Consumer complaint received 2016-09-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America mishandled my second request for mortgage assistance ( RMA ) of XXXX XXXX in violation of existing Making Homes Affordable ( MHA ) Home Affordable Modification Program ( HAMP ) guidelines and timelines, Real Estate Settlement and Procedures Act ( RESPA ) enforced by Regulations X and Z, a group of laws commonly referred to as the California Homeowners Bill of Rights ( HBOR ), and other rules and doctrines that govern banks, servicers, and their representatives throughout workout processes including modification and loss mitigation, in the ordinary course of business including, but not limited to, the preforeclosure and foreclosure processes.. All Bank of America statements and representations listed below alre false and known to be false when made known to the borrower throughout the modification process beginning in XXXX XXXX on receipt confirmation of a complete RMA from me by Bank of America . 
XXXX XXXX, Bank of America representatives claimed and continue to claim I 'm ineligible for MHA HAMP, other MHA programs, Hardest Hit Fund Programs ( HHFP ), and other modification assistance designed to keep the borrower in their home. 
XXXX XXXX, Bank of America claimed and continue to claim I 'd received multiple MHA HAMPs on this home loan mortgage account thereby making me ineligible for HAMP. 
XXXX XXXX, Bank of America claimed and continue to claim I 'd been denied MHA HAMP and a MHA HAMP TPP on appeal and other related escalated cases. 
XXXX XXXX, Bank of America claimed and continue to claim I accepted the XXXX XXXX settlement offer amending the XXXX MHA HAMP and represented this settlement offer as a separate and new MHA HAMP modification based on a new and separate borrower submitted RMA application package. 
XXXX XXXX, Bank of America stopped modification assistance consideration and began the borrower property separation loss mitigation process, meaning borrower is no longer considered for modification assistance designed to keep the borrower in the home. 
XXXX XXXX, Bank of America began first level preforeclosure processes including, but not limited to, tagging and coding home loan mortgage account indicating borrower is not eligible for modification assistance and considered only for loss mitigation assistance designed to separate borrower from the home, such as a deed-in-lieu of foreclosure or short sale. 
XXXX XXXX, Bank of America began second level preforeclosure processes including, but not limited to sending representatives out to my home, unsolicited mailings, single point of contact and other representative comments, omissions, and statements designed to promote a deed-in-lieu of foreclosure or short sale. 
XXXX XXXX, Bank of America had full knowledge of the errors made related to the incorrect MHA HAMP decnials and other false representations that began a year before as made known and apparent by the Bank of America Appeals Department. 
XXXX XXXX, Bank of America began third level preforeclosure process without any loss mitigation assistance. 
XXXX XXXX, Bank of America removed the Cease and Desist tag and coding from the home loan mortgage account clearing the way for foreclosure. 
XXXX XXXX, Bank of America contradicts their representations and claims of HHFP ineligible in their efforts to foreclose with workout assistance, specifically, the HHFP Transition Assistance Program. 
XXXX XXXX, Bank of America claimed and continue to claim I 'd rejected a modification offered in XXXX XXXX based on a borrower submitted RMA application package. 
XXXX XXXX, Bank of America began fourth level preforeclosure process. 
XXXX XXXX, Bank of America began fifth level preforeclosure process. 
This is where we 're at and how Bank of America brought me, my home, and my home loan mortgage account to this point and predicament. None of the foregoing is true and correct on Bank of America 's part.

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