Consumer complaint received 2019-08-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
On XX/XX/XXXX Bank of America ( BofA ) will foreclose on my home even though I have proof they committed fraud and BofA admitted to their fraud. I brought notice to BofA 's compliance department in early XXXX, and on XX/XX/XXXX XXXX XXXX from Bank of America 's Regulatory Compliance group admitted that an employee committed fraud after XXXX listened to a recording of the phone call in which a BofA employee lied and told me my escrow would no longer include PMI/MIP : XXXX XXXX : Right, so having heard the conversation you know that I was misinformed, and you know that I would not have signed the loan documents. I mean, that's all in that conversation. So I don't understand, so in other words you have found that what I said was true. That someone did misinform me and therefore I signed loan documents based on that misinformation. 

XXXX : Okay so in regards to that, with that information now that uhm we have that in agreement on there. What exactly are you looking for me to do at this point and time? Because at this point and time I can't remove the mortgage insurance premium. 
( transcribed from a recording of a XX/XX/XXXX phone call that I possess ) Ms. XXXX went on to explain that the only way for the PMI/MIP to be taken off my loan was to meet HUD standard percentages. I did research on XXXX XXXX ' statement and found that federal law disagrees with BofA 's compliance policies. FHA allows for a mutual termination of PMI/MIP. 

BofA 's defense is that their employee said their was no PMI, because the loan included MIP, which is the same thing with a new acronym. My response to that is that I did say mortgage insurance as much as I said PMI, and it is commonly known in the industry that PMI is synonymous with MIP. So, in short, their employee took advantage of the language XXXX she knew I possess. 

BofA 's other defense is that in our phone call on XXXX XX/XX/XXXX Ms. XXXX did not agree that the company committed fraud. They do agree that I was given misinformation, but it was an error, not intentional. However, immediately after her first admission she fails to correct me when I refer to the misinformation as fraud : XXXX XXXX : Okay, then I have to go back to the company, the the complaints department and say that you guys agreed that there was fraud, because that's what this is. And then I will see what they're gon na make you guys do. I don't know what they make you do at this point. 

XXXX : I can, I can start that process and look into what the process is in regards to that. I will be more than happy to start that process, because it will just come back to me. 

In response to their refusal to act and rectify their fraud and my lack of money to file a lawsuit, I stopped payments in XX/XX/XXXX in an attempt to recoup the money BofA had defrauded me of since XX/XX/XXXX. In hindsight, it was not my best idea. 

BofA responded first by trying to sell my loan to XXXX, but XXXX refused the loan after I showed them my proof of BofA 's fraud. Soon after, I received notification that Bank of America put my home into foreclosure in response to my new fall payment amounts and lack of payment over the summer of XXXX. 

They also refuse to supply me with my original promissory note. I have asked time after time but still nothing. The one lawyer who even considered working with me needs that to continue. I don't know what to do. I don't want to be homeless in two weeks. 

XXXX XXXX attacked language areas in my brain. It especially hit my ability to hear or take-in numbers, dates, times, payment amounts, etc. Due to this, I either need to find someone to handle my finances or to record financial or task oriented conversations. In XXXX I had full permission to record conversations due to the ADA. Once the foreclosure was in process, my ADA rights were revoked. So began a 12 month battle, that included 5 trips to my local BofA, trying to gain access to my account and find out what I could do to stop foreclosure and keep my home. It took me saying, You guys are trying to steal my home by selling it out from under me just because there is equity in my home. for them to consider giving my rights back. The modification representatives still refuse to take my calls. I need help. I've filed three complaints with the DOJ/ADA, and they have yet to respond. 

I am two weeks away from being out of time. As of today, the Home Retention/Modification Division of Bank of America has not given me my rights back. They are still keeping me from accessing my account unless I speak to one of the managers, who take three to five days to return my phone calls. They are trying to foreclose on my home and won't let me speak with anyone. Please help me. Please. Someone.

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