Consumer complaint received 2017-01-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
Our firm, XXXX has been monitoring our client 's request for mortgage assistance to Bank of America to ensure its compliance with Regulation X. For the past few months, our client has been trying to get her application reviewed by Bank of America however, Bank of America has failed to act diligently and now our client faces a serious concern of losing her home. The borrower submitted a Loss Mitigation Application to Bank of America on XX/XX/2016 via facsimile transmission. We emailed an exact copy to Bank of America 's counsel at XXXX ( " XXXX '' ) on XX/XX/XXXX after discovering XXXX specifically requested the borrower direct any and all loss mitigation communication to their office only and not to send anything directly to the bank. An attorney at XXXX confirmed with our firm the borrower 's Application was submitted to Bank of America for review. Subsequently, XXXX requested additional documents from the borrower needed to complete the review of her Application. All of the requested documents listed in XXXX letter were submitted to XXXX by the stated deadline via e-mail and certified mail on XX/XX/2016. Pursuant to a letter from XX/XX/XXXX dated XX/XX/2016, there was no foreclosure sale scheduled as of the letter date according to Bank of America. 

We confirmed with XXXX that all documents were received and being reviewed, which they did send email confirmation on XX/XX/2016. Moreover, we received a letter from Bank of America dated XX/XX/2016 that stated, " Bank of America 's records indicate that the required loan modification documents were received and are in the process of review. '' Subsequently, on or around XX/XX/2016, Bank of America sent our firm correspondence that included a letter dated XX/XX/XXXX that was sent to our client 's previous counsel and not our office. Even though the letter was sent just two days after Bank of America confirmed receiving all of the required documents and that the file was being reviewed, Bank of America alleged in its XX/XX/XXXX letter that it did not receive the requested documents and it was closing out its review. Bank of America never sent our firm or our clients any supplemental request for documents at any point after we submitted the originally requested documents. 
Furthermore, we have been trying desperately to get into contact with Bank of America for the past 3 weeks to sort out their misleading communication to our client. Unfortunately, every time we tried to call, we were greeted with an automated message about technical difficulties and then the call was disconnected. We were only able to reach a live person finally on XX/XX/XXXX by using a different client 's loan number and then asking the representative to then pull up this particular loan. Upon doing so, the representative stated there were additional items that were needed for the review to be completed. Not one of those items was previously requested. Nor did Bank of America ever send a subsequent request to the borrower so that she could produce said items. And now, our client 's home is set for sale tomorrow morning even though we specifically informed the Bank of America representative of the above issues. We are in the process of collecting the newly requested documents and expect to have them all faxed to Bank of America before the end of the day.

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 non-monetary relief