Consumer complaint received 2021-05-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX at the age of XXXX, I purchased my first home. The loan was an 80/20 interest only loan ( which is terrible, my fault for agreeing to that ugly loan for {$220000.00} ( 1st was XXXX 2nd was XXXX XXXX My loan ended up going through the Bank of America and Merrill lynch mortgage buy out/mortgage melt down. 

The economy crashed soon after, forcing me to seek modification options. XXXX XXXX XXXX ( servicer ) informed me of the HAMP loan modification program, however I was told I had to be delinquent, and I was advised to stop making payments in order to qualify, which was wrong. I stopped making payments, which sent me into my first Foreclosure. I proceeded with the HAMP modification through XXXX which took an entire year to complete. I was assured my 2nd mortgage would be written off as part of the modification. Fast forward 9 years later ( XX/XX/XXXX ) a gentleman knocked on our door claiming he owned my 2nd mortgage. I told him my 2nd was written off in XXXX, he disagreed and attempted negotiation, this seemed very suspicious and uneasy seeing he would attempt to negotiate on a loan outside of a financial institution. My credit shows nothing for a 2nd mortgage. An XXXX representative informed me that the 2nd note was moved out of XXXX during my HAMP Modification, before it was completed. 

Since then weve spent months just trying to find out who the investor is on both our 1st and 2nd mortgage. Every time we request this info from XXXX, we receive documents stating the investor is XXXX XXXX. Weve called XXXX XXXX several times, and they are unable to find myself or loans in the system. XXXX also sent a letter stating Unfortunately we do not have a Hello letter evidencing this transfer, or a Goodbye letter due to the account status. 

After doing much research the note has been moved from several servicers and lenders. Ive called every servicer and lender involved.including Bank of America, XXXX XXXX, HUD, The US Treasury, FBI, several Lawyers and the Attorney General. Unfortunately Im finding it impossible to get help from anyone. 

Its apparent that Ive been a victim of Predatory Lending/Mortgage Fraud from the origination of my loans, and continuing ... 

*Rushed to sign - after viewing property, was given 1 hour to sign *Interest only for first5 years *High APR ( 9.2 % on 2nd ) *Large Ballon Payment ( $ XXXX on 2nd $ XXXX on Hamp ) *Bait and Switch tactics *Inadequate and False Disclosures includingforgery of initials ( HAMP ) *Investor that purchased 2nd showed up at residence several years after modification ( statue of limitations in question ) *Note moved several times to unethical entities *Equity Stripping ( Offered by investor ) *Documents seem to be altered I am now in jeopardy of myself, fianc and XXXX year old daughter being XXXX, as this small investor has somehow gone through a foreclosure, even while I am still the note holder of the 1st mortgage and while the Pandemic Foreclosure Moratorium rule has been in place.

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