Consumer complaint received 2016-06-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Hello, My house has a primary loan with Bank of America and my checking account is also with Bank of America. I have a payment which goes primarily through bill pay from my checking account to pay my mortgage. It has been this way for years and there has never been an incident where the payment does not post. XX/XX/2015, for some reason which is still unknown, my payment did not process. The check was issued and it was sent from my account. The funds were drawn from the account as well. Upon noticing that it was not credited to my mortgage, I contacted Bank of America and they suggested that I request a cancellation of the check and a reissuance. Let me say that throughout the whole process, my actions were carried out to whatever the customer representative suggested. Whatever they told me to do, I did without question. 

Once they told me to cancel the check and authorize a reissuance of the payment, I agreed. I expressed my concern about being late on the payment and they assured me that my account was notated and it would not be an issue. After several days I once again checked with my mortgage and found that the reissued check was not posted. I immediately brought this to the attention Bank of America and it was suggested that I consider taking a second payment out to cover the mortgage payment which would mean that I would have to draw funds to cover a payment which was already debited from my account and I did not have the funds to do so. I was once again assured by the customer representative that this was not a concern I should have and that my credit rating was not in jeopardy. 
I walked into my local branch and met with one of the bankers inside a small office to see what I needed to do. Once again I followed the suggestions of the bank and took the necessary steps to send in the payment. I was assured that everything was going to be ok and that there was enough time to get the payment in without any damage to my credit rating. 

The payment posted finally but it was after the 30 day window and I was assessed a 30 day delinquency mark on my account. 
For the record let me state that the scheduled billpay payment prior to this incident and the scheduled billpay payment AFTER this incident both posted without issues. I did not and have not changed any information on the Billpay online page and the fact that the payments prior and after this incident shows that this was in no fault of my own. This is entirely on the bank and its processors. 

I wrote directly to Bank of America to dispute this problem and after a few weeks I was sent a letter stating that Bank of America researched the complaint and decided in my favor and the mark would be removed. To this day it has not been removed and I am angry at their lack of response to my inquiries since then. 

I believe that given that my conversations on the phone were most likely recorded, Bank of America can certainly find that those recordings support my claims and I would like for them to formally open a case and research this further.

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 non-monetary relief