Consumer complaint received 2016-12-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America , N.A . ( BANA ) has wrongfully denied me a home loan modification program offered by the United States government. Specifically, I have been incorrectly denied a Making Home Affordable ( MHA ) Home Affordable Modification Program ( HAMP ). 

On XX/XX/XXXX, BANA incorrectly denied me a MHA HAMP. XX/XX/XXXX, a timely appeal was made. On XX/XX/XXXX, the Bank of America Appeals Department conducted an appeals review and issued an Appeal Report by an Appeals Specialist granting MHA HAMP. On XX/XX/XXXX, the then assigned single point of contact ( SPOC ) XXXX XXXX, issued what is represented to me as a determination on appeal denying MHA HAMP. This Customer Relationship Manager ( CRM ) and SPOC also made this knowingly false representation to me on XX/XX/XXXX and again XX/XX/XXXX as stated, represented, and confirmed by Customer Relationship Supervising Manager XXXX XXXX on XX/XX/XXXX. 

To date, not a single assigned CRM or SPOC has provided or confirmed with me the determination made on appeal by the Appeals Specialist of XX/XX/XXXX. To date, no written determination has been provided to me issued by the Appeals Department based on the Appeal Report of XX/XX/XXXX. 

On XX/XX/XXXX BANA caused to be recorded a Notice of Default ( NOD ). On XX/XX/XXXX, BANA caused to be recorded a Notice of Trustee Sale ( NTS ). A Trustee Sale at auction is scheduled for XX/XX/XXXX. To my knowledge, the sale of my home has not been cancelled and no Rescission withdrawing the NOD and NTS has been caused to be recorded. 

Bank of America lied to me for four ( 4 ) years during and throughout the modification process. Escalated cases have been opened related to the above events, reference numbers XXXX of XX/XX/XXXX and XXXX of XX/XX/XXXX. 

I am not going to stop Bank of America BEFORE the wrongful sale of my home ; Bank of America has to stop themselves. 

Mesne profits are sums of money including, but not limited to, sale price or proceeds, rents, or profits paid, gained, or accrued for the possesion, occupation, or control of real property and improvements to a person without right of immediate occupation, where no permission has been given for that occupation during the rightful owner 's exclusion from his real property or home. 

Per California law, I am already entitled to statutory damages including attorney fees and cost. I will seek exemplary and punitive damages upon commencement of litigation in California Superior Court. 
31 ) California Code of Civil Procedure Section 312 - 366. 

32 ) Wrongful denial of requested mortgage assistance and loss mitigation programs. 

33 ) Violations of Constitutional Rights to access an participate in government. 

34 ) Wrongful Foreclosure. 

35 ) Wrongful Sale of Real Property. 

I am not trying to stop Bank of America XXXX Bank of America has to stop themselves. 

All previously mentioned resolutions are desired including all statutory, exemplary, and punitive damages plus an addtional ten percent and an immediate reimbursement of all amounts applied to this mortgage account at a quarterly interest rate of ten percent via cashier 's check not drawn on Bank of America or any of their affiates, or on a bank that does not conduct business within the state of California. Not only must Bank of America pay me back, to include mesne profits, Bank of America must also repay the tax payers all amounts associated with this account. This includes, but is not limited to, TARP, MHA, HHF funds since XX/XX/XXXX.

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