Consumer complaint received 2018-03-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
My name is XXXX XXXX XXXX, I am a single parent of XXXX boys. I purchased a home from bank of america/countrywide. The Seller ( who was BOA ) failed to disclose issues with the home that included significant construction defects and many misrepresentations. They entered an agreement to fix the home but did not complete everything per that agreement. I later became aware that the employees that sold me the home were committing fraud at the bank. It had been reported to the FBI XXXX  NC office. Apparently what they did on my home mirrored what they had done on other properties that involved a fraud for profit or builder fraud for profit scheme or even a straw buyer.

I first came in contact with the BOA former Countrywide employees XXXX XXXX  and XXXX XXXX   because of the complaint I had against the builder, XXXX XXXX   and the realtor, XXXX XXXX who executed a remodel contract on this home prior to ownership in order to take money from me but not put it into the home. They informed me that I going to get credit on it at closing. My chief complaint against Bank of America is that they provided a faulty home, misrepresented the value, misrepresented their own conflicts of interest since the XXXX   brother was one of the contractors on the home ( XXXX XXXX  ) ; they violated the Deceptive Trade Practices and failed to disclose issues with the home that they would have known since they managed the property in all phases of construction. I also found out that the person who signed these so called agreements to me ( XXXX XXXX ) was not an officer at the bank and they used me to cover up their illegal acts within the bank along side the builder, per the whistleblower. I was also informed that all the monies I had put in the home prior to closing on the home should have been reflected on my HUD settlement statement. I never received any credit for anything. Instead I was sold a home with significant defects, non-disclosure of information and no record of any of the funds paid into the home prior to closing and then I was placed in the position of working with contractors direct that should have never occurred. All monies should have been recorded.

This whole situation regarding bank of america destroyed my business and credit, has placed in risk of foreclosure with XXXX XXXX ( my main mortgage servicer ) ; created a negative home equity loan situation with XXXX XXXX XXXX due to the overinflated appraisals that BOA provided and misrepresented to all parties. My family and I are living in a home that is not refinanceable, re-sellable or even habitable in part of the home due to the significant construction defects that were never disclosed by the employees at BOA because of their own conflicts of interests and involvement with the contractors themselves. The total cost remedy of the defects is over {$250000.00}.

In addition, BOA failed to pay and clear a mechanics lien until I sued the title company then the title company sued BOA to remove the lien. This clouded the title.So I should have never even closed on any loans. It cost me over {$140000.00} in fees with XXXX XXXX, over {$110000.00} in fees with XXXX XXXX  and I still risk losing my home due to the financial impact because of it all. I was forced into filing bankrupcty because of all of this with still no remedy of my home due to lack of funds. I had a lawsuit against BOA but I had to withdrawal it due to legal expense and in order to preserve my claims while in Chapter XXXX  bankruptcy. I am hopeful that by me sharing my story, the CFPB can assist me with this once and for all and bring resolution to this highly stressful situation that has caused me and my family a huge financial hardship and compromised health due to the toxic mold in the home. I am providing documents including the whistleblower testimony and the expert report of this case with hopes that you can assist or provide me some guidance for resolution. Please let me know if you want any other documents. I have several witnesses that has been willing to testify against BOA or assist in any way. All of these issues have negatively impacted the value of the home by almost half.

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