Consumer complaint received 2016-12-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Our firm, XXXX has been monitoring our client 's request for mortgage assistance to Bank of America to ensure its compliance with Regulation X. For the past few months, our client has been trying to get her application reviewed by Bank of America however, Bank of America has failed to act diligently and now our client faces a serious concern of losing her home. The borrower submitted a Loss Mitigation Application to Bank of America on XX/XX/2016 via facsimile transmission. We emailed an exact copy to Bank of America 's counsel at XXXX ( " XXXX '' ) on XXXX after discovering XXXX specifically requested the borrower direct any and all loss mitigation communication to their office only and not to send anything directly to the bank. An attorney at XXXX confirmed with our firm the borrower 's Application was submitted to Bank of America for review. Subsequently, XXXX requested additional documents from the borrower needed to complete the review of her Application. All of the requested documents listed in XXXX letter were submitted to XXXX by the stated deadline via e-mail and certified mail on XX/XX/2016. Pursuant to a letter from XXXX dated XX/XX/2016, there was no foreclosure sale scheduled as of the letter date according to Bank of America. 

After receiving a separate letter from Bank of America regarding the documents needed for the modification review, we sent an email to XXXX to confirm the list of items we received from their office on XX/XX/XXXX was up to date and an accurate list of all that was needed for the review. XXXX confirmed via email that the list they sent us was correct and advised that the documents we submitted to them on XX/XX/XXXX were being reviewed by Bank of America and they would advise if anything further was needed. Nothing further was ever requested by XXXX or Bank of America after we submitted the additional documents on XX/XX/XXXX. The borrower never received any notification or information pertaining to the results of her loss mitigation review. Despite the foregoing, our client was notified there is now a foreclosure sale date scheduled for her home. We believe this is clear violation of the prohibition against dual tracking pursuant to 12 C.F.R. 1024.41 ( g ). 

Additionally, we received a letter from Bank of America a few days ago alleging it never received a complete application from the borrower. We believe this to be an inaccurate statement and error given the aforementioned chain of events and communication between our office and the attorneys at XXXX. At no point after the borrower submitted the requested documents to XXXX as instructed on XX/XX/XXXX did Bank of America or XXXX request additional items or inform the borrower that her application remained incomplete. Pursuant to 12 C.F.R. 1024.41, Bank of America is required to diligently review applications and promptly request additional documents when necessary.

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 non-monetary relief