Consumer complaint received 2016-10-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My mortgage servicer Bank of America ( BoA ) appears to be breaking the law, possibly in collusion with mortgage holder XXXX XXXX, and a local law firm, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) and has I believe, institutionalized this practice. BoA is violating the Dodd-Frank Wall Street Reform and Consumer Protection Act of XXXX ( the Dodd-Frank Act ) amended the Real Estate Settlement Procedures Act ( RESPA ) of XXXX, which is implemented by Regulation X with regard to the servicing of certain mortgages, specifically the Dual Tracking Guidelines. They have apparently made this part of their Standard Operating Procedure as they repeated the identical process 2 months in a row in their dealings with me. Over the last XXXX months, BoA twice offered me a Loan Modification Application on my mortgage for my primary residence while simultaneously listing my home for sale by XXXX advertising it in local newspapers and sending me legal Notices of Sale. Both times, the actual Sale Notice dates were prior to the stated Application Deadlines - see uploaded correspondence/date summary below. During the second instance prior to sale date XXXX XXXX, I had completed my application by submitting all requested materials by early XXXX, however BoA representatives continued to request from me things that : ( a ) I had previously submitted, ( b ) turned out to be wrong ( wrongly described by their representatives ), or ( c ) things they knew I could not supply and were not in my control, resulting in my home foreclosure sale becoming inevitable unless we declared bankruptcy ( see below ). On XXXX XXXX when I submitted the final piece of information requested, my application should have been considered complete ; instead, on XXXX XXXX, just 6 days before my foreclosure sale, a new piece of information that BoA knew was not available and not in my control was requested and when I could n't produce it, BoA consciously declined to stop the foreclosure sale. Hence they violated section 12.4.3 of Regulation X. 

During this period I notified BoA of this violation of CFPB Guidelines, both verbally to their representatives and in writing. While their representatives clearly understood what I said, they were oblivious to my objections and my written complaints also went unanswered - see uploaded correspondence. 

Obviously I think this is unfair, but am relieved to know there 's actually a CFPB Regulation that protects consumers against this practice - hence this complaint. So either I misunderstand this law or BoA is systemically ignoring it ... it 's not clear to me if XXXX XXXX and XXXX are also a part of this, since BoA controls the process. My concern is both for myself and for BoA 's thousands of other customers who may be losing their homes, unaware a law ( s ) may have actually been broken. 


Since my narrative exceeds the space available on the CFPB website, the full text of my complaint can be found on my uploaded documents.

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 explanation