Consumer complaint received 2017-02-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Starts with a trial loan modification on XXXX/XXXX/XXXX and the handling of mortgage and escrow payments made monthly that were not deposited into the escrow account for 4 months during the trial loan modification period in violation of the trial loan modification. 

The disbursement of permanent loan modification funds to cover the shortfall of escrow that was short by ( {$38000.00} - {$35000.00} ) {$2500.00} The purchase and subsequent cancellation of a forced place hazard policy while coverage was already in place which resulted in a loss to escrow of {$520.00}. 

Overstating the monthly escrow payment by {$170.00} for a 5 month period by including the cost of hazard insurance purchased by the homeowner of {$2100.00} out of pocket and failing to deduct the amount already paid. In essence forcing the homeowner to pay a XXXX time to escrow for the same policy by XXXX service provider. 

Overstating the monthly escrow payment by {$1000.00} ( {$170.00} for 6 months ) by including the cost of hazard insurance purchased by the homeowner of {$2100.00} out of pocket and failing to deduct the amount already paid. In essence forcing the homeowner to pay a 2nd time to escrow for the same policy by the XXXX service provider. 

Based on the actions of the XXXX service provider as outlined above which transferred a - {$350.00} escrow balance to the XXXX service provider when the balance should have been {$5300.00} The XXXX service provider believing the handling and accounting by the XXXX service provider was accurate at - {$350.00}, added an additional {$3100.00} to escrow to cover the deficiency in the escrow balance making the escrow account further in the negative and again increase the monthly cost of escrow payments. 

{$2000.00} paid to the XXXX service provider in XXXX XXXX was held in " suspense '' and not included in the accounting of my mortgage, escrow, and interest calculations as reported on federal tax forms for interest paid during XXXX. 

For just the items noted above, this amounts to {$12000.00} ( represents & gt ; XXXX mostly mortgage and escrow payments ) that I was stolen and misappropriated from me to meet the obligations of this home loan. 

As such, XXXX has filed a foreclosure suite which I am challenging in a countersuit citing numerous violations under XXXX, and violations of Florida XXXX XXXX False reports, etc., by officers of banks, trust companies, etc., with intent to defraud. And Florida Statutes XXXX Grand Theft which " deprived counterplaintiff XXXX XXXX ) of the funds designated for escrow for their intended purpose. 

I have file records request with the court on XXXX, XXXX ; XXXX, XXXX ; and XXXX, XXXX to review all records pertaining to my account with no records being produced by XXXX or either of the XXXX service providers. The XXXX, XXXX request did come back with a statement that all records were privileged, and that my record request was nothing more that a fishing exercise. 

My rebuttal is that there are the records of how the funds were spent on my behalf through my mortgage and escrow payments, and how funds were disbursed from the permanent loan modification paid on my behalf through the making home affordable program. 

Thank You, XXXX XXXX XXXX XXXX XXXX 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