Consumer complaint received 2017-03-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
This is an URGENT request for immediate attention. After receiving bad advice from a multitude of lawyers, we are sending this initial complaint without the benefit of being represented by a qualified attorney. It is only in the interest of time that we must at least get this on file with the CFPB now before our home is unlawfully lost. In addition to this list of Honor and Respa violations, many supporting documents are being sent including the source of the first violations under BAC and then XXXX in the form of a time line. You will read that after being advised by XXXX immediately after taking over our loan from BAC to cease making payments in order to get a Loan Mod, they deliberately sabotaged the process and continued to dual track the foreclosure process. In addition to this abbreviated list, XXXX lawyer informed our attorney on XX/XX/XXXX at XXXX in the evening in the form of an email that our home was going to sale on the XXXX at XXXX This gave us essentially one business day to react and save our home of 27 years. They admit that the foreclosure notices were going to another address in a completely different city. No notice was ever posted on the property. XXXX attorney, XXXX knew however that the sale could not take place as their NOTS had expired a month prior. So essentially, at XXXX on Wednesday, we were forced into an emergency Chapter XXXX bankruptcy filed before XXXX Thursday morning, bearing all the costs and far reaching damages. They knew they did n't have the right to sell the home. We found out immediately after filing that it was unnecessary. Again, because of virtually non existent counsel, we found out today that we are out of bankruptcy which again puts our property open to a foreclosure sale. We have no idea how long XXXX has to enact new foreclosure proceedings, but in any case we must move very quickly. 
We now need this neutral third party to make sure that all the malfeasance committed by XXXX and BAC are investigated and eventually brought to justice. We realize this is a complicated matter and we need counsel to proceed, but these undeniable violations will at least give us the time we need to lay out our causes of action against these two giant banks. What has happened to us is unconscionable and we actually ca n't wait to expose the gross ethical breeches, accounting failures, false promissory estoppel, and false representation. 
1. NOTIFICATION WITHIN 5 DAYS OF SUBMISSION OF A MODIFICATION PACKAGE Regulation X Section 1024.4 provides that if a Servicer receives a loss mitigation application 45 days or more before a foreclosure sale the Servicer shall : ( A ) Promptly upon receipt of a loss mitigation application, review the loss mitigation application to determine if the loss mitigation application is complete and ( B ) NOTIFY THE BORROWER IN WRITING WITHIN 5 DAYS after receiving the loss mitigation application that the Servicer acknowledges receipt of the loss mitigation application and that the Servicer has determined that the loss mit package is complete or incomplete. If the loss loss mis application is in incomplete, the notice must state the additional documents and information that the Borrower must submit to make the loss mit application complete by a ( reasonable ) certain date. WE NEVER RECEIVED ANY SUCH NOTICE. WE WERE NOT AWARE THAT OUR PACKAGE WAS CONSIDERED INCOMPLETE. I XXXX HAD DIRECT CONTACT WITH XXXX COUNSEL AND FORWARDED 2 DOCUMENTS WHICH WERE NEVER PROVIDED IN THE ORIGINAL PACKET. THEY WERE SIGNED AND NOT ONLY RETURNED TO THEIR ATTORNEY 'S OFFICE BUT ALSO TO OUR SPOC 2 ADDITIONAL TIMES AND EACH TIME WITHIN 24 HOURS OF RECEIPT. 

THIS IS RESPA AND HOBOR VIOLATION 1. THE REST OF THE ABBREVIATED LIST WILL BE INCLUDED IN THE SUPPORTING DOCUMENTS. The behavior of these banks is beyond crimes for which demand severe punishment.

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