Consumer complaint received 2015-09-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TN
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
In XX/XX/XXXX and into XX/XX/XXXX we experienced a substantial drop in household income which led us to fall behind on our mortgage payments. In an effort to save our home and prevent foreclosure we began working with Bank of America to see what programs we might be eligible for. 

Over the course of the following 6 years we tried several times to bring our loan current with Bank of America. There were work-outs and different types of modifications ( including HAMP ) and each time we neared the end of the process as explained to us something would " happen '' and we did not complete the program : often times after being told by a Customer Relationship Manager ( CRM ) that we had reached the end and our loan was going to be modified. On at least two instances we were told our file was " going to the courthouse '' for the paperwork to be filed within a week ( one time we were told our paperwork WAS taken and entered at the courthouse ). The CRM told us we should be receiving information explaining how to make payments or set up auto-payment in the next couple of weeks. Instead, two weeks later we received a letter stating we had voluntarily removed ourselves from the program. Appealing and escalating to find out what happened took the next 8 months, and we still have never been given the same answer twice. 

After filing bankruptcy XX/XX/XXXX we anticipated losing our home, but after the bankruptcy passed and we still had our home we again started the process of attempting to modify our loan. Again the process was wrought with issues that were just hard to explain. Documents were not processed timely, notary signatures were rejected ( even after going to a Bank of America branch location to have the notary services performed ), underwriter review was inconsistent and it took 7 months to navigate completely through the program and ( finally ) reach a successful modification. 

While preparing our home for sale a title search turned up XXXX liens placed against our deed from HUD. This was a surprise to us, as we had never successfully completed a modification plan. After putting all the pieces together we discovered these were from the earliest of our unsuccessful attempts to modify our home loan. We have met with nothing but resistance to adequately investigate these fraudulent liens from Bank of America while being told by managers and CRM 's along the way that they see the issue and they are going to " escalate '' our problem. 

The facts are plain : our interest rate remained unchanged from XXXX XXXX to XXXX XXXX, as no modification took place. Prior to the successful modification in XXXX XXXX our past due amount was around {$35000.00} ... an amount that is mathematically impossible if the XXXX lien amounts from HUD ( totaling over {$15000.00} ) were ever applied to our account. The XXXX liens were entered on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX, which again is impossible as there is only 14 days between the XXXX dates and we could not have gone through XXXX modifications in two weeks when it never took less than 5 months on any occasion ( sometimes as much as 9 months ). 

We have never denied signing and notarizing the Subordinate Deed and Deed of Trust as part of our attempt to modify, but the plain truth is that after returning those documents Bank of America never fulfilled their end of the deal and completed our modification. In essence, documents were delivered to HUD and to our county Register 's office FRAUDULANTLY AS BANK OF AMERICA NEVER APPROVED OUR FINAL MODIFICATION IN THESE INSTANCES ... resulting in negligence on their part, either intentionally or unintentionally, that has prevented us from selling our home on at least one occasion in the past and is threatening to prevent another in three weeks. We simply want to sell our home and never have another transaction with this licentious financial institution again.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation