Consumer complaint received 2020-05-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CO
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I have had my FHA mortgage serviced by Bank of America ( BOA ) since XXXX. During the last twenty-four months I applied for both a Special Forbearance and later an FHA Loan modification.

I applied for a Special Forbearance and received confirmation on XX/XX/XXXX that my application was complete. On XX/XX/XXXX I received a letter stating I was only eligible for a short sale. BOA erroneously entered that I was employed with zero income, instead of unemployed. I called BOA and spoke to customer support ; I explained this error and was told I could appeal. I submitted an appeal and pointed out that I was denied for being employed and unemployed. I received a denial letter dated XX/XX/XXXX, which stated I could not appeal again, and that my only option was a short sale. I finally made an appointment with a HUD housing counselor at XXXX. A few days later BOA admitted my information was entered incorrectly and I received a Special Forbearance contract on XX/XX/XXXX. This was cancelled by BOA in XX/XX/XXXX, reason was that I did not follow the terms of contract, months later I was able to find out that it was due to a late payment. My payment was not 60 days late so the contract should not have been cancelled. I was not re- evaluated for home loss mitigation until I initiated this in XX/XX/XXXX. 
I applied for an FHA loan modification in XX/XX/XXXX. I received confirmation from BOA that my application was complete as of XX/XX/XXXX. I received a trial payment contract on XX/XX/XXXX this was for a modification with a partial claim. I returned the contract and payment before the due date of XX/XX/XXXX. I received a letter from BOA dated XX/XX/XXXX informing me that I no longer qualified for a loan modification with partial payment. I again went to my HUD counselor, after two hours on the phone with BOA, we were told it was because I did not occupy the property. BOA stated that monthly occupancy inspections had occurred from XX/XX/XXXX to XX/XX/XXXX and that the property was not owner occupied. I have occupied the property since XXXX. I have never been contacted by an inspector, even though inspections dated XX/XX/XXXX and XX/XX/XXXX reported speaking to the homeowner. I live alone so it is impossible that anyone but me ever answered my door. All the inspections are from same inspector who also reports speaking to relatives of the homeowner, again impossible. I attempted to appeal this decision and was told that I could not appeal because BOA had submitted an appeal on my behalf ( without my request or knowledge ). This appeal was denied XX/XX/XXXX again stating that property was not owner occupied. I received an email from my customer representative on XX/XX/XXXX, giving a different reason the original trail plan was not reinstated this was because I could now be offered a better interest rate and did not need a partial claim. I emailed and attempted to call my Customer Care Representative, but he is only available by appointment and I work nights, so correspondence was via emails. I attempted to solve all of these issues via emails with my customer care representative at BOA.BOA made far too many errors for this to be unintentional. I have a general distrust of BOA now. I have left out some details to shorten complaint. I have most documents sent from BOA.

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