Consumer complaint received 2018-03-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
1- XX/XX/XXXX Home refinanced with a combo loan from Countrywide : 1st mortgage of {$200000.00} and 2nd mortgage of {$65000.00} 2- XX/XX/XXXX I divorced with ensuing reduce of household income 3- XX/XX/XXXX With the assistance of the XXXX XXXX XXXX XXXX XXXX ( XXXX ), filed a Home Affordable Modification Program Hardship Affidavit with Bank of America ( BOA ) for both the 1st and 2nd mortgages being serviced by them. 
Over several months of negotiation with bank of America for the best possible loan, all the negotiations had the condition to provide a modification including both loans. Many loan modification offers by BOA were rejected for not including both loans. 
Forbearance plan was agreed upon that required a payment of the 1st mortgage only. 
4- XX/XX/XXXX During a visit to the Bank of America branch located at XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX, I was shot during a robbery. The day after the incident, I was asked by the Manager of that branch what they could do for me. I requested a permanent modification of my loans given that I was in forbearance at the time. 
5- XX/XX/XXXX Less than a month after that conversation with the BOA branch manager, I received a loan modification offer with a fixed interest rate for the 1st mortgage loan. I contacted BOA customer service and reiterated the concern that I can't agree to the offer without knowing what will happen with the second mortgage and the fact I can't afford that loan as a standalone. I was told that the BOA intends to charge off that debt and guaranteed me that the house will not be foreclosed because of that loan. 
At this point in time the house fair market value had dropped to about {$150000.00} as many houses were foreclosing in the neighborhood. The house had notes totaling over {$260000.00} on it and was underwater. 
After what I thought was a satisfactory promise from BOA, I signed the loan modification offered. 
I didn't receive any statement of the 2nd mortgage after then and I also noticed that Bank of America online account stopped displaying any information about that account. 
I didn't receive any further document from BOA about this account. 
Bank of America continued to service the 1st mortgage for several years later. 
6- XX/XX/XXXX I received a letter from XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX   stating that the loan formerly handled by Countrywide - XXXX XXXX XXXX XXXX has been assigned to XXXX XXXX XXXX XXXX for which they are servicing / collecting. 
I didn't receive a notice of transfer of assignment from Bank of America. 


Unfortunately since XX/XX/XXXX, I have been sued by XXXX XXXX for the said note and in XXXX XXXX XXXX sold the note they couldn't prove to have an assignment for in court to XXXX XXXX XXXX. XXXX XXXX XXXX suddenly had the needed paperwork to file security deed assignments and they have attempt to foreclose my house 4 times in the last 2 years. 

Documents included : A- Home Affordable Modification Program application submitted to Bank of America on XX/XX/XXXX : XXXX B- Please see attached the proof provided by XXXX XXXX as a transfer of note from Bank of America XXXX XXXX C- Loan classification as predatory by the Department of Justice XXXX XXXX

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