Consumer complaint received 2016-06-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
In XXXX XXXX we received a letter from the XXXX XXXX XXXX XXXX stating that they had been retained to conduct a non-judicial foreclosure ( trustee 's sale pursuant to the Deed of Trust ). The letter stated that they are not a Debt Collector and that the creditor ( current beneficiary ) to whom the debt is owed is XXXX XXXX XXXX, XXXX, as Trustee for the Certificate holders of Banc of America Alternative Loan Trust XXXX, Mortgage Pass-Through Certificates XXXX. 
1. ) In XXXX XXXX a foreclosure proceeding was initiated on this loan, which was abandoned in XXXX XXXX. 
2 ) We were sending payments to Bank of America via our personal account checks. Up until XXXX XXXX those payments had always been accepted. In XXXX XXXX, Bank of America cashed the check and sent back the same amount in a BofA Cashier 's Check. They indicated that the funds were not sent via " Certified Funds '' and were less than the total amount due. No mention was made as to exactly how much would be due to bring the debt current. 
On XXXX XXXX, XXXX, we XXXX a completed " Request for Mortgage Assistance '' application and an entire package of documents to Bank of America. Thus began the long and arduous process of trying to meet all of Bank of America 's never ending requests for more and more data. At the end of the process, we were denied the restructuring based on information they should have known before, or at the very least when, the application for loan restructuring began. 
The property in foreclosure is a duplex. We purchased this duplex in XXXX XXXX and Bank of America refinanced our original mortgage loan on this property in XXXX XXXX. Our loan application at that time indicated that we lived in a separate residence from this property ; we were purchasing this property as an investment ; and that we were ( and still are ) XXXX. 
After supplying reams of information to a person who identified herself as XXXX XXXX, Home Loan Team, Bank of America, N.A., the reason we were turn down was that we are self-employed, not living in the property, and the investor had not given them the contractual authority to modify our loan. " The name of the investor is XXXX XXXX XXXX, XXXX. as Trustee On Behalf of Banc of America Alternative Loan Trust XXXX. '' It was obvious to anyone that had the original loan documents from the XX/XX/XXXX refinance or whom had read the application and documentation provided initially in this restructuring process, that we were self-employed, how much money we made, and where we lived. XXXX XXXX, the person we were dealing with on behalf of BofA,, repeatedly asked us questions about rents received and our personal income. It is our opinion that this loan restructuring application should have never gone beyond the first month after it was received by BofA. 
Our problem with this is : 1 ) We do n't think they have the property documents to file for foreclosure or they would have pursued the action in filed in XXXX XXXX. ( 2 ) We have repeatedly asked for an accounting of the fees and charges over and above our past due loan payments. They did send them to us, kind of. On more than one occasion they mailed us important documents to the duplex ; although they would always confirm our actual mailing address when speaking to us. ( 3 ) We asked repeatedly that they allow us to communicate with them via email, but were repeatedly denied that form of communication. We work with many banks and communicate with all of them via email. It appeared they did n't want a hard copy trail. ( 4 ) It appeared they were simply running up fees during the months between XXXX XXXX and XXXX XXXX, when we were denied the restructuring. ( 5 ) They sent sensitive documents to us via our CPA and a one-time attorney we had used years before for no obvious reason. This had a potential negative effect on our business dealings.

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