Consumer complaint received 2020-01-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I was my mothers caregiver since XXXX. I moved her into a house that she chose that was built in XXXX in XX/XX/XXXX. I moved in with her to continue day and night nonstop care. I was also an only child, a single mother, a young widow, and XXXX myself. She passed away in XX/XX/XXXX. From the beginning, I put what funds I had back in to the property and/or household. When she passed, I no longer had her {$1200.00} a month to help with the expenses, payments, maintenance and so forth. For close to 5 years I have paid half of my income, every month to Bank of America. For close to 5 years Bank of America took it straight from my personal bank account. I found out in XXXX Bank of America did not pay the taxes, I retained a lawyer, he wrote a letter then passed away himself. I was issued no refund. I retained XXXX XXXX XXXX  XXXX XXXX. XXXX XXXX has been working on this situation for a year! Bank of America has made an incredible mess of my account! Funds are missing, charges and overcharges that are incorrect, tax amount and property amount was incorrect and since has been corrected by the XXXX County Appraisal District and Bank of America was instructed to go back 2 years with the correct numbers and re-evaluate and they refused. My name is on the deed and recorded with XXXX County and has been since XX/XX/XXXX, that should have been the end of it and mortgage transferred to my name as of CFPB rule passed XX/XX/XXXX. They are breaking federal rule, unethical business practices, bullying, discrimination as toward the end before passing me to another mortgage company, they started sending my correspondence in XXXX. They know I am not Spanish! I am in fear of losing my home! Two XXXX senior citizens live in this house! I am caring for my lifelong friend that has survived XXXX XXXX and XXXX XXXX. Please, please help me! There was no issues or problems until I started working on getting the property in my name. 

XX/XX/XXXX - I moved into this property with my mother as her only heir and caregiver. My mother was the borrower, Countrywide was the original mortgage company. 

XX/XX/XXXX - Bank of America took over the mortgage. 

XX/XX/XXXX - Mother passed away. All mortgage payments were deducted from my personal bank account. Every month, every transaction without fail, my bank states : MORTGAGE Bank of America XXXXXXXXXXXXXX, Telephone Initiated Transaction. 

XX/XX/XXXX - Bank of America acknowledged me as Representative of the borrower in writing as federal rule states as of XXXX. They were provided with the DEATH CERTIFICATE, WILL, MY PLAN FOR THE PROPERTY. Bank of America responded : LOAN CHANGE REQUEST COMPLETE, MORTGAGE CURRENT. 

XX/XX/XXXX - Received Escrow Overage Check XX/XX/XXXX - Received Escrow Overage Check XX/XX/XXXX - Discovered Bank of America paid the insurance out of escrow but not the taxes. I retained an attorney, letter was sent requesting an explanation of why since they were always paid before and I had made ALL payments since her death. Thirteen days after the letter was sent, taxes were paid but the money was gone from escrow without explanation and Bank of America informed me I had an escrow shortage of {$5300.00}! 

XX/XX/XXXX - Attorney passed away. I received no refund of the {$500.00} I paid him. 

XX/XX/XXXX - Bank of America decides my payment will no longer be {$450.00}, ( I had been paying {$470.00} ) but {$1000.00}! I do NOT get that much a month in XXXX! I retained legal counsel with XXXX XXXX XXXX  XXXX XXXX. 

XXXX County Appraisal District corrects property value and puts homestead and exemption back in place. Bank of America is instructed to go back TWO years and re-evaluate. They REFUSED TO DO THAT! Also for over three years, Bank of America was charging me monthly {$8.00} for Accidental Death Coverage on an individual that was already dead! Bank of America was faxed by Legal Aid : DEATH CERTIFICATE, LAST WILL AND TESTAMENT, AFFIDAVIT OF FACTS CONCERNING HEIRS, SPECIAL WARRANTY DEED, all filed with XXXX County XX/XX/XXXX. Bank of American has continued to REFUSE to put my name on anything. They send me correspondence that of XX/XX/XXXX, my outstanding balance is {$00.00}, XXXX XXXX Bank of America starts NOT APPLYING FUNDS they receive the first week of the month, every month, then after the grace period date, they charge me with late fees while they are sitting on the money. They charged me for inspections that are never performed, Property value was reduce by The XXXX County Appraisal District {$24000.00} as the property does not conform to the neighborhood. 

XX/XX/XXXX - I attend XXXX County Appraisal District Protest Hearing and Procedures of Back Assessment of Homestead Exemptions. Instead of credits that are due to me, corrections that are due to me, customer service, courtesy, integrity, ethical business practices, XXXX XXXX demands documents already in her possession at least six times over. by this time Bank of America - ATTN. : XXXX XXXX has received the following : Summary of Payments, Overcharges, and Events, Personal Bank Statements,  Medical Bills, Current Utility Bills, Death Certificate, Last Will and Testament, Affidavit of Facts Concerning Identity of Heirs, Special Warranty Deed, XXXX County Appraisal District Settlement and Waiver of Protest, Accidental Death Coverage Fax Confirmation for Refund, Deceased Spouse XXXX XXXX Discharge from XXXX XXXX, Deceased Spouse Death Certificate, Social Security Disability Letter, XXXX of XXXX XXXX in XXXX XXXX, XXXX Retirement Income Plan, Son 's Obituary, Plumbing Emergency Receipt, XXXX Police Department Deadly Conduct Drive by Shooting Case, Copy of Escrow Overage Check XXXX, Copy of Escrow Overage Check XXXX, Status of Mortgage last month of my mother 's life, Mortgage {$1000.00} behind, my mother given a refinance, Bank of America acknowledgement of Death, Assumption Modification, Bank of America Request of Plans for the property, Escrow Account Review XX/XX/XXXX, Escrow Account Review XX/XX/XXXX, CFPB Federal Rule passed XX/XX/XXXX, XXXX Texas Opportunities Utility Assistance Program XXXX and XXXX, XXXX County Appraisal District Correction, Attorney XXXX XXXX 's request of BOA to explain nonpayment of taxes, thirteen days later taxes paid money disappeared where?, Escrow account activity XX/XX/XXXX, Legal Aid Retainer, Email going out to anyone who would help save my house, BOA written communication, BOA requests MORE information, Legal Aid Response. XX/XX/XXXX payment not applied, XXXX payment not applied and BOA warning of intent to accelerate, XXXX payment not applied yet statement says XX/XX/XXXX outstanding balance XXXX, RESPA Request for information XX/XX/XXXX, Loan Modification application, and Hardship letter. 

XX/XX/XXXX - Bank of America on my front porch 2 weekends, not knocking on my door but leaving tags on my door. Letter stating they are no longer working on my application. XXXX and XXXX payments also not applied, and a final letter stating they have placed my mortgage with another company and will not accept payments after XX/XX/XXXX Mortgage is now in possession of XXXX XXXX XXXX, who is worse than Bank of America! I had no correspondence, no account number, no contact number until XX/XX/XXXX. They have not asked me anything! They are going by Bank of America 's bag of ERRORS, and continued to add missing payments of {$1000.00}, negative escrow balance of - {$2000.00}, unapplied funds unidentified of {$880.00}, fee? {$35.00}, Single item receipt - {$1100.00} to the total of {$6300.00}! They are in possession of 65 pages of documentation from myself, 30 pages from XXXX XXXX, a new hardship letter, a new loan modification application, and attached documents of the same. I have just received a letter stating they can not confirm my successor of interest. I see no one else carrying 14 YEARS OF PROOF! I have all the documents. I can provide you with any and all documents at your request. Please help me!

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