Consumer complaint received 2017-10-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We refinanced our primary residence with Bank of America and closed the refinance loan in XX/XX/XXXX. We were forced to sign an owner-occupancy clause saying we intended to live in the property for the next 12 months ( until XX/XX/XXXX ) as our primary residence, despite our loan officer 's assurance in writing that this was not part of the refinance loan package. Nonetheless, we signed it and committed to living in our primary residence until XX/XX/XXXX.  However, our family 's living situation has changed and we are now requesting formal, written approval from Bank of America to move out early from our home and Bank of America to release us from having to maintain this home as our primary residence until XX/XX/XXXX. Currently, we are continuing to live in our home as our primary residence until we receive written approval from Bank of America to uphold our agreement we signed with Bank of America per the Deed of Trust, which specifically states in paragraph 6 that Bank of America can not " unreasonably withhold '' such permission. 

XX/XX/XXXX - We faxed our explanation letter to Bank of America formally requesting release from the owner-occupancy clause. 

XX/XX/XXXX - We called Bank of America confirming they received our letter. Customer service noted that Bank of America received the letter, it has been submitted to the appropriate department, and a ticket number was created during this call and issued to us. 

XX/XX/XXXX - We called Bank of America again. Customer service stated that a letter had been sent to us saying the ticket number above was marked " Completed, with errors. '' Customer service agent said she would contact the person handling our case. 

XX/XX/XXXX - We received a letter from Bank of America asking us to contact customer service in reference to the ticket number created when we called on XX/XX/XXXXand followed up on XX/XX/XXXX. See " ba response 1.pdf ''. 

XX/XX/XXXX - We called Bank of America again to follow up. First representative hung up on us. Second representative stated an internal request had been sent on XX/XX/XXXX to the " XXXX '' (? ) department, with additional requests on XX/XX/XXXX and XX/XX/XXXX. 

XX/XX/XXXX - We called Bank of America and representative for the first time told us that Bank of America 's written policy is not to give written approvals to early move outs. Representative stated that if we remained current on the loan, Bank of America would allow the early move out, but not in writing. However, we argued that written approval is required, and that if this policy is true about not issuing written approvals, this goes against Bank of America 's own advice to its customer, not to mention the Deed of Trust that requires Bank of America to " not unreasonably withhold '' approval. A second ticket was created and sent to the appropriate department. 

XX/XX/XXXX - We sent our request letter to Bank of America 's RESPA Department by US Mail. 

XX/XX/XXXX - We receive second letter from Bank of America saying that our owner occupancy agreement requires us to live in our home until XX/XX/XXXX unless there are circumstances beyond our control " OR Bank of America, N.A. consents in writing to allow [ us ] to move. '' This is the very request we are  attempting to make! See " ba response 2.pdf ''. 

XX/XX/XXXX - We call customer service again and the representative stated the same speech as before, that Bank of America 's written policy is not to make written approvals. This is contrary to the letter we received on XX/XX/XXXX and contrary to the Deed of Trust. Representative stated that our RESPA letter was under review. 

XX/XX/XXXX - Another call to customer service. Representative said our request had been sent to their Originations department. 

XX/XX/XXXX - We again call customer service and the representative told us that we had been approved to move early, which was great, and that a letter had been mailed to us. However, the representative stated that the letter stated that Bank of America does not give written approval to move. The representative again stated that the notes on our account said we were approved, but that nothing in writing could be provided. We again argued this was unfair. 

XX/XX/XXXX - We received letter # 3 from Bank of America, which was poorly written, acknowledges our most recent mortgage payment, and only states that Bank of America never gives permissions for rental or lease of a property. This is directly contradicting what the representative on XX/XX/XXXX stated, the letter we received on XX/XX/XXXX, and our Deed of Trust with Bank of America. See " ba response 3.pdf ''.
Conclusion : We ask that Bank of America provides us with written, formal approval that we are released from the owner occupancy clause of our Deed of Trust and the owner occupancy certification so we can move out and rent our home to one of the borrowers mother due to her job transfer. Per our Deed of Trust, such approval to move out early must be in writing by Bank of America and can not be unreasonably withheld. ( Paragraph 6 of the attached Deed of Trust. ) We want Bank of America to honor those terms.
Furthermore, we believe the CFPB should be involved in this case because if Bank of America truly does have a written policy not to give written approvals - as stated multiple times verbally by their customer service agents - then it puts borrowers in a very hard position, AND goes against the Deed of Trust that specifically says Bank of America can not " unreasonably withhold '' approval. This catch-22 situation is exactly what the CFPB should be watching out for.

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 non-monetary relief