Consumer complaint received 2015-05-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Approximately seven years ago, due to lost employment, I became delinquent on my mortgage and was consistantly 3 months past due no matter how much I tried to bring myself current. It was later that Bank of America refused to take any more monies from me. At that time I as 3 months past due, once they refused to take any payments I was in a downslide getting further and further behind on my mortgage. In order to try and gain employment and attempt to save my home, I took a job in XXXX Arizona and traveled back and forth over the weekends. When I heard about the type of programs available to assist homeowners with loan remodifications I requested this assistance from Bank of America. Their response to me was to apply all back owed payments, penalties and interest to the end of my note, approximately {$35000.00} this amount they said could not be waived. At the time the job I was working, I was able to clearly afford the lower monthy payment which the correctly applied calculation of the loan modification, unfortunately Bank of America 's unwillingness to apply the correct modification program to my home caused my mortgage payment to increase substantially and place me out of the range of being able to afford to pay my mortgage. From the beginning to end, I was receiving correspondence from Bank of America at the property location. My phone number remained the same and I was in constant communication with Bank of America employees. As the first modification was unfeasible, I resorted to the alternative and advised Bank of America to send me their short sale documentation. I began talking to one of the real estate agents on the list in order to see how the process would be handled. It was shortly there after Bank of America sent me a letter advising I qualified for their loan modification program which would wipe away the {$35000.00} in penalties and interest and make my mortgage affordabel as I had originally wanted. I forgoed the short sale process and advised the lender of my willingness to start the loan modification process. I submitted the first package and the lender sent it back requesting more information. This procedure happened five times which I never once received a denial. The last loan modification documentation was sent to B of A in the beginning of XXXX XXXX. After that I could not get a B of A employee to answer my questions or return my calls. I had not received any communications from B of A up until XXXX XXXX XXXX when an attorney from Bank of America had mailed a letter to my property address asking whether the occupant had veteran status. At this time I was concerned and researched the court case filed in the 2nd Judicial District court County of XXXX, New Mexico no. XXXX this case number the attorney sent me a copy of the complaint and I was able to respond and have the Judge dismiss the claim. The new case number XXXX the attorney who filed this documentation, never served me nor mailed me any complaint, they never used the contact information which B of A had been using the entire time to communicate with me. Instead this law firm sneaked behind the scenes and filed foreclosure documenation with out my knowledge and this led to my property being sold back to Bank of America in XXXX of XXXX ( even the special master did not notify me of the pending sale ). For the last seven months I have been in the dark until finally receiving a letter. I am currently occupying the home and have done so since I took out the mortgage with the lender. It is the type of underhanded practices by both the lender and the attorney office which have destroyed my credit and made me feel like there is no justice for any consumer who has attempted to use the " Keep your home '' programs which the federal government put in place as the lender uses unfair tactics to not approve.

Company response to consumer: Closed with explanation