Consumer complaint received 2020-06-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: SC
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I would like to be transparent I am not struggling to pay my monthly mortgage payments. 
I did not see any option that addresses my issue or concern. On Thursday evening ( XX/XX/XXXX ) I received an alert via email from Bank of America. The alert was regarding my mortgage. I opened my BOA app and ( 2 ) pages was there, the first page was a Release of Liability and the second page was a notary acknowledgement page. Both pages were blank as respects to the lines on the page wasn't filled in. And there was no date on either page. However, the typed message was basically BOA releasing XXXX XXXX ( my ex-husband ) from liability. I have no idea what's going on or why this is being done. 
1. I filed for a divorce in XXXX, XXXX XXXX was under a court order by XXXX XXXX XXXX XXXX in XXXX, SC to continue all indebtedness pertaining to the family home until final hearing. He violated that order which BOA was given. The first month he did not pay I called BOA informed them what was going on. I was a stay at home Mom at the time rearing our four children. I had no means to pay the mortgage because he also stop paying alimony and child support at the time. 
2. I was in constant communication with BOA. I learned about mortgage assist programs and applied for a Home Modification with/thru XXXX. 
3. ( Supplemental Info ) He stop paying the mortgage if I remember correctly early XXXX the modification was approved in XXXX. Bringing arrears to {$59000.00}. My divorce was final in XXXX. He started Bankruptcy filings in Pennsylvania, I believed XXXX. 
3. BOA requested per a phone conversation that in order to for the loan modification to go through. XXXX XXXX had to be removed from the deed. I knew nothing about or wasn't aware that could be done. I was told it could and they feared he would file for bankruptcy which he did. However, I followed the directive given by BOA and addressed this issue with my attorney. My attorney filed a contempt motion for non-payment of the mortgage and a host of other matters. BOA was supplied with all court documentation. 
4.The XXXX  did order him to remove himself from the deed to the home with hopes for me to salvage the family home. At this point the mortgage was so far behind even if we sold it it would still be under water. 
5. I was told clearly by BOA that they would not remove XXXX XXXX from the orginal loan contract we both signed in XXXX. In fact, I was told they couldn't remove him because at that time I couldn't " hold the loan '' ( $ XXXX ). And they had no reason to release him from the contract/loan. I did secure employment and was/is able to pay the monthly note. Just because an person decides I don't want to pay or be associated with a mortgage anymore you just can't say take my name off just because. 
6. XXXX XXXX originally filed for a Chapter XXXX then later converted to a Chapter XXXX. He committed fraud. On his Bankruptcy XXXX it appears he claimed our minor children as dependents living in his household. That was a lie, he relocated us to South Carolina in XXXX. I filed for an divorce in XXXX, he moved from South Carolina XXXX early XXXX. I did not know this is another reason that took so long in court. 
7. At the time of his filing for Bankruptcy his earning were over $ XXXX plus yearly bonuses. He raided the XXXX removing over XXXX from the account. We had somewhere in the ballpark of XXXX in the bank which he took. 
Like I stated, I was a stay at home Mom. He didn't know I secured employment he moved out of XXXX. He assumed I wouldn't find out, I found out what he did when I went to file my tax return. It was denied because he had already filed our ( 3 ) minor children. We have ( 4 ) our eldest was XXXX XXXX XXXX at the time. Of course, I disputed this with the XXXX. I provided school records etc and the IRS reversed allowing me to claim our children. However, he used that bogus tax filing for his Bankruptcy. That's how he converted from a Chapter XXXX to a Chapter XXXX. 
8. Bank of America did not remove him from the orginal loan in XXXX when I did the Modification because there was no cause to. Again, in fact I was told that they couldn't remove him. 
9. I signed for the modification everything cleared through underwriting and oversight from XXXX. I have paid the monthly mortgage payment since the loan returned to normal status as agreed. The {$59000.00} is in a subordinate note due in XXXX after the original balance is paid. I was directed no major change could occur with the loan i.e. removing his name, is this not major? If so, the {$59000.00} would become payable immediately. 
10. Now this comes up in XXXX, literally 6 years after-the-fact and during a pandemic! This is not what I was originally told and now the rules are being changed. This places me and my family in a very scary and distressing predicament. This is not fair, is this even legal? 
11. I called BOA on Friday, ( XX/XX/XXXX ) seven different times from XXXX XXXX p.m. Each representative could not respond as to what was going on. I believe not do to lack of knowledge. Due to the fact they didn't understand either how this could be happening. Also, I was informed that the paperwork was filled out. By a BOA notary, however they didn't see a date or a seal. Why is the paperwork I have blank? No one could answer. Also, an attachment ( Exhibit ) is mentioned I don't see any attachment. 
12. ( 3 ) Reps. suggested this had to come from the Assumption Dept. I was transferred to Assumption Dept. spoke to a gentleman ( XXXX ) he was a bit snappy towards me. He mentioned didn't I called in for an assumption in XXXX? I stated I inquired about what " is '' an assumption. I never applied for it. Making an inquiry calling the source getting the correct info instead of reading what's online is that a bad thing? What does that have to do with this in XXXX? He vehemently denied that came from his department. Even saying I don't know why they transferred you to me. 
13. ( 1 ) Rep. XXXX did attempt to reach via phone out to a XXXX ( the person whose signature is on the notory ). To no avail, XXXX stated she would send an email to her. Rep.Krista stated she would escalate this to the mortgage team. I spoke to a total of ( 7 ) BOA Reps on Friday XXXX XX/XX/XXXX ). All minus XXXX stated to me typically no one can be removed from a loan unless ( 1 ) Refinance or ( 2 ) Assumption. I did not apply for either. I want to know how can BOA just switch up the rules on me? How will this affect or impact the loan modification? I'm not the one making any changes. I do not have XXXX to pay up front. To date, I keep my end of the agreement. 
14. The mortgage is NOT delinquent, Never been late, Never missed a payment since the modification in XXXX six years ago. I need Clarification Please on the above. I feel blind-sided. 
Be Safe and Be Well, 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 non-monetary relief