Consumer complaint received 2016-07-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MS
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
My situation began with B of A in XX/XX/XXXX when I began a loan modification just before I left the country to work in XXXX. Over the next three years B of A kept delaying the process by constantly requesting more and more paperwork, different forms, saying the program had changed so they needed all new paper work. While at their instructions I did not make any payments until they gave me a modification offer. This process drug out for about 3 years until in XX/XX/XXXX when I was given an offer that I considered ludicrous. It was NO modification at all. So at that time opted for a short sale. By XXXX XXXX I had an agent who had a buyer for the short sale. B of A had paid my step son about {$2500.00} " cash for keys '' because he was living in the house while I was overseas. I thought it was a done deal. I learned several months later that B of A had cancelled the sale in XX/XX/XXXX then foreclosed and sold the property at auction in the " dark of night '' without any notification to myself or my agent. I later learned that it was sold to XXXX XXXX for {$110000.00} on XXXX XXXX, XXXX. XXXX XXXX is a partner/cousin of B of A. Sounds like a pretty shady deal to me. I spoke to the foreclosure attorneys who are listed on the court document and they assured me that the foreclosure was completed. The foreclosure was done as a service to " Recon Trust '' another B of A company who I understand has been under investigation. So again I thought the property was gone and since I was working overseas there was nothing I could do about it and just let it go. 
I returned home to the US XX/XX/XXXX and was looking for a new place to live. Upon checking my credit I learned that the loan had not been removed at the time of the foreclosure but remained as a big negative mark on my credit file. I also found my house pictured on a real-estate site with the caption " not for sale ''. Why was it shown on a real-estate site but not for sale? I contacted the agent listed and was told that they were given the listing by B of A but the bank kept refusing all offers for the property. More research I came to find out that a company called XXXX was now handling the loan. Come to find out that in XX/XX/XXXX at the same time B of A was having Recon Trust foreclose on the property they had also transferred servicing of the loan to XXXX as a delinquent loan, NOT a foreclosed loan. XXXX knew NOTHING about the foreclosure. When B of A foreclosed on the property they simply abandon it, " washed their hands of it '' then turned it over the XXXX. There was NO oversite or care to the property, allowing damage and vandalism to occur. When I contacted SPS, I was asked if I wanted to begin a loan modification. They apparently had NO record that B of A had put me through the process 5 years earlier. They were also unaware that I was not living in the house and had been overseas until XX/XX/XXXX. They told me that the property was indeed mine and I could be living in it. So after consulting a couple of law firms and the MS attorney general we moved XX/XX/XXXX, and began again the modification process with SPS. Over the next couple of years I learned what a serious mess this has become. For the first couple years XXXX refused to accept the fact that the property had been foreclosed on and that issue needs to be corrected at the county level. The damage that the bank allowed needs to be repaired as well as my credit that has been ruined by the banks actions needs to be corrected. 
They have me in a position of not being able to not having the ability to live safely and securely in my home and not being able to buy another home. This is the main saga XXXX that I have been subjected to over the past few years. There are more details that I will fill you in on. The primary companies involved are ; Bank of America 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