Consumer complaint received 2016-01-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MI
Product: Debt collection
Sub-product: Mortgage
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
We are filing a dispute regarding the failure for Bank of America ( BAC ) to complete a modification review under Home Affordable Modification Program ( HAMP ). 
Our loan was originated in XXXX with XXXX Mortgage Company, which in deed makes our family eligible for the review of HAMP programs and all of the programs original intent and initiatives for benefit of homeowner such as myself. It is unlawful on multiple levels for our loan to be discriminated and excluded from review of such programs based on XXXX XXXX XXXX ( XXXX ) being named as investor/owner for our mortgage loan. Although we are thankful for consideration and approval of a modification program, we are dishearten by the fact that BAC, and XXXX are purposely overlooking our family for a much more beneficial program than what has been offered on XXXX XXXX, XXXX. 
The reasons given for our multiple denials of HAMP not only are ambiguous, but also evasive and without detail or relevant cause and appear to be a ploy to avoid offering our family a deeper savings at 31 % of our gross income. My theory, is that both BAC and OLS presumed the HAMP program to be dissolved at the end of XXXX, and the denials were a preemptive decision made prior to the FHFA 's announcement made that HAMP was being extended until the end of XXXX. 

Both BAC and XXXX, are major participants of the HAMP program and it is completely out of character of industry standards since XXXX and in the wake of both financial institutes losing federal lawsuits for thousands of acts of deception, abuse and fraud of homeowners nationwide. In fact there are still thousands of pending and unresolved lawsuits against of XXXX. The lawsuits allege, among other things, that XXXX XXXX XXXX ( " XXXX '' ) and XXXX XXXX XXXX ( " XXXX '' ) engaged in a deceptive scheme to delay or deny permanent mortgage loan modifications through the federal Home Affordable Modification Program ( " HAMP '' ) to desperate homeowners, systematically breaching their contractual obligations to homeowners, committing deceptive trade practices, and causing significant financial harm. 

Our loan was approved of what 's called a Bank of America loan modification, on XXXX XXXX, XXXX for a payment in the amount of {$1200.00}. Based on my gross qualifying monthly income of {$3500.00}, the payment equates to a front end debt to income ( DTI ) ratio of 36 % to 40 %. However, had our loan been reviewed accordingly for the HAMP program, our payments would be based upon 31 % DTI, equating to a much more affordable amount of {$1000.00}. 

We are seeking for our loan to be reconsidered for the HAMP program. We are seeking a more thorough and detailed explanation as to why we are being overlooked for a program that we rightfully should be considered and qualified to receive. This complaint will be forwarded to the our state attorney general as well as Michigan Department of Financial Institution for their review of my grievances.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief