Consumer complaint received 2016-02-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: HI
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
In XX/XX/XXXX when we were in the Worst Resession since the Great Depression, we held our own until XX/XX/XXXX when Bank of America solicited " mortgage modifications ''. We applied in XX/XX/XXXX, we were told not to make our payment for at least 3 months to show " hardship '' after 4 months we received a letter of foreclosure! That was now XX/XX/XXXX. Bank of America did not take over for countrywide until XX/XX/XXXX ( according to our records ) Bank of America did not file the " foreclosure '' with the court until XX/XX/XXXX-XX/XX/XXXX. We tried to make payments and they were returned. We did all the paper work for the modification again and again. Always undated. We did the mediation. The bank missed deadline for submitting papers so instead of the judge making the bank sit down and work with us he took it out of mediation. Our mediator was terrible! We never even met with them! We received our first " denial " in XX/XX/XXXX and the bank then changed attorneys from someone local to an attorney in XXXX XXXX. We were told our lender is not authorizing modifications. If this was not a possibility, why did it take 5 years to tell us? They now want over {$200000.00} to reinstate our mortgage. From XX/XX/XXXX-XX/XX/XXXX no one would even talk to me because they ( the bank ) said I had a " subprime '' mortgage and only XXXX person could help us and he was not available for a year! He finally called me in XXXX XXXX then proceeded to tell me he had not worked there that long. I had a letter from him from XXXX XXXX. I found out a subprime mortgage is one that was one anyone could get without qualifying. Ours was a 30 yr. conventional mortgage from our credit union! We had to qualify and did not refinance when our house would have appraised at close to XXXX dollars. We paid our mortgage always. We have owned our own home since we were married XX/XX/XXXX. Never missed a payment on any of the homes we built and raised our children in. We even paid extra on this home payment so we could pay it off early. We have recovered from the Resession. We are both working. My husband worked for almost 30 years with XXXX when they closed overnight. We had a business and instead of filing bankruptcy we paid all our debt. We want to stay in our home. It is a catch 22. No one will refinance us because we are to far behind in our payments. We are so far behind because the bank would not accept our payments. When I called our worker in XXXX XXXX (, I called every 2-4 weeks for the last 5 years. ) I was offered the option of making a payment. I was caught off guard and so happy, I did the payment and immediately called back to talk with our worker to find out why now all of a sudden. She said it looked like it was no longer in foreclosure! I asked if anyone was ever going to tell us. It was taken out of foreclosure in XXXX XXXX. They let us make a payment in XXXX XXXX and then would not let us make any more payments. When I asked what that payment went to and they said XXXX XXXX. They have sent us another notice of foreclosure. This is a nightmare. We no longer need or want a modification, although it would be nice with all we have gone through. We want our loan reinstated. We have continued to maintain our home. We love our home we built this with the intent of living the rest of our lives here. Our home is the gathering place for all family events. XXXX houses on our street are now vacation rentals! When we built it there were only XXXX homes total. There is no where for locals to live anymore. We have done everything the bank asked. They deceived us by not notifying us in a timely manner that they our lender/investors were not and would not do modifications.I think no one knew what they were doing, in the last 5 years we have had over XXXX customer service rep. We have been told XXXX is involved? We have XXXX, conventional mortgage. Please HELP us.

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