Consumer complaint received 2017-04-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Greetings to whomever is addressing this. I am  XXXX   XXXX  and back in the fall of  XXXX   (  probably between  XXXX  and  XXXX   ),  I sent a letter to our past President Obama regarding a previous home foreclosure my former spouse  XXXX   XXXX  and I encountered back in  XXXX   XXXX  via Bank  of America   (  BOA ). My family and I was directed to move out via a move out agreement which we complied with and vacated the property in  XXXX   XXXX  as we were instructed to do. Evidently President Obama got you all involved and a formal complaint was submitted. The foreclosure occurred as a result of my attempt to do a home loan recodification at that time. The complaint number is  XXXX  Hopefully you can retrieve the supporting documentation from there. But as I recall,  BOA  officials informed you that in fact there was no foreclosure in  XXXX  and they had tried to work with us to resolve the issue and that the actual foreclosure did n't occur until  XXXX   XXXX . Which was n't the case at all. Additionally I am a retired veteran. I served over 20 years in the  XXXX  and I had a VA loan at the time. I am also declared  XXXX  by the Department  of  VA and was at the time of the initial foreclosure in  XXXX   XXXX . While I did fall into somewhat of a financial crisis, I made an all out attempt to be proactive and apply for a loan modification in an effort to avoid foreclosure but to no avail. In  XXXX   XXXX  I was informed via phone call from a representative from the BOA that they were getting ready to foreclose was of the home in  XXXX   XXXX . I initially thought it was a joke and someone was trying to get over on me. Once I realized it was not a joke I informed them that I was instructed to vacate and I did as I was instructed and was currently living in an apartment and was under a lease agreement. I literally, was told to break the lease and just move back in the house that I previously had. My next question was, you expect me to break my lease after I was evicted due to a foreclosure. She informed me that I could either do that or try to short sale it or a deed in lieu. I informed her that I was confused about what was going on and I would get back with her. I then consulted and hired an attorney and took the case to court. Which was about the time you all got involved. However, the case ended up being thrown out of court based on the move out agreement from the initial foreclosure back in  XXXX . I appealed the initial ruling and the ruling was upheld at the district court level. I appealed that decision making  2  attempts to have my case reviewed at the Supreme Court level but it was n't picked up either time. That was a late as  XXXX   XXXX .   The court case is/ was  XXXX   XXXX   XXXX  al. v. Bank  of America, N.A. ,  XXXX .  XXXX   XXXX .  XXXX  Here 's what concerns me. If I were to go rob a bank I would have committed a crime, a felony to be exact and would be facing time in prison and other forms of punishment. Yet the banks needed a bailout using tax payer funds and apart of the agreement was loan modifications and the criteria that was set in place for the bank bailout from the government using tax payer funds. As a tax payer I 'd like to know what real and legitimate methods of accountability were implied?   Also as a veteran I 'd like to know how many other veterans were affected by this horrific practice? Do n't they owe the VA back too?   It seems to me that with the government backing VA loans, if the banks foreclosed on a VA loan, they were reimbursed by the VA and still recouped from the actual resale of the hous e ( usu ally by auction ). Also did n't the banks use tax payer funds from the bailout as  one of the  means of funding the modification program/ requirements?   My questions/ concern are as follows : How is it that BOA can tell you al l one  thing to get you off their track and then go tell the court something totally different?   Is there no accountability?

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