Consumer complaint received 2016-10-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Bank of America XXXX XXXX XXXX improperly serviced my loan. They force placed lender hazard insurance without proper cause or NOTICE. XXXX did not send the required 45 days and 15 days NOTICE. Notice was sent to XXXX dated XX/XX/XXXX, to reduce the amount of coverage to the principal amount owed under the loan. XXXX failed to accept and acknowledge receipt thereof. Several attempts to communicate with XXXX & /or their foreclosure attorney were unsuccessful ; I was provided conflicting information by several members of XXXX & their legal representative. On ( XXXX ) XXXX furnished the payoff statement showing XXXX {$140000.00} XXXX XXXX good thru XX/XX/XXXX ). I was scheduled to close on XX/XX/XXXX. After receiving the XX/XX/XXXX payoff statement, I repeatedly attempted to obtain the payoff statement good thru the closing date of XX/XX/XXXX. XXXX, AGAIN ignored and delayed in responding and providing the information. On XX/XX/XXXX BANA furnished the Payoff statement ( XX/XX/XXXX ) ( {$150000.00} XXXX XXXX good thru XX/XX/XXXX ). The amount had increased by almost {$10000.00} for a period of ( XX/XX/XXXX thru XX/XX/XXXX ) 15 days?! I frantically attempted to contact XXXX to inquire and prevent the collection of these erroneously generated fees. AGAIN, XXXX ignored all my attempts to discuss and remedy the issue. I closed on XX/XX/XXXX. XXXX collected these alleged fees. According to RESPA, the mortgage contract and other governing laws, XXXX had 20 days to refund any escrow surplus monies- to wit : XX/XX/XXXX. XXXX issued the refund checks on XX/XX/XXXX, 27 days LATE. The promissory note was only signed by XXXX, the security instrument was co-signed by his wife XXXX ( tenants by entirety ). XXXX sued XXXX in foreclosure proceedings. The recorded DEED to the property at XXXX XXXX XXXX, FL XXXX listed XXXX and XXXX, husband and Wife ( tenants by entirety ). XXXX passed in XX/XX/XXXX. XXXX was notified in writing. XXXX Last Will and Testament clarifies his asset and property division, with all remaining property bequeathed to his wife, XXXX. His Will also further waived compliance with XXXX XXXX requirements. The escrow refund was IMPROPERLY made payable to the Estate of XXXX. I have attempted to address and remedy this issue with XXXX to NO AVAIL. I incurred expenses to establish a probate estate in XXXX which was subsequently denied. This was a direct violation of the Will signed by XXXX, forced upon me due to XXXX 's negligence in properly/effectively communicating with me. I have also filed a complaint/investigation at a local XXXX branch office in XXXX, FL in XX/XX/XXXX, it was ignored/dismissed. My attorney sent a written request for XXXX to re-issue the checks on XX/XX/XXXX. XXXX again IGNORED the attempt. XXXX has NOT acted in a prudent, fiduciary, reasonable manner. By operation of law XXXX interest in the property automatically transferred to his surviving spouse, XXXX. The Will further addresses/supports this. The checks are now stale, and I am NOT required to incur ANY EXPENSES in the administration of XXXX estate. I will not establish a probate estate. XXXX has purposefully allowed the statute of limitations to pass to avoid liability and recourse. 
XXXX has taken advantage of myself ( XXXX ), a XXXX Veteran, and XXXX a XXXX widow of XXXX years of age. I am filing on behalf of XXXX I have power of attorney to act and communicate on her behalf, regarding this matter. I have now filed a complaint with the Attorney General in an attempt to rectify this ongoing issue with this Big Bank Bully - that preys on the XXXX and XXXX. 
Please contact me if you have any questions or need any additional documentation.

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