Consumer complaint received 2017-05-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Complainant  XXXX   XXXX  and her husband  XXXX   XXXX  are an elderly couple ( age  XXXX  ) who were residing in the property located at  XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX  My mom,  XXXX   XXXX  owned this home for over  XXXX  years. In late   XXXX  , the Victim 's lender, Bank of America and later  XXXX   XXXX   XXXX  and servicer,   XXXX   XXXX   XXXX   XXXX  , stopped accepting the Victim 's mortgage payments because they said she was in BK and they could n't accept payments while in BK. Her payments were a little over {$800.00} per month and she paid timely for the life of the mortgage, however, the lender incorrectly  (  and we believe intentionally ) stopped accepting payments and began to put Victim in default to where the amount to cure the payments that they would not accept ballooned and went up to over {$17000.00} on a debt that should have been approximately {$2000.00}. Repeatedly,  XXXX   XXXX   XXXX  my mom ) asked the lender to take payments to catch-up. After default, the loan was sent to  XXXX . We brought in a lawyer,  XXXX   XXXX   XXXX   XXXX   XXXX  to fix the problem since the lender was not responding. As  XXXX   XXXX  was negotiating to erase the illegal fees the lender added to bring the loan current we were told the lender and servicer had a sale date for the home and were going to sell the home at auction. Due to the timeframe,  XXXX   XXXX  filed for bankruptcy for  XXXX   XXXX  as a last-ditch effort to save the home. On the date the BK was filed and the lender notified, he spoke with them to confirm the sale was off, which they also confirmed. The next day, without warning, the lender sold the home ( while  XXXX   XXXX  was in BK which is illegal ). We believe that the lender/servicer purposely preyed on  Victim  's age in denying acceptance of mortgage payments ( later we found she did make payments and they were accepted by   XXXX   ). We also believe that   XXXX   XXXX   XXXX    may  have worked with the lender/servicer so that they could purchase the subject property cheaply.  XXXX   XXXX ,  XXXX  was informed of the  Victim  's legal action against the lender and subsequently against them. They were informed of the Victim 's age and poor health condition ; however, they have proceeded to bully and push the Victim and her husband out of the property. Victim was denied access, and could not have her custodian go to the property to remove significant valuables and personal belongings, because  XXXX  would not release the property or allow access unless Victim paid {$1600.00} to them, even though they were legally entitled to remove the property. As of last Sunday, they moved all of my mom 's stuff out of her home and placed it in a storage facility and wo n't tell us where it is. The Victim is currently staying near me in  XXXX   XXXX , CA and is having a hard time returning to  XXXX   XXXX  where her home is because she becomes  XXXX ,  XXXX  and physically unable to get close to the home she lost. She keeps asking me, " How can the bank do this to me and tame my home when I made all my payments? '' Bottom line is that my mom 's home was wrongfully foreclosed upon and the buyer,  XXXX   XXXX  has been extremely aggressive with the Victim in forcing an eviction and has taken advantage of Victim 's age in harassing her verbally and with their intentional actions to deprive the Victim of her home and personal property. Victim has made several attempts to work a resolution with  XXXX  but they have ignored her and deprived her of her rights. We have asked the owner of  XXXX   XXXX   XXXX   XXXX   XXXX  to reverse the sale. He told us they get tons of these stories all the time and they plan to fix up the property and flip it fast. They also said we could buy the property back at a premium plus their " carrying costs but would probably not go back to the bank to reverse the sale.  <P/> This is a new complaint based on the original complaint #  XXXX . We were told to create a whole new case because Bank of America failed to address the actual issue which caused they foreclosure and that was the payments they refused.  <P/> Their answer does not reflect the actual payments which were rejected on  XXXX   XXXX ,   XXXX   check number :  XXXX  for the amount of {$810.00} and  XXXX   XXXX ,   XXXX   check number :  XXXX  in the amount of {$810.00}. These were the  XXXX  payments which the teller at their bank rejected claiming they could not accept due to the BK filing ( which is not correct ). These were the same  XXXX  payments which B of A bank used to accelerate a NOD to  XXXX   XXXX   XXXX  my mom ) which then was transferred to  XXXX . It is because of the rejection of these payments and further payments before the account was moved to  XXXX  that caused the NOD and subsequent loss of our house as  XXXX  took that outstanding balance and added large fees and charges which amounted to over {$12000.00}. Your bank is fully responsible for refusing the payments which caused us to lose the home.

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