Consumer complaint received 2016-02-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I have struggled with keeping my home for several years. Me and my family bought this loan at the height of the market, I paid top dollar for this house, financed it with a XXXX and XXXX XXXX % loan. I like many have fallen into forclosures hands. My income decreased and I was unable to afford the adjusted payment on both my XXXX and XXXX. This caused me to file for bankruptcy sometime in XXXX. I completed a chapter XXXX BK, was discharged of my debt including my XXXX mortgage. I have not heard anything from my XXXX mortgage in years. This past year I grew tired of my delinquency status- I have decided to short sale my home and relocate my family to another state upon closing using the HAFA program. This is where my problem begins, my XXXX mortgage has become a difficult part of the process of short selling. My XXXX loan advised my agent that they will pay them up to XXXX to release their loan. For several months my agent has worked with BOFA to square away their participation with this short sale. My agent was advised XX/XX/XXXX that BOFA will indeed participate with the short sale and to contact them when we are ready to proceed, I did not have a buyer for my home at that time. In XXXX I accepted an offer from a first time homebuyer and the process commenced with my first to approve the short sale- it is a requirement that the XXXX loan provide a payoff demand to validate their lien, this you would think would be easy- of course it has turned into a disaster. BOFA would not process a payoff demand, after several more calls and escalations, my agent was told that the loan was foreclosed FALSE I did not foreclose an obvious error. Then my agent received a letter from BOFA advising this loan was charged off. This triggered the XXXX to remove their incentive since there is no XXXX lien- they held up the file for a month waiting for BOFA almost had the short sale canceled because of this hold up. BOFA is now trying to advise that they service released my loan. This could not be further from the truth- I have never received any documentation advising that this loan was released to another servicer, my title shows no assignments to another lender or trustee- BOFA is trying to hold up my property from closing because they still retain their lien on my title and will not release it as of today, they are trying to say it is still a valid loan and that another bank is handling the loan now-FALSE-there is no proof of this- nothing was committed to writing-then they advise this happens at times? When does this happen? This is not how things are done, when a loan is released to another servicer a borrower receives notification that this is occurring, I should have received a " goodbye '' letter from BOFA and a " welcome '' letter from the new " servicer '' none of this has occurred, there is nothing in BOFA 's system. And we are now unable to offer BOFA an incentive to participate-because they have nothing to offer but a letter that they were charged off. The next step is for them to provide a reconveyance to title. BOFA is refusing to help- they are trying to send my agent around in circles to deal with another company, XXXX, this company does not return my agents several calls. I feel as though BOFA is being deceitful. There was no valid service release and now they are trying to hold up my short sale actually endangering me from being able to close escrow because of their sloppy mixup. Today they are trying to state that my XXXX has MI, I never had mortgage insurance on my XXXX! so which is it? was my loan charged off? foreclosed? service released?! they have told me all XXXX within the last 2 months! the only proof I have is a ltr advising that it is charged off.

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