Consumer complaint received 2018-06-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX RE : XXXX XXXX XXXX XXXX XXXX XXXX XXXX. CA XXXX Bank of America Loan # XXXX CFPB COMPLAINT DEMAND FOR CORRECTION OF BAC ERROR IN PROOF OF OCCUPANCY RESULTING IN MODIFICATION DECLINE Please note that I have been using my business addresses AND a XXXX XXXX as my mailing addresses to receive much of my personal mail, due to security concerns that I have had receiving mail at my residence, XXXX XXXX XXXX, XXXX XXXX, CA. 

I have explained this to Bank of America ( known as BAC ) multiple times and have provided proof of my occupancy redundantly with BOTH three months of XXXX XXXX XXXX bills, Dept of Water & Power bill, medical bills, and even my BankAmericard statement credit card bill with BAC itself. 

Please note that on these dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX/XX/XX/XXXX and XX/XX/XXXX Bank of America has repeatedly declined my request for modification for this same one reason. ( see BAC decline letters attached ) BAC continues to declare that they will not verify my real proof of my occupancy as my residence with their loan. This is stated in each of their mod decline letters and the appeal request decline letters. 

BAC 's refusal to accept my documents as my proof of occupancy stems from one specific issue. 
BAC accuses me of " altering '' my XXXX  XXXX XXXX XX/XX/XXXX bill by changing my mailing address to my residence. 

BAC representatives XXXX XXXX on XX/XX/XXXX and representative XXXX on XX/XX/XXXX told my third party representative XXXX XXXX, that their internal notes on my file regarding my reviews and appeals, state that they conclude that I had " altered '' my mailing address on my XXXX XXXX XXXX   XX/XX/XXXX bill and actually accused me of fraud. 

They stated that since they received two XXXX XXXX XXXX bills for the month of XX/XX/XXXX, that show two different mailing addresses and the latter " looked " altered. 

I immediately sent BAC a letter explaining the reason for the change and how I was able to revise the XX/XX/XXXX gas statement within the same billing cycle, but they do not believe me. The reason is simple, as I called XXXX XXXX XXXX before their billing cycle for XX/XX/XXXX closed and I requested that the rep change my mailing address back to my residence. The rep agreed to do so and she was able to then generate a new revised bill for XX/XX/XXXX before the billing cycle closed. with my residence as my mailing address, which I in turn sent to BAC. 


Please note that on XX/XX/XXXX, BAC rep XXXX told XXXX XXXX that BAC could not use the gas utility bill with a different mailing address than the residence for proof of my occupancy. That is why I specifically called XXXX XXXX XXXX to change my mailing address back to my residence. On XX/XX/XXXX, my third party representative XXXX XXXX spoke with BAC representatives XXXX and XXXX to make absolutely sure what exact documents are accepted by BAC as proof of occupancy. Both reps re-confirmed by telling XXXX XXXX that a gas, electric, or water bill is acceptable. That is why I again specifically sent in the Gas utility bill on XX/XX/XXXX to satisfy the request with the residence address as my mailing address. 

BAC 's dishonesty here in accusing me of fraud must stop. My third party representative XXXX XXXX contacted two BAC supervisors starting XX/XX/XXXX thru approx. XX/XX/XXXX to confront these false allegations and get this issue corrected immediately. The two supervisors are XXXX XXXX ( XXXX ) and her supervisor XXXX XXXX ( XXXX ). Supervisor told XXXX XXXX on XX/XX/XXXX that she needed to know what my XXXX XXXX  XXXX address was, which appeared on the initial XXXX XXXX XXXX bill prior to the new revised one sent them XX/XX/XXXX XXXX XXXX explained that the address is my actual business office address. She also made the error of not seeing that the " service '' address was my home at XXXX XXXX which is clearly written on each gas bill, and on the payment coupons. 

Supervisor XXXX XXXX, XXXX XXXX supervisor called XXXX XXXX approx. on XX/XX/XXXX to again state that the decline decision from the appeal stands as such and that BAC will not change their mind. 

XXXX XXXX called BAC again on XX/XX/XXXX and spoke with rep XXXX XXXX, in order to get the address for sending a formal complaint to BAC regarding this. XXXX XXXX gave XXXX XXXX the wrong address to send the complaint to. 

XXXX XXXX called yet another time on XX/XX/XXXX and spoke with rep XXXX who did research and gave XXXX XXXX the correct address to send the complaint. 

I am respectfully demanding that BAC immediately correct the willful disregard of proof of my occupancy being my home at XXXX XXXX XXXX, XXXX XXXX, CA and approve my modification immediately. 

Time is of the essence as BAC has my property now in a pending foreclosure. 

I am including all of the important documentation and correspondence so that you may see that BAC has made multiple truly egregious errors and a willful ignorance of the facts. 

I pray this type of behavior has not once again become the BAC business model of deception and dishonest practices. 


Most Sincerely, XXXX XXXX

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