Consumer complaint received 2019-10-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
Complaints against Bank of America - Summary On several occasions, while Bank of America ( BOA ) was reviewing my Request for Mortgage Assistance ( RMA ), the agent requested for me to send additional information and documentation. When I faxed the requested documents to the fax number that the agent specified, it happened on multiple occasions that the agent told me that BOA had not received my fax, or that there were parts missing, or that the pages were cut off, or some other excuse. Whenever I sent any fax to BOA, I have always received a confirmation. I have many times sent such faxes from the nearest BOA branch, and the teller would confirm that the fax had been received, and still, when I tried to confirm with the agent over the phone after sending the fax, the agent would tell me that the fax had not been received by BOA. 

For example, onXX/XX/19 around XXXX, I faxed an RMA packet that included 55 pages. On XX/XX/19 at XXXX XXXX I called BOA to confirm they received my fax. The BOA agent said, yes, we have received your fax, but all the pages are cut in half and none of the pages are any good for reviewing. And the agent requested for me to send the 55-page fax again. On XX/XX/19 at XXXX XXXX, I faxed the packet again from the BOA branch at XXXX XXXX XXXX XXXX, La XXXX CA XXXX. The relationship manager that faxed the packet for me at XXXX XXXX said to wait one hour to make sure the fax had gone through and to call XXXX XXXX the branchs local phone number ) to confirm that the fax was delivered, which I did on XX/XX/19 at XXXX. The relationship manager confirmed that the fax was delivered successfully and that I could go and pick up a printout of the confirmation email, which I did later that day. RIght after talking to the relationship manager, I called the BOA agent to confirm that the fax was received. This time, the agent told me that only 45 pages out of the 55-page packet were received. So I went back to the BOA branch in XXXX  XXXX and faxed the whole packet again. I waited another hour, confirmed with the relationship manager that the fax had been delivered, and then called the agent back again. This time, the agent said that BOA had only received 5 pages. At this point, on XX/XX/19 at XXXX XXXX I requested to speak to a supervisor and my call was redirected to the supervisors voicemail box. I left a detailed message and repeatedly gave my name, account number and phone number and requested a callback. To this day, I have not received the requested callback from the supervisor. 

The problem with BOA saying that they are not receiving my faxes, even though the BOA branch keeps on confirming that the faxes are being delivered, is that BOA has now proceeded to sell my home at auction on XX/XX/19. The BOA agent explained that it was too late to submit information, even though I had been faxing documents nearly every day up until that day. BOA sold my home at the same time that my current RMA was being reviewed - this is considered Dual Tracking, which has been illegal in California since XXXX. It also appears that the agents that I spoke to over the phone at BOA act like my documents were not being received, in order to say that the documents were not able to be reviewed. It appears that BOA has purposely denied receipt of the requested documents multiple times in order to illegally sell my home. 

This is not the first time that I have sent an RMA packet to BOA. I have sent several over the past few years and have always been denied, except for once, when BOAs terms were that I would pay double the amount that my regular mortgage payment would be ( which seems odd, since the point of requesting mortgage assistance is to lower the monthly payments! ). Every time that I got denied for mortgage assistance, I have asked to receive the reasons for denial in writing. I have yet to receive such a document in writing. I have requested such documentation many times from different agents and each time I was told that BOA does not send such documents, except for once, and the agent told me that it would take up to 15 business days for me to receive the document. To this day, I have never received the requested document nor an explanation for why my RMAs have been denied. Instead, the agents would tell me to start a new RMA because of a change in circumstances. 

At any given time, when I was speaking over the phone with an agent from BOA, it appeared that the agent was confused as to whether my previous RMA was still active or not, nor could they tell me why a request had been denied. On some occasions, I was asked to fax in additional documentation that would corroborate information from previously submitted RMA. From what Ive gathered, the agents often got confused and said that the information did not match, but when I asked them to show/tell/explain to me what did not match, they were unable to. In one example, the agent said that the bank statement that I submitted in a previous RMA did not match my submitted bank statement from the same period in a later RMA. The agent had trouble explaining to me over the phone what was mismatched and so I asked for them to send it via fax, email or snail mail, which they then declined. To this day, I do not know what the agent was saying was mismatched between my two separate submissions of the same bank statement. BOA appears to arbitrarily deny RMAs and perpetually fail to explain their reasons why. BOA continues their practice of dual tracking, despite that its been illegal in the State of California since XXXX. BOA sold my home illegally and I demand that restitution be made.

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