Consumer complaint received 2015-07-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I filed a Bankruptcy in XX/XX/XXXX my Bk was discharged I included the Mortgage and the charge off of the mortgage in my bankruptcy. The bank is Bank of America in 5 years thye have not released the lien nor have they taken my name off the property I am being held liable for all the expenses that are incurring on the property. Iahve called them several times they say they reconcongize the mortgage and the chargeoff and it was included in my bankruptsy they are saying I tried to do a loan MOD which is not correct they will not show me any paperwork or anything I have been dealing with this for 5 years now it is causing me financial hardship and stress. 

Then Bank Of America Responded : Response disputedBank of America Home Loan Servicing said : Explanation of closureNothing contained herein is intended to be, nor shall anything herein be construed as : ( a ) the commencement or continuation of any action to recover a claim against you that arose prior to the filing of your bankruptcy case, ( b ) an effort to obtain possession of any property in your bankruptcy estate, ( c ) any other action in violation of the automatic stay that may be in effect in your bankruptcy case, or ( d ) any violation of any discharge injunction that may have been entered as a result of your bankruptcy case. This letter is solely a response to your request for mortgage assistance and is not a demand for payment or an attempt to collect a debt. You are not obligated to enter into a modification or other workout agreement. Please inform your bankruptcy counsel, if you have XXXX, that you have requested a loan modification or other workout assistance from Bank of America. In addition, any workout assistance that you may be eligible for may require bankruptcy court approval before going into effect.According to our records, on XX/XX/XXXX, you filed a voluntary petition under Chapter XXXX of the United States Bankruptcy Code in the United States Bankruptcy Court. Furthermore, the U.S. Bankruptcy Court Central District of California records indicate that the Chapter XXXX bankruptcy was discharged on XX/XX/XXXX, and subsequently closed on XX/XX/XXXX. Additionally, we have confirmed this loan was not reaffirmed.Please note my research indicates there is no record of a loan modification review during the time of servicing by Bank of America. Please understand that the following information is provided for informational purposes only. Our records indicate the loan was paid through the XX/XX/XXXX installment. Further research reveals that the account was charged-off. Please note a charge-off does not release you from liability of the Note. Please see the enclosed copy of the mortgage note for your reference.Therefore, we respectfully decline your request to pay any taxes or fines incurred since the loan was discharged in XX/XX/XXXX. In order to satisfy the account, you may set up monthly payments or settle on the account. If you are interested in exploring these options, please contact our XXXX XXXX XXXX Monday through Thursday from XXXX to XXXX and Friday from XXXX. to XXXX Eastern at XXXX. 

***My Response is I did file a BK on the Mortgage and the Charge off According to several different attorneys they are supposed to release the lien and they are not compliant and Bank of America has recongized that my loan was discharged in bankruptsy, however they have not provided me with a release of the lien. I am demanding that they release the lien the on the property so that I may sell my property. 

I Have been leaving several Messages since there response and no one has returned my phone calls.

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