Consumer complaint received 2016-10-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
As admitted through the assessed property fees and costs, Bank of America has been dual tracking this home loan mortgage account since XXXX XXXX. Among these assessed fees related to the foreclosure process are property taxes, insurances, Inspections, and property preservation services that were not preformed and unwarranted. In addition to the assessed fees just mentioned are fees totaling over {$13000.00} as of XXXX XXXX, XXXX that include {$2500.00} in unspecified costs and another {$11000.00} in unspecified costs added into the principle balance of the loan. There is also an assessed amount of {$11000.00} and change that is assessed without explanation justifying the cost fee. 
While Bank of America continues to lie about dual tracking and improper handling of this home loan mortgage account during the modification process allowing for the assessment of foreclosure related costs and fees, these knowingly false representations and negligent processing do not allow for the overcharging of foreclosure related fees and costs, including those fees and costs allowable during the foreclosure process for services not preformed. This JUST BECAUSE THE BANK CAN mentality and culture has already caused thousands, if not millions, of homeowners the loss of their homes while the bank padded and fraudulently added costs and fees. 
Bank of America has been purposely directing distressed homeowners into property separation loss mitigation programs rather than modification programs from the start of the mortgage assistance process with delaying a response to a borrower request for mortgage assistance, to the intentional mishandling of the received XXXX package, right on to the initial evaluation, and continuing with incorrect denials when a qualified and eligible borrower requests mortgage assistance to keep their home. 
In this instance, Bank of America has engaged in breach of contract, violation of state usury laws, unfair, poor, and deceptive acts and practices, unjust enrichment, negligent servicing, fraudulent servicing, breach of fiduciary duty, and breach of good faith and fair dealing during and throughout the loss mitigation process as described above. 
Just to be clear, I have never abandon my home. I have been residing in my home continuously since XXXX XXXX as my principal residence. 
Since XXXX XXXX, Bank of America has continued to double and triple down their efforts to separate me from my home and crossed the line of negligence to fraudulent activities related to to loss mitigation processes. Starting with delaying any response to my request for mortgage assistance, to mishandling my submitted XXXX application package documents, to repeatedly suggesting I file for bankruptcy, to incorrectly denying modification assistance, to misrepresenting my occupancy on the property, to dual tracking. Bank of America did all of these things because there are three easy ways to make an eligible borrower ineligible if and when the borrower takes action and they are : 1 ) recent or pending bankruptcy ; 2 ) reapplying or restarting the loss mitigation process, specifically the modification process, and ;. 3 ) borrower abandonment of the property. I have been subjected to all of these tactics including, but not limited to the park and stall maneuver designed to prolong the modification process beyond the six months it is designed to take and all with the intention to separate the borrower from the property. 
Bank of America directs disstressed borrowers into accepting one of various loss mitigation programs available for unqualified borrowers who are not eligible for modification programs and assistance designed to keep borrowers in their homes. The bank is unwilling to simply conduct a traditional foreclosure when they can have the tax payers pick up the tab via loss mitigation processes where dollar reimbursement and/or credits can be had and gain

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