Consumer complaint received 2018-06-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: LA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Please note : My home is in foreclosure, and I filed bankruptcy in order to stop the process. I filed bankruptcy pro se without an attorney. It is going to be dismissed in XX/XX/XXXX because I don't have an attorney on my behalf. 

Also please note that as of XX/XX/XXXX, I suffered severe XXXX XXXX injury and I am now XXXX XXXX XXXX. 

After years of negligent and fraudulent actions by Countrywide and Bank of America, my loan was transferred to XXXX as of XX/XX/XXXX. 

The Countrywide Mission Statement reads To help individuals and families achieve and preserve the dream of homeownership. 

XXXX XXXX XXXX XXXX, Chairman, CEO and president stated that Bank of America helps build strong communities by creating opportunities for people - including customers, shareholders and associates - to fulfill thier dreams. My dream has been taken from me as a result of the negligent and fraudulent actions by Countrywide, Bank of America, XXXX XXXX XXXX and XXXX in the handling of my Loan Modification. 

After Hurricane Katrina ravaged XXXX XXXX, I was unable to return to my home for seven ( 7 ) weeks. My job of eleven ( 11 ) years with XXXX XXXX was eliminated due to the devastation of the XXXX XXXX in XXXX XXXX and the XXXX  XXXX XXXX. Immediately after Hurricane Katrina, I called Countrywide to ask for their assistance and was told that my loans would be placed under forbearance and the payments would be waived for six ( 6 ) months. I was also told and received letter in the mail confirming that under no circumstances would any negative and or derogatory c redit reporting be made to my credit files. 

In XXXX, XXXX, I became employed by XXXX XXXX XXXX owned by XXXX XXXX and I called Countrywide to tell them that I was now employed and ready to make the payments on my loans. I also told them that I had the opportunity to obtain an SBA loan and that I would use that money to pay off my loans with Countrywide. I was told that there was no need to make another loan, that my current loans would be modified. I was told that they were going to give me an additional six months of forbearance so that I could make repairs, etc. 

While waiting for the Modification Process to be completed on XX/XX/XXXX, I received a phone call from XXXX from one of the local Countrywide offices in XXXX XXXX and asked if I was satisfied with my current loans and if she could help me in any way. I told her that her call was perfect timing because I was interested in buying a new home and was having difficulty getting information from the Countrywide office in XXXX concerning my current loans that was under a Disaster Modification and that I was still waiting for the Modifications to be completed. I told her that I was interested in refinancing ( since I had not received the Modifications ) the loans currently on my current home and buying a new home with one of the new ARM loans to have a lower house note on the new home for the first 3-5 years, and that I would be renting the current home that I live in and using part of the funds from the rental as additional income enabling me to afford the note on the new home. I gave her the price of the new home and approximate value of my current home and if this was possible for me to acquire the loans for bo the refinance of the current home and loan for the new home. I told her that I had been speaking with XXXX in the work out department for the Disaster Modification from Hurricane Katrina. 

On Friday, XX/XX/XXXX I received call from XXXX from the local Countrywide office to tell me that Countrywide was able to accommodate my request to refinance current loans for my home, taking out the equity and also financing for the new home. She told me to go ahead and make an offer on the home because she had spoken with XXXX and XXXX be sending her a Letter of Good Standing in order for the local office to do the financing on the loans. XXXX asked me to fax her pay stubs, bank statements, XXXX forms and other documents and letters for her to get started. 

On Friday, XX/XX/XXXX I called my realtor and made an offer on the new home I wanted to purchase. 

On Monday, XX/XX/XXXX the offer was accepted by the seller and my agent faxed me a copy of the purchase agreement to XXXX, including the closing date for the Act of Sale which I requested I had requested Authentic Title to handle the closing. I gave my agent a check in the amount of {$1000.00} for the down payment and I proceeded to set up all of the Home Inspection, Air Qualit and Mold Test, Video Pipe inspection and Termite Inspection. I also received quotes for the Home Owners and Flood Insurance. 

On Tuesday, XX/XX/XXXX, I met with the appraiser to do the appraisal on my current home. 

Numerous faxes have taken place between XXXX and myself regarding these loans and on Friday, XX/XX/XXXX at approximately XXXX XXXX, I received call from XXXX to tell me that the apraisal had come back lower than expected and that the act of sale was not going to take place that day and that I couldnt afford the loans. I told her that I thought the appraisal was extremely low. She told me to send her some comparables for other homes that were sold in my area and that wer would talk on Monday, XX/XX/XXXX. I asked her if I could have a copy of the appraisal so that my agent could see which houses my home was being compared to. I was told that I didnt pay for the appraisal and if I wanted a copy of it I would have to give her a credit card number and I would have to pay {$360.00} for a copy of it because someone was going to have to pay for the appraisal and it wasnt going to come out of her paycheck. With it being so late on Friday afternoon, there wasnt much I could do to rectify the situation and found myself panicking for answers because of the possiblility that I would not get the new home and lose my down payment and all other fees for inspections that I had paid for. 

