Consumer complaint received 2017-12-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Bank of America XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX and XXXX XXXX We started the short sale process with Bank of America on XX/XX/XXXX. We faxed in our authorization, Hardship Letter, XXXX Cert for XXXX XXXX and the POA for XXXX XXXX giving Power of attorney to XXXX XXXX. ( See the attached documents that BAC has received over the course of the past year. ) Since then we have been informed that the loan has been charged off. In turn we asked that we receive either a payoff demand showing the balance due, if any ; OR a Reconveyence of the 2nd TD. We have requested these in our multiple conversations -- -10 separate conversations -- - with Bank of America which have taken place on the following dates : XX/XX/XXXX, XX/XX/XXXX ( at which time Bank of America told us they no longer had the loan -which was not true ), XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

In almost every conversation I was directed either to a different department ( who then told me that dont actually have the loan either ) or I was given a number to fax in the authorizations and POAs YET AGAIN. 

In my conversation with Bank of America today I was told that Bank of America would need further documents in order to move forward with our requests for a payoff. ( Please see # 4 below ) In this process Bank of America has delayed processing the request for a payoff demand. Instead, they have done several other things : 1. Demanded a different power of attorney WHICH IS A FELONY  -as it is a violation of Elder Abuse laws. 
2. Required the borrower to sign all documents for the short sale herself WHICH IS A VIOLATION OF BOTH POWERS OF ATTORNEY WHICH ARE ALREADY IN PLACE -- not only the Power of Attorney that was in place prior to the start of the short sale, but also a violation of the power of attorney that BAC demanded the borrower sign. If they are claiming the borrowers signature must be in ink on the Bank of America documents then why did they demand another different POA to be signed??? 
3. Required the payoff statement from the 1st TD - the 1st TD payoff has NOTHING TO DO WITH PROCESSING A REQUEST FOR THE 2ND TD -- -- -- UNLESS THERE IS FRAUD GOING ON -- -??????? 
4. Required documents for a short sale before providing a payoff demand. -- - These two things have NOTHING to do with one another SHORT SALE DOCUEMENTS ARE NOT REQUIRED IN ORDER TO PROCESS A PAYOFF DEMAND REQUEST. 
5. Bank of America has acknowledged our authorization yet refused to allow me to speak to someone that actually handles these types of loans. -- - You CAN NOT REFUSE TO SPEAK WITH AN AUTHORIZED THIRD PARTY. 



At this point Bank of America has acknowledged my authorization as an agent for XXXX XXXX XXXX. They have also told us in writing that the loan is charged off.  THEREFORE -- -- -- -- Bank of America has TWO options EITHER provide a payoff demand to me as the authorized third party -- - OR Reconvey the lien off the property. But THESE DELAY TACTICS AND PHONE GAMES HAVE TO STOP. It is obvious Bank of America is either completely incompetent in dealing with these types of loans AND THIS IS PURPOSEFUL FRAUD ON THEIR PART.

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