Consumer complaint received 2019-10-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OR
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
First, I responded I have not missed a mortgage payment. Bank of America will disagree. The following explains this issue and my problem with Bank of America. 

Because of a prior timely payment problem in XX/XX/XXXX where I mailed my check payment using the Bank of America ( BofA ) payment coupon ( BofA mortgage loan # XXXX ) containing a Bank of America pre-printed addressee address, BofA recorded a late payment where BofA received my registered letter before the drop-dead deadline to be considered a late payment at the pre-printed addressee zip code and then BofA proceeded to subsequently forward my registered letter to 2 or 3 forwarding zip codes all within XXXX, Texas. This forwarding mail to different zip code process caused my payment to ultimately be receipted to my account AFTER the payment deadline and, therefore, to be considered a late payment. This fact and BofA sharp practice is important and relevant to my current issues with BofA. 

Fast forward to XX/XX/XXXX where I faced the deadline and knew I had insufficient time to mail a payment, even if over night, given BofA 's sharp, zip code, forwarding practice. Therefore, I contacted BofA to arrange an electronic transfer using the bank routing and account numbers ( # XXXX and XXXX, respectively ) on my printed XXXX XXXX checks. XXXX XXXX was bought by XXXX XXXX sometime before, but I continued to use up my checks. those checks have never been dishonored. BofA took my information and gave me a payment confirmation number ( # XXXX ) on XX/XX/XXXX. My account was current and on time. I was assured that this payment would be credited on this last date to avoid a late fee, though it would be process the next banking day. 

All payments since XX/XX/XXXX have been on time, by checks using the same bank routing and account numbers as given for the XXXX electronic transfer payment. A check written and sent to pay XX/XX/XXXX mortgage payment was cashed, again using the same bank routing and account numbers as given for the XXXX electronic transfer payment, and again was on time. 

On or about XX/XX/XXXX, I received two notices from Bank of America dated XX/XX/XXXX, regarding the electronic payment. One stated " Your check or electronic payment, dated or drafted on XX/XX/XXXX for {$760.00}, was returned to us by your financial institution because No A/C - Unable to Locate. '' This did not make sense to me. I checked my records. On I had a confirmation number from BofA. I believed there was a BofA computer mistake. XX/XX/XXXX, I made my XX/XX/XXXX mortgage payment using the BofA payment coupon and by a check using the bank routing and account numbers on my printed checks and noting on the check 's memo line " XXXX XXXX Mortgage ''. The second notice my name and " if you haven't already, please make your home loan payment. '' The notice also stated " ( If you've already made your payment, there's nothing you need to do -- you can ignore this reminder. ) '' Since I had made that payment, I ignored this notice. 

On XX/XX/XXXX, I received two notices from Bank of America, one dated XX/XX/XXXX, regarding my monthly " Home Loan Account '' and payment coupon for my XXXX mortgage payment obligation, and the second dated XX/XX/XXXX, stating " You have unapplied funds on your account. '' I knew I had made my payment for XXXX ; so, I believed the payment and letters had crossed in the mail. So, again, I did not perceive a problem. 

On XX/XX/XXXX, I received a BofA letter dated XX/XX/XXXX, " if you haven't already, please make your loan payment '' and " The payment that's currently due is {$710.00}, which includes your monthly payment as well as late charges of {$70.00} and other applicable fees. '' On XX/XX/XXXX, I promptly called BofA customer service ( # XXXX ). I spoke with XXXX XXXX and learned the following : 1. BofA had recorded my {$760.00} electronic transfer payment ( {$700.00} for monthly principal an interest plus an extra {$60.00} for principal ) on XX/XX/XXXX. 
2. BofA had received my check for my XX/XX/XXXX mortgage payment on XX/XX/XXXX. BofA had applied that {$760.00} to my XXXX mortgage and a late fee ( {$35.00} ) assessed by BofA! When I asked 'why ', XXXX reported the electronic payment was rejected or returned on XX/XX/XXXX. I didn't understand. I had a confirmation number for the electronic payment!!! BofA applied my on-time XX/XX/XXXX mortgage payment and extra principal to the " late '' XXXX mortgage debt without prior notice to, or consent from, me AND contrary to my written instructions to apply the extra {$60.00} to mortgage principal. 
3. At my request, XXXX confirmed the bank routing numbers and bank account numbers matched for the XXXX electronic transfer authorization I gave and as printed on the check. [ Note : I set up this specific bank account originally to pay this specific mortgage. ] 4. As a result of BofA 's unilateral action in # 3 above, my XX/XX/XXXX mortgage payment was outstanding when I called BofA on XX/XX/XXXX. Because my XXXX payment was not credited to XXXX 's mortgage debt, I was assessed a second late fee ( another {$35.00} )! 

On XX/XX/XXXX, and during my 40-minute discussion with XXXX XXXX, we discussed reasons for the facts presented above. I emphasized I had fulfilled my mortgage obligation by paying on time. I was, and still am, the victim. I heard and understood XXXX 's explanation of BofA 's actions. XXXX was patient and professional, but could only offer to waive one of the late fees because I was such a good customer making my payments on-time. I accepted the gesture and said I would take up the second ( or rather first ) late fee with my checking account bank which I did. I promised a return telephone call to catch up the " missing '' payment by another electronic transfer authorization after I cleared up the bank routing and account numbers issue. 

On XX/XX/XXXX, I called BofA back and spoke with XXXX XXXX for 20 minutes to make my " missing '' payment ( plus my regular extra {$60.00} principal payment, total {$460.00} ) as promised and because BofA said they could not give the late fee waiver without the account being paid current. I gave different bank routing and account numbers for XXXX XXXX ( # XXXX and XXXX, respectively ). [ I am having new checks printed to avoid this problem in future. ] I was still out one of two late fees. Everything was fine, but little did I know ... 

On XX/XX/XXXX, after regular business hours, I received a telephone call from XXXX from BofA. I was still at work and took the call. She stated the requested late fee waiver had been DENIED!!! She proceeded to explain the denial was because of a prior waiver less than 18 months prior in XX/XX/XXXX where late fee waiver was requested ( see beginning paragraph herein ). I was shocked and upset! Bank of America had for a second time gone back on their word! The first was a confirmation number proving my XX/XX/XXXX electronic payment and the second by taking back their granting of a waiver for one of two late fees for their XXXX and XX/XX/XXXX actions. In addition, XX/XX/XXXX is 19-months after XX/XX/XXXX! Another example of saying one thing, and doing another. 

Bank of America 's actions in my case are, to say the least, sharp practices and possibly deceptive, more like a street-side, shell game. I feel their confirmation of payments, their approval of a fee waiver, and then their changing their minds once they have my money is slimey and wrong. 

I am out two late fees totaling {$70.00} and now over four hours of my time over three days. 

Bank of America stinks!

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 monetary relief