Consumer complaint received 2016-11-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America ( BofA ) has made negligent misrepresentations on a mortgage or Trust Deed and, with the continued use of such practices, have also made fraudulent misrepresentations on a mortgage or Trust Deed. By providing me with knowingly false information and representations related to the status of a mortgage or Deed of Trust, BofA is in violation of RESPA enforced by Regulation X ( Consumer Financial Protection Bureau ( CFPB ) ), TILA enforced by Regulation Z ( CFPB ), the National Mortgage Settlement ( NMS ) enforceable by government agencies ( XXXX ) and consumer protection advocacy groups ( XXXX ), the California Homeowners XXXX enforced by California XXXX XXXX XXXX XXXX through XXXX, the XXXX Code of the state of California that may be enforced through a private right of action in California XXXX Court, and the XXXX XXXX by engaging in racketeering business enterprise with XXXX XXXX XXXX XXXX ( XXXX ). 
BofA has retained outside legal counsel to respond to escalated cases on their behalf, but it is unclear if BofA has provided total access of records to their legal advisors so that a truthful opinion may be rendered based on the most current and available account information and documentation, including, but not limited to, electronically created and kept documents and data. While BofA has destroyed portions of the mortgage and service records in their attempts to create a false narrative of events over the past 56 months, there are documents and data available that make clear the events and actions that occurred throughout the loss mitigation processes. 
There is an established escrow account associated with this mortgage to pay all property insurances and property taxes. Monthly escrow account installment fees and charges are assessed as evidenced by the monthly mortgage installment statements to date. Unapplied escrow fees have been charged against the mortgage and claimed by the servicer as part of a delinquency resulting in the recording of the XX/XX/XXXX16 Notice of Default publicly beginning the foreclosure process. However, BofA has refused to pay the latest property insurances and property taxes timely or at all. The escrow account is still in place as it can not be dissolved per Making Homes Affordable, Homes Affordable Mortgage Program guidelines and related charges continue to be assessed but unpaid as required, intended, charged, and claimed. It is improper, unfair, and a poor and deceptive practice to assess and collect a monthly fee for property taxes and insurances and then not follow through with payment of property taxes and insurances. 
BofA, through their retained legal counsel, represented to me there is no principal balance associated with this home loan mortgage account while concurrently representing and maintaining the XX/XX/XXXX Trust Deed has defaulted and, as such, the foreclosure is proper and in accordance with all applicable regulations, guidelines, and laws including, but not limited to, the XXXX Code. I 've not been a mortgagor since XXXX. 
BofA knows I 'm a XXXX person living on a fixed income. If I 'm forced out of my home I will have no where to live and shelter myself as affordable housing is nonexistent. I will be made homeless and possibly a criminal due to the homeless state of existence. I provided BofA a timely request for mortgage assistance to prevent any delinquency and keep my home, not to be forcibly removed from my home and become homeless. I 'm living in a constant state of XXXX. I ca n't focus or sleep. I do n't eat. I over eat. This existence is ongoing and endless. This is my life now, a state of existence threatened by homelessness through wrongful foreclosure and racketeering.

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