Consumer complaint received 2018-07-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX, we called BOA to request a loan modification, we did the financials. Up until this time we had been paying BOA WEEKLY payments, at the current time there was {$290.00} is our Unapplied funds. There was an {$600.00} payment in process that we could not stop. On XX/XX/XXXX, we received notice that we have been accepted and forwarded the modification info, we were required to pay Three Trial Payments on or before XX/XX/2018 {$2200.00} XX/XX/2018 {$2200.00} XX/XX/2018 {$2200.00} On XX/XX/2018 we called in and spoke to a BOA Rep, who we explained that we had money in unapplied funds and we were making an additional payment of {$1300.00} when added to the {$890.00} in unapplied funds would equal the XXXX TRIAL payment. 
It was later found out that BOA did not accept that payment as of 1st trial payment! 
We were told that a few different things. 
Pay the {$890.00} again Pay the whole amount again because the payment was not made in ONE payment, we have also been told on one of the many phone calls all initiated by us, that they aren't accepting because they cant use any money that was in unapplied funds. I explained that would have been nice had someone told us that. We explained we were told that we must pay the exact amount which is we cancelled the weekly payments. 
We have spoken to REP 's from BOA that said they would take care of this for us, that they could not help us, that if we paid another payment .... all things that we cant do. We made the next payment on XX/XX/XXXX for the XX/XX/XXXX payment. BOA has now applied that towards the XX/XX/XXXX payment. As of today, XX/XX/2018 we have {$2200.00} sitting unapplied funds. We have spoken to numerous people all with the same answer ... they wont take that money and apply as a payment. 
They keep saying that if we pay before the end of the month..ie ( XX/XX/XXXX will be XX/XX/XXXX trial payment and XX/XX/XXXX will be XX/XX/XXXX trial payment and the modification will be approved ), they will take what's in unapplied funds and apply it towards the balance, we have explained that does not help us we need it a either a trial payment or XX/XX/XXXX mortgage payment, because if not they are setting us to fail, because we will starting off not being able to pay XX/XX/XXXX mortgage till the end of the month. 
We have spent numerous hours on hold, on the phone talking, or waiting for responses. 
I don't understand how a company can do this. Every way we offer a way to resolve this they deny it. I have asked to hear the phone tapes of the conversations between myself and BOA Rep 's on XX/XX/XXXX and XX/XX/XXXX when I called about the payments and I am told I can't. Most have admitted that the BOA Rep, should have told me that paying the {$1300.00} would not be added to the unapplied funds for the 1st trial payment but he didn't, so I ask how can they use that against me?

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