Consumer complaint received 2020-01-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MT
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
RECONTRUST committed and act of fraud and deception against me AND cfpb when the Company responded on XX/XX/XXXX. RECONTRUST falsely responded to the CONSUMER FINANCE PROTECION BUREAU ( cfpb ) that it HAD SENT its response " directly '' to the consumer ( me ) " privately '' following my complaint ( XXXX ) which I had submitted to the CFPB on XX/XX/XXXX. 
However 59 days later I have received nothing from RECONTRUST in answer to my complaint. RECONTRUST failed to respond and provided a false response to the cfpb. 
RECONTRUST had a " duty to respond '' and provided false information that it had already performed said duty. RECONTRUST provided false information in its response to the cfpb as a dilatory tactic to avoid accountability for its part in CHARGING UNLAWFUL and EXCESSIVE FEES in violation of MONTANA state law and also to date, failing to provide a settlement statement and failing to provide a comprehensive line by line itemization and breakdown of the charges as I had requested in writing previously. 
Under Montanas Small Tract Financing Act, the legal fees that may be passed  on the borrower are subject to a statutory formula. 

Reasonable trustees ' fees and attorneys ' fees to be charged to the grantor in the event of foreclosure by advertisement and sale shall not exceed, in the aggregate, 5 % of the amount due on the obligation, both principal and interest, at the time of the trustee 's sale. If prior to the trustee 's sale the obligation and the trust indenture shall be reinstated in accordance with provisions of XXXX, the reasonable trustees ' fees and attorneys ' fees to be charged to the grantor shall not exceed the lesser of {$1000.00} or 1 % of the amount due on the obligation, both principal and interest, at the time of default. In no event shall trustees ' fees and attorneys ' fees be charged to a grantor on account of any services rendered prior to the commencement of foreclosure. 
RECONTRUST charged me 'in excess ' of 13 months in interest charges and in excess of 23 months principal charges for just 8 ( eight ) months of arrears and in ADDITION they charged {$3000.00} in 'administrative fees ' {$2000.00} more than allowed by Montanas Small Tract Financing Act. The months of arrears according to their documents ( which contain " yet unresolved servicing errors '' beginning with my very first payment on my mortgage ) were listed ( incorrectly ) from XX/XX/XXXX to XX/XX/XXXX for which reinstatement documents were returned to RECONTRUST on or about XX/XX/XXXX. 
I was charged {$14000.00} in interest. ( Interest was approx {$1000.00} per month ) which is in excess of 13 months of interest. I was ALSO CHARGED {$6100.00} in principal ( principal was approx. {$260.00} per month ) which is in excess of 23 MONTHS. From this they placed {$3100.00} into escrow for Hazard Insurance and County Tax. This left {$3000.00} which is 11 ( eleven ) months of principal. To they there was an ADDITIONAL ADMINISTRAIVE FEE of {$3000.00} for which only {$1000.00} is allowed by Montana Law. 
RECONTRUST illegally charged me {$7300.00} on which they have also collected interest for in excess of 9 years for an additional sum of approximately {$1700.00} in interest accrued on unlawful charges. 
RECONTRUST owes me at minimum {$9100.00} in unlawfully charged sums. 

ReconTrust ( currently Headquartered in XXXX XXXX, CA, ReconTrust is a member of the Bank of America family of companies. XXXX XXXX XXXX XXXX, XXXX XXXX, California ) On or before XX/XX/XXXX, RECONTRUST " falsely '' made a statement to the cfpb, and the cfpb recording the following in summary regarding RECONTRUST 's response : " The company sent its response directly to the consumer because it could not confirm who submitted this complaint. '' However MY NAME IS ON THE MORTGAGE and DEED and I am still residing in the same property on that mortgage which was purchased XX/XX/XXXX, for which RECONTRUST charged UNLAWFUL fees as noted herein above in XX/XX/XXXX. 

Only upon a judge 's finding in recent court case ( XX/XX/XXXX )  did I go back to review the transactional history to also discover the unlawful fees hidden in the transactional history when the judge quoted the applicable state law. 
This is likely why RECONTRUST gave the above response rather than answering my former complaint ; XXXX of XX/XX/XXXX. Not only was the RECONTRUST response a dilatory tactic to avoid accountability it was also meant to avoid having CFPB find cause to fine them for damages. 

RECONTRUST is a wholly owned subsidiary of the Bank Of America companies.

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