Consumer complaint received 2016-09-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
While my request required escalation after having been long dragged out in my many countless attempts to assume and/or resume loan after death of original borrower ( my mother ). The latest decision I was made aware of for assumption of my now deceased mothers ' loan was provided via email citing " HOEPA fail could not be remediated '', while indicating my request wouldnthen be FORWARDED to Modification Dept for review. In letter from Bank Of America dated XXXX/XXXX/XXXX, I was given notice that my request for modification is denied ( yet again ) and stated reason for denial was because I was not the original borrower of loan and loan is not assumable. Furthermore a call from XXXX XXXX last week called to ask what my intentions were in lieu of decision and inquired of me about making short sale or other. XXXX XXXX inquiry went against letter dated XXXX XXXX, XXXX notifying me I have no loss mitigation options because I am not the original borrower & loan was not assumable. I could only then appeal if I had proof of error regarding Bank Of America decision to deny my request for modification and/or loss mitigation. Well I am unsure how or what proof can substanciate policies already set forth for servicer to follow. As a successor, I am allowed SIMULTANEOUS modification and assumption, as requested. As far as HOEPA fail decision, I believe that is how simultaneous process to assume and modify will then benefit me as the recognized successor in interest. It seems redundant to me to fail HOEPA rules for the high interest rate on loan when originated by my mother and not be able to then modify loan with current, acceptable standards. Why am I not allowed to protect the equity that has been earned and is far greater in value than the total remaining debt that is owed for my mothers original loan on home which I have resided in since XXXX and am willingly and ready to assume and/or resume loan? Instead I have been provided very little guidance, little to none of the servicer rules, policies & guidelines set forth by RESPA, CFPB and/or CALIFORNIA XXXX. I have submitted previous complaint requesting foreclosure sale be cancelled and the foreclosure process itself be withdrawn because of blatant falsified declaration of Due Dilligence by BofA representative ( to communicate account in default and advise of all options for avoiding foreclosure, as required in CA as part of CA Homeowners Protection Act before the foreclosure process can begin ). My previous complaint was noting the very first violation or wrongful action by servicer after my moms death back in XXXX XXXX while this latest XXXX/XXXX/XXXX decision described in this complaint for which I believe is another wrongful BofA decision and/or servicer action & demonstrates the length of time inbetween complaints for my attempts to acquire what should have been simple to acheive, instead of thid emotionally taxing situation causing me stress and anxiety. The XXXX XXXX, XXXX letter from BofA shows example of the outcome for the denials of my many requests made to BofA to resume and/or assume loan & shows a complete disregard by BofA for following any of the guidelines and/or policies designed/created for protection of homeowner allowing receive compensatory fines.

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