Consumer complaint received 2017-05-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
To Whom It May Concern ; MISLEADING PRACTICES!   I AM LOSING MY HOME OVER $  XXXX ! I received a letter from my mortgage company, Bank of America stating my taxes were not paid, when they were paid for the quarter! BOA stated that I owed  XXXX  dollars and  XXXX   XXXX  cents! ( {$3.00} ) Again, I state my taxes were paid for that quarter. I have always paid my own taxes since I took out the mortgage with Bank of America. If I remember correctly with a forty-some dollar overage -- because the tax department did not have any change. When returning to t he Borough Tax Dept. t o pay the {$3.00} cents, I was told dont worry about it, they would apply the {$3.00} to the next tax quarter, which would be  XXXX     2017 t axes.   I received another letter from Bank of America in late   XX/XX/XXXX  st ating they paid my taxes in the amount of {$1300.00} ; the amount they say that the Borough told them that was due! I called BOA immediately and advised them that my taxes were not DELINQUENT and that my taxes were already paid minus the alias {$3.00}. I also reminded them that not only were my taxes paid, but I have NEVER been late on my mortgage! I do not have an escrow account, nor will I be paying an escrow account for my property taxes that I have always paid myself. I have  XXXX  mortgages with Bank of America, for almost  9  YEARS TOTALING {$1200.00}. I am not a rich man, I am on Social Security  XXXX  and I try to pay my bills. My mortgages have never been paid passed the grace periods.   I called BOA and contacted the tax dept. and advised them to contact the Borough to get their money back. After a couple of weeks BOA sent me a monthly statement of {$1400.00} stating that the Borough that I lived in would not refund their money because   XX/XX/XXXX   taxes would be due by the time they refunded the money! HOWEVER MY MORGAGE COMPANY DOES NOT PAY MY TAXES! BANK OF AMERICA SHOULD HAVE TOLD THEM THAT! Instead it leads them to believe that I have an escrow account!   Bank of America has no right to create an escrow account when the account was not delinquent. They conspired with th e Borough tax department to get more monies. The over-payment should have been refunded by the Borough not by m e -- and Bank of America had no right to start an escrow account for {$3.00} cents! To make a long stressful story worst, after numerous calls to the BOA who did not want to accept my regular   XX/XX/XXXX  mortg age payment of {$760.00} and put my account in default because they felt I did not meet my NEW MONTHLY PAYMENT OF {$1400.00}, due to their MISTAKE. After the BOA said the  XX/XX/XXXX  Borough is keeping the money and applying it to my   XX/XX/XXXX  tax es, I told them I would refund the {$1300.00} to them after getting documentation from the Borough stating that the monies were applied to my   XX/XX/XXXX  tax es and not sent back.   After my wife received documentation from the Borough stating the amount was applied to my taxes. I went to resolve this matter in person at the  XXXX  branch! I told the person that the amount should be applied to the over payment and alias escrow account! Instead  XXXX  applied the total amount to  XX/XX/XXXX  mortgage, and try to refinance my other mortgage. My wife called BOA and spoke with a  XXXX , who lied continuously, saying she would back the monies out the monthly mortgage payment and applying it to the escrow account which it was meant to be, and call me back. I called her back again on   XXXX 17, w anting the matter resolve so I can make my monthly mortgage payment. She lied and said it is going to take some more time to close the escrow account, but not to worry that the account would not go into default and the matter would be resolved. To add insult to injury I received a call on  X/X/  17 S TATING MY ACCOUNT IS IN DEFAUT, AND SHE IS CALLING ME TO HELP ME!  XXXX  in the escalation department calls back on  X/X/  17 v ery late in the evening, telling me in a very aggressive unprofessional, debatable tone that this is how it is going to be and the escrow can not be closed! She purposely stalled on resolving this matter so the month of    XX/XX/XXXX    would put me further in default. I asked  XXXX  to give me to her supervisor, she hasty replied she will call me back. I have not heard from her! I AM AT RISK OF LOSING MY HOME OVER $  XXXX !!. THIS MIX WAS NOT MY FAULT.

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 monetary relief