Consumer complaint received 2017-01-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America broke the rules. 

When Bank of America failed to resolve all pending escalation cases, in fact and actuality, prior to sale the bank, the servicer, and the trustee intentionally ignored applicable and relevant law directing all escalated cases be resolved before beginning or continuing with foreclosure processes including, but not limited to, recoding foreclosure documents and the sale of real property. Just to be clear, appeals and CFPB complaints are defined as escalated cases, and there were many escaped cases pending on and before the sale date of XX/XX/XXXX. 

When Bank of America responds to escalated cases using their previous responses to prior escalated cases as enclosures and exhibits, they are not resolving the matter, offering proof, or supporting their position or facts related to the expressed concerns which may have been created by the issuance of prior correspondence in the first place. Such responses and offered resolutions ( if they may be referred to as such ) only provide documentation of a lack of knowledge of the applicable rules of law governing loss mitigation processes and escalated cases. For example, when Bank of America represents to me there have been responses provided on all appeals requested without providing the corresponding Appeal Report, and representing receipt of multiple requests for mortgage assistance ( RMAs ) without providing the complete RMA application packages, Bank of America is not providing exhibits or supporting documentation, but are merely asserting their belief the matter has been responded to and, in their opinion, resolved. Just to be clear, concerns put forth in escalated cases are not resolved until the bank, the servicer, or the trustee prove up by offering up the actual documentation in the form of the documents referenced or the documents created as a result of the referenced documents. This has not been done to date in this instance. 

While Bank of America has responded to escalated cases related to this account and real property, Bank of America has not resolved them. By failing to comply with all applicable rules of law prior to the sale of my home and property, Bank of America has made the choice to intentionally defraud me of my home and property and any bona fide purchaser ( BFP ) of the same. Even if Bank of America did and does not realize the impact of their transgressions, harm, and injury resulting in loss and damages, the damage has been done all the same. Just to be clear, Bank of America may undo most of the damages resulting from their premature start of the foreclosure process in this instance as it is not too late to reverse the documents recorded on and after XX/XX/XXXX related to this account and real property by causing the recording of Rescissions of those documents. 

All previously mentioned resolutions are desired and mandatory as stated within prior CFPB complaints.

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