modified and said that Bank of America had discharged the 2nd. She told me that I no longer needed to pay the 2nd nor worry about it. 
I believed her. The last payment I made on the HELOC account was in XX/XX/XXXX. Nearly 10 year later, in XX/XX/XXXX, I received a recorded " Notice of Default and Election to Sell '' from XXXX XXXX XXXX, XXXX. I have been trying to negotiate a short payoff with them while simultaneously communicating with Bank of America asking, " What went wrong? What happened? I was told ( not just once, but many times ) that the HELOC account was discharged/charged off and I no longer needed to pay ). 
Since XX/XX/XXXX, I have spoken to XXXX XXXX and XXXX XXXX and other case managers asking what happened to the HELOC in XX/XX/XXXX-XX/XX/XXXX. I have left serveral messages for Ms. XXXX 's supervisor, XXXX XXXX, who has never called me back. In XX/XX/XXXX, I asked XXXX XXXX to please send me the transcript history of all telephone calls from the time I was approved for the modification on the first until the second was charged off. I have called B of A twice since then asking for the same information. Each person I speak with says they are working on it. Today is XX/XX/XXXX, and I am still waiting for that transaction history report. 
Also, depending on who I talk to, the HELOC discharge date is different, the last payment date is different and they NOW won't even say the word " discharged '' anymore. They tell me that they are not responsible for the HELOC anymore and that I need to contact XXXX XXXX XXXX, XXXX. 
THEY ( B of A ) failed to complete a modification on the HELOC and then led me to believe that the loan was discharged AND that I no longer needed to worry about it or pay it. THEY MISLED ME. 
How can a lending institution XXXX up so bad?? I am about to lose my home because they can not get their act together. Why would a lending institution modify the first mortgage, due to the customer experiencing a financial hardship, and then tell that customer that the 2nd loan ( HELOC ) was discharged and that it didn't require any more payments? 
And NOW, B of A 's supervisors don't return calls, I am still waiting for a transaction history and they just don't care. I feel as if Bank of America set me up for failure and that is unacceptable. They should have modified BOTH loans ; or, they should stand by what they told me 9 years ago and discharge the loan. 
This experience has required not only my time, but writing letters ( which I will be faxing at a later date ) and STRESS. Bank of America doesn't care about how their stupid actions will affect a customer years down the road. In my opinion, that is a perfect scenario for setting up a customer for failure. 
I do NOT want to lose my childhood home. B of A needs to FIX this. They are the ones who XXXX it up! 
I will be sending letters I wrote to B of A : to XXXX XXXX, the CEO of B of A in XXXX, NC, and others. I need to know what exactly happened to that HELOC account shortly after I was approved for the first modification. 
Also, in XXXX I was approved for a " principal reduction '' with XXXX XXXX XXXX XXXX. They paid Bank of America {$43000.00} on my behalf to lower my monthly mortgage payments. Bank of America had no trouble ( at all! ) taking that money and still made NO mention of the HELOC. 
I thought everything was fine until I received that recorded Notice of Default, which came regular mail USPS. Bank of America needs to be held accountable for " dropping the ball '' on the HELOC. I shouldn't have to LOSE MY HOME because of their stupid mistakes.

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 non-monetary relief