Consumer complaint received 2018-07-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Consumer Financial Protection Bureau : I am a Super Storm Sandy survivor. My primary home is located in XXXX, New Jersey and was substantially damaged. Bank of America proceeded with a wrongful foreclosure on my home. 

Heres a summary of the facts : I am currently renting in XXXX, NJ. 
XX/XX/XXXX - I applied for Mortgage Forbearance certification from the State of New Jersey. 
XX/XX/XXXX denied certification due not having my complete FEMA file ; Please note my attorneys and myself request my complete file history from FEMA multiple times since XXXX as I needed it for other related issues. FEMA delayed and finally sent my file in late XX/XX/XXXX. 
XX/XX/XXXX attorney appeal submitted for Mortgage Forbearance certification XX/XX/XXXX, Bank of America, who is my XXXX XXXX   mortgage servicer, proceeded with foreclosure XX/XX/XXXX - I finally received State Forbearance Certification after an appeal due to extensive FEMA delays XX/XX/XXXX - the NJ Department of Consumer Affairs forwards my mortgage certification to Bank of America representative ( XXXX XXXX ) ( see attachment ) ; shortly afterwards, my attorney submits the Mortgage Forbearance certification to the foreclosure attorneys representing Bank of America ( XXXX XXXX XXXX XXXX XXXX XXXX. ) Bank of America + attorneys continued to ignore my State certification they did not even acknowledge receipt Note : Bank of America failed to work with me before foreclosing on my property as any loan notices for assistance were sent to the damaged property instead of my mailing address. In BOAs reply to my prior CFPB complaint, the Bank only provided documents showing the property address ; there is no proof these documents were even mailed. These failed attempts contributed to my loss XX/XX/XXXX, a Motion for Stay of Foreclosure was denied XX/XX/XXXX, final judgement was issued against me XX/XX/XXXX, Subsequently, Bank of America issued a letter indicating " approved for mortgage forbearance '' for the period XX/XX/XXXX through XX/XX/XXXX. BOA never acknowledged the forbearance issued by State of New Jersey which would have been more beneficial to me since it would have been for a longer time period, ending XX/XX/XXXX. 
Bank of America delayed approx. 5 months before indicating that I was placed in their own forbearance plan. It appears their special forbearance plan was based on XXXX XXXX new guidelines issued for Hurricane Survivors. 
XX/XX/XXXX, As Bank of America continued with foreclosure, they proceeded with a sheriff sale ; it appears this was rescheduled for XX/XX/XXXX, probably due to my complaints filed with the NJ DOBI and the CFPB as noted below. 
Note : Since XX/XX/XXXX, Bank of America held approx. $ 40K of  insurance proceeds in escrow from my insurance claim which took 4 years to settle in court. They denied any payment to me/builder even though XXXX XXXX guidelines stated in an effort to continue helping Super Storm survivors, 25 % can be paid out to a borrower/contractor ; this should have been paid out even before any foreclosure issues began. Requests have been submitted but ignored. 
XX/XX/XXXX - I filed complaints with the Consumer Financial Protection Bureau and the New Jersey Department of Banking and Insurance. The DOBI complaint was forwarded to the Office of the Comptroller of the Currency but I have yet to receive a response. The CFPB complaint ( # XXXX ) was quickly responded within 2 days by Bank of America but their reply was an inaccurate picture of what their representatives stated to me via several phone calls as noted below.

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