Consumer complaint received 2017-01-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
As late as XX/XX/XXXX Bank of America has informed me in writing by representing and stating to me, " Further, Bank of America followed MHA and HAMP guidelines in processing your applications and you no longer have any loan principal balance ( you fail to specify how Bank of America has not followed MHA and HAMP guidelines during the several years that you have applied for a modification ). As a result, it is Bank of America 's position that your Complaint lacks a factual or legal basis. '' Bank of America represents that " Based on the foregoing, you received decisions on all of your complete loan modification applications and appeals, as well as following MHA and HAMP guidelines. As a result, it is Bank of America 's position that your Complaint lacks a factual or legal basis. '' I am assuming complaint refers to CFPB complaints. 
Bank of America has never provided an appeal determination based on the XX/XX/XXXX and XX/XX/XXXX MHA HAMP timely appeals to date. Just to be clear, appeal determinations are conducted by Appeal Specialists, not Customer Relationship Managers ( CRMs ) or single point of contacts ( SPOCs ). The only Appeal Depatment Appeal Specialist review and determination conducted and issued for this account on appeal was XX/XX/XXXX for a non MHA HAMP modification that I did not request, but rather it is required all borrowers be evaluated for all modifications as loss mitigation rules state a borrower must be concurrently evaluated for all bank and servicer modification programs on offer upon receipt of a complete application package at the time of initial review. 
Just to be clear, Bank of America has intentionally withheld material information relating to the true status of this account by misrepresenting the results of the appeal review and determination conducted on XX/XX/XXXX. Bank of America purposely refused to conduct and has withheld or delayed the issuance of the Appeals Department written determination on appeal upon receipt of my timely MHA HAMP appeal requests based on the XX/XX/XXXX and XX/XX/XXXX incorrect MHA HAMP denial letters. Understand, I have only submitted one request for mortgage assistance ( RMA ) since XX/XX/XXXX, as confirmed, that has lead to the XX/XX/XXXX complete RMA received that resulted in the XX/XX/XXXX initial review and the subsequent XX/XX/XXXX incorrect MHA HAMP denial for which a timely appeal was requested that prompted the XX/XX/XXXX Appeal Deepatment Appeal Specialist review and issued Appeal Report granting XXXX XXXX and MHA HAMP TPP. However, I have not been provided with a written determination to date issued by an Appeals Department Appeal Specialist as there is no time requirement to inform a borrower of the results of the appeal review conducted by the Appeals Department. As a result, Bank of America has all the time in the world to employ unfair, poor and deceptive practices to separate me from my home and property during loss mitigation processes as the modification process remains incomplete and pending until thirty ( 30 ) days after a written determination on appeal has been issued by an Appeal Specialist of the Appeals Department. 
Bank of America has repeatedly conceded in writing there is no loan principal balance associated with this account. Thus, there can be no account default. 
It is unclear if Bank of America considers the non-judicial foreclosure process pending. Apparently, Bank of America insists on falsely and slanderously claiming a default on his account and the right, as a matter of law, to begin foreclosure processes by representing the non-judicial foreclosure has not concluded on or before XX/XX/XXXX. Bank of America has represented to me the sale of XX/XX/XXXX Deed of Trust occurred on XX/XX/XXXX at Trustee 's Sale at public auction. 
All previously mentioned resolutions are desired and mandatory.

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