Consumer complaint received 2018-05-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I applied for a loan modification in XX/XX/XXXX and have been working with Bank of America for the past year to try and get help. The home in question is a rental property in my name and my husband and I were separated for some time so he moved into that property. When this information was provided to Bank of America, I was told to have him sign a lease agreement showing his occupancy in the home which we did. We went back and forth on proof of occupancy being needed and what we were providing not being sufficient. My husband and I then reconciled and he moved back into our primary home and we rented out the property in questions. We sent updated documents to show the new tenant 's occupancy and for the last five to six months have been denied because they can not verify our income. They said that because there are two lease agreements they have conflicting information and will never be able to help us. We discussed with them the timeline in which everything took place with our relationship manager, XXXX XXXX, she said that XX/XX/XXXX they received a copy of a lease agreement under my husband 's name, XXXX, and on XX/XX/XXXX they received a lease agreement under XXXX XXXX because XXXX moved back home and we leased the other property to XXXX. XXXX said that I needed to wait until the first application was removed from the review and then updated the information. I asked why 65 days went by without them removing our application and she said that a letter would have been mailed requesting additional information with a due by date and since that date did not pass the file was still open on XX/XX/XXXX. I asked her what the due by date was and she said she does not know because she does not see the letter was sent. I told her she was contradicting her previous statement and she said on XX/XX/XXXX a representative called to verbally tell me what was needed and a letter was not sent. I told her that it was my understanding by law that they need to mail a letter asking for additional information and can not just verbally call and ask for it. She responded and said that when they receive a packet they will respond with a letter of anything that is missing initially and after that they only verbally call if anything else is needed. She previously said that a letter with a due by date would have been mailed in XXXX which is why the file was still open but then later said there was no letter and they would verbally call. Nothing she said made any sense and I am stuck with being in foreclosure, on the verge of losing my home and they are refusing to assist me. I have provided the lease agreement and two checks from XXXX with her name and address showing her monthly rent payment to me and the money being deposited into my bank account. They have violated multiple laws with the handing of my mortgage.

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