Consumer complaint received 2022-07-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Begin forwarded message : From : A XXXX XXXX Subject : Re : Consumer Financial Protection Bureau XXXX XXXX. XXXX Date : XX/XX/XXXX at XXXX XXXX  PDT To : XXXX Cc : XXXX Dear XXXX XXXX XXXX XXXX There has been no response to my correspondence below of XX/XX/XXXX. 

Adding to the active complaint filed with the CFPB that your client has removed access to make automated monthly payments on my mortgage. I have made XXXX attempts to date to timely pay my XXXX mortgage via automated telephone system, which has been regularly used for over XXXX years. In a pattern of retaliatory action, your client has removed my access to do so, just as it did last summer. 

This causes hardship. Your client has closed their branches near me, preventing payment from being made in person. It has demonstrated prior patterns of holding payments posted to them/not timely cashing them, then falsely trying to demand late fees. 

This note serves as notice of addition of this complaint as a result of the retaliatory act by your client and intent to pursue damages to the full extent allowed for any payments not processed as timely while this matter is resolved. 

Sincerely, XXXX XXXX cc : CFPB On XX/XX/XXXX, at XXXX XXXX, A XXXX XXXX wrote : Dear XXXX XXXX XXXX : I had no such knowledge that your firm was still counsel for Bank of America , N.A. ( BANA ) because it has failed to respond since the items delineated in my complaint of XXXX to the CFPB were submitted. This was after after your firm failed to respond to numerous follow ups from on or about XXXX through XXXX. 

The email of XX/XX/XXXX from your firm fails to address the XX/XX/XXXX complaint either timely or any of its contents, so it can not serve as a response. It appears your firm failed to read the complaint and the numerous follow ups over XXXX consecutive years sent to your firm. 

Nothing has been alleged. Facts have been submitted confirming the pattern of intentionally negligent misrepresentation combined with repeated new acts, in addition to violations of the settlement agreement of XXXX. Documentation has repeatedly been provided of patterns of intentionally negligent misrepresentation including but not limited to : ( 1 ) failing to provide timely mortgage statements ( 2 ) failing to correct accounting in mortgage statements ( 3 ) committing elder abuse by harassing an XXXX year old family member who is a XXXX survivor about mortgages they are not a party to in any manner ( 4 ) failing to abide by terms of mortgage agreement ( 5 ) failing to update my address ( 6 ) fraudulently misrepresenting mortgage terms ( 7 ) balance of items delineated in my complaint Your clients records are incorrect. Your firm, as a representative of your client, had a duty to advise it of same when I provided repeated advice all prior charges for late and/or delinquent payments during the period the mortgage statements had not been mailed to the correct address. The several months of missing statement have neither been been provided to the proper address, nor has my address been corrected to date. Nor was any evidence provided in your communication that false charges were reversed or credited. 

Disagreeing with a characterizations does not change the fact of documented patterns of intentionally negligent actions, which were clearly communicated repeatedly from their repeated occurrences on or about XXXX through on or about XXXX. This is in fact a pattern of action that likewise occurred prior to the settlement agreement. Your client was made fully aware of these patterns prior to settlement in XXXX and has repeated them through XXXX with full knowledge of prior acts, in clear bad faith. 

Despite your clients and your firm- along with several other firms who your client included - being made fully aware of such pattern of elder abuse, new act ( s ) were again committed after settlement. 

The suggested resolution described in my complaint was a generous offer provided for the documented pattern of acts of intentionally negligent misrepresentation that are not subject to any prior XXXX or XXXX. It was also a gracious offer to settle your clients violations of our XXXX settlement agreement. Your client may choose to accept the suggested resolution within five ( 5 ) business days, otherwise it may be subject to full public disclosure, publication, action to the full extent of the authorities and/or legal action, including but not limited to turning over all documentation for class action, for which it is understood there may be substantial interest. 

Sincerely, XXXX XXXX cc : CPFB

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