Consumer complaint received 2016-06-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Inaccurate Replies - BOA has yet to provide legitimate answers to " any '' of the previous CFPB complaints. 
o BOA 's answers have been generic at best, most if not all are inaccurate or fabricated. 
o BOA keeps referring to their old complaint replies that have been proven to be inaccurate. 
o BOA seems to have a concern about the amount of complaints I have filed. 
CFPB representative went over all of the answers provided by BOA and replied to me that " you are right, Bank of America has not answered any of the issues '' If BOA would reply with legitimate/accurate answers there would not be any more complaints except when they have to answer for the truth!!! 
Held payments from XXXX - XXXX - BOA has failed to provide any evidence to answer the previous complaints concerning held, unapplied payments. 
- There are still payments that have not been applied. 
- BOA claimed that my bank wrote the " Counter Checks '' I disputed to withdraw funds from my joint checking account held with my wife in XXXX, XXXX. 
o My bankXXXX has provided a written statement disputing BOA 's claims. 
o XXXX has stated in the past and still stands by their assertion that Bank of America wrote the counter checks to themselves without permission. 
o XXXX also states that the months towards the end of XXXX where no checks exist were " called in by BOA '' claiming I gave permission which is not true. 
o XXXX also states that written authorization is required for BOA to withdraw multiple payments in a row. 
I have " never '' given Bank of America written permission to withdraw any funds from my checking account. 
BOA refuses to provide anything that substantiates their claims about these " forged checks ''. 
- The Payment History provided by BOA has clearly been modified numerous times. 
o Numerous entries from many different months have entry dates that are the same. 
- After applying for modifications for 1.5 years that Countrywide/BOA claims were cancelled by the investor, I received a telephone call from Countrywide informing me I would not qualify for any assistance as long as I was current and instructed me to miss the next XXXX payments. 
o I only missed XXXX payment which was made up within a couple of months. 
o BOA sent me a letter of intent to Accelerate in XXXX which claimed I was in default and XXXX payments behind. 
o My account had been brought current however BOA refused to acknowledge this and kept me in default. 
o After almost a year of trying to get my payments applied I decided not to send anymore payments until BOA acknowledge and applied the payments they already had in their possession. 
o BOA refused to apply the payments. 
o After my last payment in XXXX of XXXX BOA took over paying themselves without permission with the counter checks mentioned above. 
- The claimed investors reported in a letter to the FHFA that they had received numerous modification request 's for me from BOA however " NONE WERE COMPLETE ENOUGH TO EVEN CONSIDER '' o Every modification I submitted was confirmed complete by Bank of America. Yet another servicer abuse by BOA. 
- In XXXX I received a letter from Recontrust, BOA 's foreclosure trustee, stating that the Note to my mortgage no longer existed. It was either lost or destroyed according to the letter sent on Bank of America 's behalf to try and proceed with the foreclosure they were trying at the time. 
o BOA foreclosing law firm, XXXX claims that they have the original Note, " signed in blank '' in their safe. 
o This statement ca n't be accurate unless another Note has been fabricated. 
Very strange that a Note that no longer exists can show up years later " signed in blank '' with no explanation and 10 years after the Original Lender went out of business and ceased to exist. 
BOA refuses to respond to this.

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