Consumer complaint received 2015-10-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America, N.A., et al, ( BOA - master servicer ) illegally denied my HAMP Tier 2 loan modification for over 6 months and fostered negative credit reporting & adverse credit actions against me. When BOA 's inappropriate denials were appealed/escalated to Making Home Affordable ( MHA ) Help/Money Management International for resolution, BOA delayed resolution of the escalated case, filed false statements and transferred the account to XXXX to avoid further review. BOA 's failure to a ) forestall the submission of negative credit information given my pending qualified written requests for a HAMP Tier 2 loan modification ( XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX ), b ) timely review/approve my eligible HAMP Tier 2 trial period plan/loan modification and c ) accurately report the account as CN, resulted in these negative credit actions : 1 ) BOA reporting 180 days late, 2 ) XXXX ( subservicer ) reporting 180 days late, 3 ) XXXX ( subservicer ) reporting 180 days late, 4 ) denial of credit, 5 ) reduction in available credit and 6 ) cancellation of credit. BOA 's negative credit reporting activities were in direct violation of the Federal Credit Reporting Act Section XXXX, the Bank of America Consent Judgment per the National Mortgage Settlement and the Making Home Affordable ( MHA ) Handbook Versions XXXX, XXXX and XXXX. 
BOA also violated 12 CFR Chapter X Part 1024.38 - Real Estate Settlement Procedures Act ( RESPA - Regulation X ) namely the failure to maintain accurate records/falsification of records. Specifically, BOA advised MHA Help that it was unable to receive all the documentation necessary to assess my eligibility for the HAMP which was a blatant misrepresentation of the facts. All required documents, in accordance with the MHA Handbook HAMP guidelines, were timely provided, on several occasions, via faxes to the BOA Home Loan Team from the BOA, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, CA XXXX. The faxes are documented and the Branch staff can testify to their submission. Also, my relationship manager, XXXX XXXX XXXX, can verify the file was complete. BOA 's action to close/transfer the account did not comply with the MHA Handbook Version XXXX, XXXX XXXX Paragraph XXXX, page XXXX, requiring participating servicers to provide an Incomplete Information Notice and allow a maximum of forty-five ( 45 ) days before a Non-Approval Notice can be issued. I never received an Incomplete Information Notice nor had an initial thirty ( 30 ) day period pasted before the loss mitigation applications were denied and the account transferred. I also never received a written notice of BOA 's final determination on the case but was informed by MHA Help on XX/XX/XXXX of BOA 's denial and encouraged to resubmit my loss mitigation application to XXXX, the new subservicer, due to transfer of the account on XX/XX/XXXX. 
Subsequently, based on MHA Help 's determination that both BOA and XXXX ( formerly XXXX ) had erred in the processing/analysis of my loss mitigation applications, my HAMP Tier 2 Trial Period Plan was approved by XXXX on XX/XX/XXXX, utilizing the same information previously submitted to BOA, and a Home Affordable Modification Agreement was executed effective XX/XX/XXXX. The account has been/is current and in good standing. However, 26 months later BOA 's negative credit reporting remains on my credit report although similar items reported by XXXX/XXXX were removed. BOA 's negative credit reporting must also be removed pursuant to the MHA Handbook, Chapter XXXX : HAMP XXXX Incorrect Denial of TPP, citing servicers must put the borrower in the same position as he or she would have been in if the servicer had offered the borrower the TPP in accordance with MHA guidelines.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation