Consumer complaint received 2016-09-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I am a victim of mortgage fraud perpetrated by XXXX XXXX XXXX, Bank of America and their law firm XXXX, XXXX and XXXX XXXX and due to their actions I am in danger of losing my property to foreclosure. I have irrefutable proof of their fraud and misconduct. My current servicer XXXX is stating that they ca n't offer any type of retention options, because the investor who owns this loan ( B of A ) does not contractually allow them to modify. But the loan I have is an FHA purchase loan? I have paperwork from the Lender 's law firm that states my loan is an FHA loan and that if I do not cure my default that the property will revert back to XXXX. At the same time, the current servicer XXXX is stating that my loan is " no longer an FHA loan '' because B of A found it to be uninsurable so they had to buy it?? This was revealed after I filed a complaint with the CFPB and XXXX claimed that the loan they were servicing was no longer an FHA loan and that the former servicer, B of A, was now the investor. Then when they sued me for foreclosure the law firm stated in the documents that this loan WAS an FHA loan and sent me occupied conveyance paperwork and indicated that if the situation was not resolved the property would revert back to XXXX. ( paperwork included ) I purchased this property with an FHA loan in XXXX and the mortgage was paid on time for 11 years. In XXXX I began experiencing major medical issues and was in and out of the hospital for several months and ended up becoming 100 % XXXX. During this time my wife was supposed to be taking care of all of the bills. After I got out of the hospital my wife and I were experiencing major marital issues and she moved out and that is when I discovered that she had not made the payment for several months. I immediately reached out to B of A and tried to begin resolving this issue but did not make any progress. The loan was then transferred to XXXX XXXX XXXX and I tried to apply for assistance with my mortgage. I got the runaround and was not able to make any progress until ( as mentioned above ) I filed a complaint with the CFPB. XXXX replied to my complaint in a letter to the CFPB ( Case # XXXX ) about how my loan was no longer an FHA and that the investor B of A wo n't let them offer me any retention options. 

I do n't know what is going on here. My delinquency and this entire situation could easily be resolved if XXXX would offer a reasonable solution. The legal documents their law firm prepared say this is an FHA loan. XXXX XXXX XXXX is required to work with me to evaluate and consider options such as modification, partial claim or forbearance agreement. If Bank of America believes they somehow " bought '' this loan from FHA, where is the paperwork, the servicing agreement, the explanation as to " why '' this loan is uninsurable and the notification to the borrower? They are required to notify the borrower if the loan was sold or transferred. And if the loan was somehow " purchased '' by Bank of America and is no longer an " FHA loan '' then why is the law firm sending out fraudulent paperwork listing an FHA Case number and stating that this property would revert back to XXXX in the event of foreclosure and providing Occupied Conveyance paperwork.

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