On Monday, XX/XX/XXXX, I called the local Countrywide office again and this time I spoke with the office manager, XXXX XXXX XXXX and explained the entire events to him. He was very understanding and willing to help and asked that my agent send houses in my area to compare the appraisal with and that he would do a comparable report to the appraiser and ask for an adjustment. My agent sent him six houses that were recently sold in my area as comparables. 

On Wednesday, XX/XX/XXXX the seller extended the Act of Sale date until Friday, XX/XX/XXXX. 

On Wednesday, XX/XX/XXXX, I received email from XXXX XXXX that the appraiser was not going to change the value of my home and that the appraisal will remain the same. Again, I told him that I didnt agree with the appraisal. 

On Thursday, XX/XX/XXXX, I received email from XXXX XXXX that read I will call you this afternoon. It just doesnt look like we can do anything at all to benefit you. 

I forfeited my down payment, the Home Inspection, Mold Test and Air Quality test and Video Pipe Inspection fees. I tried to secure financing with numerous other lenders only to be told that I could not get financing because of the credit scores I had due to the erroneous reporting by Countrywide. The purchase agreement expired and the home was sold to someone else. 

Meanwhile, I was still working with Countrywide to get the Disaster Modification that was previously started but still not completed. After numerous phone calls, faxes, and letters to the office of the President. 

The Loan Modification process was completed in XX/XX/XXXX. It took three ( 3 ) years to complete and as a result countless dollars in interest, attorney fees, etc. have been added to the Modification. ( only the 80 % portion of the loan was modified ) I was threatened with foreclosure as a result of the negligent and fraudulent manner that Countrywide has handled the first Modification. 

I made the first payment on XX/XX/XXXX and the second payment on XX/XX/XXXX. 
On Thursday, XX/XX/XXXX at XXXXXXXX XXXX., I called XXXX and spoke with XXXX in the Countrywide Customer Care Department to ask why I had not received statements for either account for XX/XX/XXXX and XX/XX/XXXX. She asked if I had used the Countrywide website to view my statements. I told her that I had done so, but not able to view the accounts. She placed me on hold and when she came back on the lines she told me that my accounts had been Speciality Flagged and perhaps that is why I couldnt view the accounts. She asked me to hold and transferred me to XXXX in the Customer Care Unit. I explained to her that I had not received statements for XX/XX/XXXX and XX/XX/XXXX. She said that it was probably because the payment for XX/XX/XXXX had not been made. I asked her to check again because the check I sent with payment had been cashed. She checked again and said the payment was received by not posted to my account because the loan was under Modification. I told her that the Modification had already been completed. She said she would post the check today ( XX/XX/XXXX ). I asked her if it was going to show the payment received on time. She said she would show it as of that day XX/XX/XXXX, but effective XX/XX/XXXX, the date the check was actually received. She told me that the statement for Loan Number XXXX was mailed on the first of XX/XX/XXXX and I should receive it soon. 

Thursday, XX/XX/XXXX, I received call from Countrywide that I owed them {$3000.00} for the Modification Papers. I explained that we had this same conversation 5 months earlier and supposedly it was corrected. On Tuesday, XX/XX/XXXX, six months after the Modification was completed in XX/XX/XXXX, I arrived home from work to find a XXXX envelope at my front door with another new set of Modification Papers enclosed, with new figures and no letter of explanation. This was totally unacceptable. The modification was done incorrectly again and still didnt include the 20 % portion of the loan that was supposed to be rolled in together as one loan and one Loan Modificiation for both loans. 

During this time Countrywide reported negative and derogatory remarks to my credit files with XXXX, XXXX, XXXX and XXXX  and continues to do so month after month. My credit scores have dwindled to the point that I can not secure refinancing of these loans from others. 

I made numerous phone calls to many different customer service representatives. Sent emails, faxes and also letters to the Office of the President to get help in having this process resolved. 

On XX/XX/XXXX I was contacted by XXXX XXXX XXXX who told me that he was now going to be my Customer Service Representative. 

On XX/XX/XXXX at XXXXXXXX XXXX, XXXX XXXX XXXX called me to say he had the new refinance papers for me on his desk. He told me that the interest rate would be 2 % for the first five years and 4.75 % for the remainder of the loan. He said that he was waiting for the completed paperwork from his department in order to send to me. 

XX/XX/XXXX at XXXX XXXX, XXXX XXXX XXXX called me to let me know that everything was moving right along and he was still waiting for completed paperwork from his department to send to me. 

XX/XX/XXXX, XXXX XXXX called me to say he finally had the completed paperwork on his desk with the rates as discussed in previous phone call of 2 % for the first five years and 4.75 % for the remainder of the loan. He said that an assumption packet was being sent to me and asked me to fax all of the information to him when I received and completed the packet. 

I completed the assumption packet and sent to XXXX XXXX. 

The completed Modification Papers that he said he had on his desk were never sent to me. I was never able to speak to him again, and had to speak with someone and explain the entire situation to them and start the modification process over and over countless times again. 

In XX/XX/XXXX I was served with papers for foreclosure by XXXX XXXX and XXXX. 
After speaking with XXXX XXXX, they put a hold on the foreclosure proceedings after I had explained this debacle to them. I worked with their representative for six months faxing and mailing every thing I had to them. After six months working with XXXX XXXX, I had still not received modification. The representative stopped taking my calls, not answering my emails and started another modification process again with another representative with Bank of America. 

I have made countless phone calls and spoken with numerous customer service representatives at Countrywide/Bank of America. I have made numerous calls and letters to the Office of the President for Countrywide/Bank of America to no avail. The problem has continuously escalated month after month. 

On Wednesday, XX/XX/XXXX I received letter by XXXX XXXX from Bank of America with Trial Modification papers with no explanation as to how this new payment was derived. 
My new payment will be {$1200.00}. 

On Wednesday, XX/XX/XXXX at XXXX XXXX I spoke with XXXX XXXX XXXX, Customer Care Advocate with Bank of America. He went over the new Modification papers with me. I asked him how the figures for the payment were calculated. He told me to make the first three payments and after that another Modification would be done and that is when I would receive explanation. I told him that this was unacceptable and that the Bank of America set this new Modification up so thatI would fail, knowing thatther is no possible way that can make a monthly payment of {$1200.00} when my Social Security XXXX payment is {$1700.00} each month. 

On Thursday, XX/XX/XXXX, XXXX XXXX called and asked if I wanted to make the first payment with him over the telephone. I told him that I was not satisfied with everything that has transpired. He told me that the payment was not due until XX/XX/XXXX. He told me that he would be on vacation and he would call me when he was back in the office. 

Monday, XX/XX/XXXX at XXXX XXXX, XXXX XXXX XXXX called me to make payment by telephone with him using my checking account. I made the payment and he gave me the confirmation number XXXX XXXX. I asked and wanted to confirm that my home was no longer in foreclosure. He told me that my home was not in foreclosure because the Loan Modification was granted. 

Tuesday, XX/XX/XXXX, ( Payment due on XX/XX/XXXX ) XXXX XXXX called for me to make payment by phone using my checking account. I made the payment and he gave me the confirmation number XXXX XXXX. 

On Monday, XX/XX/XXXX, I received letter by XXXX from Bank of America saying that this is FINAL NOTICE : If trial payment not received by end of the month Bank of America would cancel the Modification offer. 

On Tuesday, XX/XX/XXXX XXXX XXXX XXXX called me to make payment ( due on XX/XX/XXXX ) and I told him that I had received Final Notice letter. I told him that I needed to discuss the entire situation by Countrywide, Bank of America and XXXX XXXX XXXX. 

The 20 % portion of the loan was transferred to XXXX XXXX XXXX and I was forced to pay it off. Approximately {$13000.00}. 

This process began with the aftermath of Hurricane Katrina and with all of the repeated failures of the processing by both Countrywide and Bank of America I have lost any and all credit, I lost a new home and thousands of dollars in resources. 

The original loan was an 80/20 loan. {$72000.00} and {$18000.00}. During this modification process, the 2nd mortgage portion of the loan was sold to another company and I was continuously threatened by them to foreclose on my home. I had to borrow funds from friends and family to pay off the 2nd mortgage. 

The 80 % portion of the loan was transferred to XXXX as of XX/XX/XXXX, the loan was transferred to XXXX. 

I have researched many different loans that both Countrywide and Bank of America offer. I applied for Making Home Affordable program that President Obama put in place to help the people of the United States have their dream of owning a home. 

I was told that every loan that is and was in place to help Americans refinance current loans for new ownership did not apply to me. 

The Loan Modification was supposed to help persons lower their note to make home ownership affordable.

The Loan Modification that I have received has made it impossible for me to make these payments since I am now XXXX XXXX  XXXX and receive monthly XXXX. 

I feel as though Bank of Americas has set up this loan so that I wold fail and not be able to make payments and that I will be threatened with foreclosure. 

I am overwhelmed with humilitation, anger and disappointment. I dont sleep at night, my hair has fallen out, I constantly tremble and the pain from my injury is unbearable at most times because I constantly worry.

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