Consumer complaint received 2016-11-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I built my home in XXXX and had a Countrywide Home Loan. My husband died XXXX XXXX. I had to file chapter XXXX on his medical bills. My attorney sent to Countrywide that my loan was excluded from the bankruptcy and debt reaffirmed. Between the time my bankruptcy was discharged, which was XXXX Bank of America purchased my loan from Countrywide who did not pass along my file or reaffirmation on my mortgage. A few months after my bankruptcy discharge, I received notice from Bank of America that my home loan was discharged and I was going to be evicted. I had never missed a loan payment and always paid on time. 

Shocked and phoned my attorney and then BofA. My attorney forward the reaffirmation to BofA who stated it was too late. I was then advised by Bank of America that due to my circumstances I apply for a modification loan, which when signed would reassign my debt. The beginning of the BofA lies. 

In order to qualify they instructed me to stop paying my mortgage, as I was current on my loan. So stopped payment as instructed filled out the loan modification paperwork. After two years of lost files, eviction threats, repeated loan modification applications, thousands of repeated documents sent over and over again, XXXX different representatives, crying at Bank of America modification offices from frustration, endless letters to the president/ceo of bank of america, only to get generic letters back, trying to make my mortgage payment without acceptance. 

I had lost my husband and then spent 2 years fighting not to lose my home which I should never have had to do. I then tried to stop the modification but they would allow me to pay my mortgage stating I was in default and my loan was discharged. I would n't have been in default if they would n't have made stop paying my mortgage, claiming I did n't qualify for the modification since my loan was current. 

It was the most stressful 2 years on this BofA merry go round. I put $ XXXX down on my home. I had a great job and could afford my payments. I did n't want to lose my home, I had just lost my husband. I finally saw on the news that BofA was in trouble and they were send representatives to meet in person for those that had modification applications. I phoned the # and was able to get an appointment letter. I slept on the floor of the convention center in XXXX XXXX to meet with a BofA rep. I was finally given a loan modification on XXXX/XXXX/2012 at the convention center. What I was offered I did n't understand, my loan balance was {$370000.00}, they charged me the {$370000.00} plus {$60000.00} for fees making my loan modification balance {$430000.00}. I was given no adjustment no discounts as originally promised. I signed the documents, not knowing what to do. I was a widow and I did n't want to lose my home and was exhausted from fighting to get out of the application process. 

I received a letter from BofA stating that my loan modification was recorded and they would be reporting to the XXXX credit bureaus and it again would appear on my credit as a current loan, as it had appeared on my credit as a " discharged '' debt. 

Well guess what that never happened. My credit still shows the debt as discharged in my bankruptcy, the modification did not reconfirm my debt. Again never missed a payment, a letter from BofA stating that would happen and years of asking for them to honor their word. Nothing. 
I hired another attorney, in speaking to BofA they told my attorney that they would have to re-open my bankruptcy that was discharged XXXX. The attorney, XXXX XXXX tried but the judge would not re-open my bankruptcy to reinstate my debt. So I have paid for years on a mortgage that is discharged, yet I have a loan that I am paying on. 

2nd issue, I had a second on my original home loan with Countrywide that was also discharged in my bankruptcy. I continue to get threatening letters from 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