Consumer complaint received 2023-06-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I have a Countrywide Mortgage ( Deed of Trust ) which originated in XXXX. Bank of America Services the mortgage. 

On XX/XX/XXXX Bank of America answered four separate complaints that I had made to the CFPB with one response ( attached ). Instead of answering each complaint separately Bank of America chose to pick and choose which issues to answer from the four complaints and which to ignore. In addition I still have not received the answer to a fifth complaint that Bank of America told the CFPB they issued on XX/XX/XXXX concerning five payments I made in XXXX and XXXX of XXXX in the amount of {$23000.00} at the request of Bank of America to have 18 months of Covid-19 payments deferred until the end of the loan. * The XX/XX/XXXX answer states in the second paragraph : " Please understand Bank of America is not your attorney, Bank of America has retained counsel in this matter. If you have additional questions... you may contact XXXX XXXX XXXX, XXXX. at ... '' In the fourth paragraph of the Answer, Bank of America states : " When a person requests this assistance from the state, Bank of America generally receives a signed third-party authorization from HAF. As of the date of this correspondence we have not received a properly executed authorization form from the program. '' The lawyer representing Bank of America at the Law Firm of XXXX I. XXXX, XXXX. ( XXXX XXXX XXXX XXXX told me that I have submitted the correct HAF ( Homeowner Assistance Fund ) letter as did a Bank of America Employee who I spoke to on the day before XXXX ( XX/XX/XXXX ). The Bank of America employee I spoke to stated that the reason the HAF letter had not been found was that whoever received it in XXXX of XXXX marked it as " Fax Cover Page. '' It had been faxed in by the manager of a Bank of America Branch for me.The employee I spoke to on XX/XX/XXXX apologized and took me out of the " Foreclosure '' designation and stated he had authorized payments to be received on my account. He said once the HAF letter was there that payments could not be blocked. As stated above the attorney at XXXX XXXX XXXX, XXXX. told me that I have submitted the correct HAF letter. He also stated that I am not in " foreclosure '' and that the " foreclosure '' is on hold because of the HAF letter. 

In addition the attorney at XXXX XXXX XXXX, XXXX. agrees that XXXX. I XXXX, XXXX. was the Trustee of the Deed of Trust from the origination of the loan in XXXX until the end of XX/XX/XXXX. In the beginning of XX/XX/XXXX, While XXXX XXXX. XXXX was the Trustee. I was approved for Covid-19 forbearance and told that once that forbearance period was over I would have the months that were in forbearance deferred until the end of the loan or when I sold the house. This was the policy that the President of Bank of America stated publicly.

Regarding the chain of title for the property there is no dispute regarding that it was originally a Countrywide Deed of Trust ( Mortgage ) with a Countrywide note. There is no dispute that the Trustee was XXXX XXXX. XXXX, XXXX. The only issue that has not been answered is how at the end of XXXX of XXXX was Bank of America ( Which bought Countrywide ) legally able to create a document which changed the Trustee to XXXX XXXX XXXX XXXX XXXX acting as the Trustee for a specific XXXX Countrywide Mortgage  Backed Security ( MBS ) Tranche. Many articles, class action settlements, a Department of Justice Settlement and lawsuits have focused on the fraud that Countrywide and Bank of America engaged in. My Note is a typical high interest note ( that I've paid close to a Million Dollars on already ) with a ten year initial interest only period and then a twenty year repayment period. 

To change the nature of the Deed of Trust suggests Bank of America is moving old Countrywide Deeds of Trust around for some reason. Maybe tranche warfare is back XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX. 

Regardless of how Bank of America responds to this complaint it needs to be stated that much of what Bank of America is doing to me in the way they answer my complaints to the CFPB, be it answering only what they want, providing false answers that contradict their Attorney whose firm was the Trustee ( from XXXX to the end of XX/XX/XXXX ) and stating they have answered a complaint on XX/XX/XXXX but I have yet to receive it as of XX/XX/XXXX is reminiscent of what the Judge found in the XXXX case ( XXXX XXXX XXXXXXXX ) : For punitive damages, XXXX XXXX stressed that the award had to be " sufficient to have a deterrent effect on Bank of America , '' especially because of the role of top management and corporate culture in the case. The judge cited communications from the office of Bank of America 's CEO, both to the XXXX  and to the Consumer Financial Protection Bureau, the watchdog agencycurrentlyunder attackby the Trump administration. After the XXXX  petitioned CFPB about the case, XXXX XXXX wrote that BofA lied to the agency by denying that they ever foreclosed. " The oppression of the XXXX  can not be chalked off to rogue employees betraying an upstanding employer, '' XXXX XXXX wrote. " This indicates that the engine is driven by direction from senior management. '' He even added that the misconduct of the CEO 's office " strayed across the civil-criminal frontier. '' * I have a Countrywide Mortgage that originated in XXXXBank of America services the mortgage for XXXX XXXX XXXX XXXX XXXXXXXX ( as of XXXX ) XXXX XX/XX/XXXX I received the attached response from Bank of America which was also sent to The Consumer Financial Protection Bureau responding to my complaint in case number : XXXXThe fifth paragraph of the letter from XXXX XXXX XXXX, Resolution Specialist, Regulatory Complaints states : '' During a telephone conversation on XX/XX/XXXX, I discussed that in order to be approved for a payment deferral, your loan must be no more than 18 months past due. At the time of the call the loan was paid through the XX/XX/XXXX installment and didn't qualify as it exceeded the deferral program requirements.In XXXX of XXXX I made four full payments of {$4600.00} to bring the payments down to 17 months past due and in the beginning of XXXX I made an additional full payment of {$4600.00} to keep the payments at 17 past due.The customer service representatives I spoke told me me that I would be approved for a deferral of the 17 months of payments that were allowed to be put into forbearance during the Covid-19 period and that they would be tacked onto the back of the mortgage as a balloon payment.I relied on those statements and statements of XXXX XXXX XXXX when I made the four payments.If a Bank of America employee from the Regulatory Complaints Department makes a statement in a letter responding to a complaint the consumer has filed with the Consumer Financial Protection Bureau and the consumer relies on that statement and then Bank of America should honor those statements.As of today 's date, Bank of America has has not deferred the 17 months of Covid-19 forbearance.

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