Consumer complaint received 2015-05-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I have been involved in an active loan modification with Bank of America with respect to my owner-occupied property at XXXX La XXXX XXXX, XXXX, CA. ( Loan # XXXX ) On XXXX XXXX, XXXX, I received a letter from Bank of America stating that my recent loan inquiry was received and we 're in the process of concluding our review to provide you with a response. We appreciate your patients while we complete your request. On XXXX XXXX, XXXX, I received another letter from Bank of America stating that my recent loan inquiry was received and we 're in the process of concluding our review to provide you with a response. I contacted Bank of America because the foreclosure sale date on my home of XXXX XXXX, XXXX was approaching. I was informed by Customer Service not to worry, that the foreclosure sale date would be extended due to my active loan modification. 

On XXXX XXXX, XXXX, I was sent a letter from Bank of America stating that they were no longer actively reviewing my application for loan assistance because they did not receive the requested documents. I was never asked to provide any additional documents. I contacted Bank of America immediately. My single point of contact had been removed. I could not get my agent, XXXX XXXX, to return my telephone call. I set up two " call back '' appointments which were never returned. Since that time, I have spoken to 7 different agents without resolution. I was told to fax current bank statements and paycheck stubs which I did immediately. My correspondence is attached. When I called to check-in to make sure that the documents were received, I was told that it is too late to postpone the foreclosure sale for XXXX/XXXX/XXXX, but I have been trying to resolve this for weeks! 

Bank of America 's representations to me were that my loan modification was going through it 's regular process. I checked in many times and was told that the underwriters were still reviewing the loan modification and that the foreclosure date would likely be postponed because they had not completed their review. The Bank lulled me into a false sense of security that I would not lose my home to foreclosure. By way of the letter dated XXXX XXXX, XXXX, it appears that my efforts to save the home and obtain a loan modification or forbearance plan have been unsuccessful. I feel that my loan modification has been denied solely because I am a single mother with a dependent minor child and my former spouse does not pay his child support. 
In a panicked effort to mitigate my own losses, I listed the home for sale and obtained a full-price offer on the first weekend showing. I immediately provided all of the documents to Bank of America to verify this bona-fide sale. We are now in the home stretch. Escrow is scheduled to close on XXXX XXXX, XXXX to well-qualified buyers. Since XXXX XXXX, XXXX, I have sent 5 letters requesting 13-day postponement of the foreclosure sale so that I could close this escrow. I am being told by Bank of America that my request for postponement has been declined " because I have an FHA loan. '' I do not understand why an FHA loan has anything to do with it? This is grossly unreasonable. 
As of XXXX XXXX, XXXX, I am still in an active loan modification. See letter from Bank of America attached hereto. Bank of America is dual-tracking while I am legitmately involved in an active loan modification with B of A - and this dual-tracking is illegal. 
I have not been given sufficient time from the declination letter of XXXX/XXXX/XXXX to XXXX/XXXX/XXXX for sufficient time to review all of the documentation which I have submitted for review. My daughter and I will be homeless if this sale does not go through so that I have funds to obtain alternate housing for myself and my daughter.

Company response to consumer: Closed with explanation