Consumer complaint received 2016-05-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
A very large bank, Bank of America ( BOA ), holds my mortgage. I applied for HAMP relief in about XXXX XXXX, which I declined about two months later in XXXX XXXX because the HAMP offer from BOA was so low it was a joke. Not only that, the HAMP modification would have had a detrimental effect on my credit. If, in the future I needed to refinance I would be worried about the negative impact this HAMP modification would have on my attempts to refinance the loan because it would ruin my credit. So, of course I declined the offer to modify my mortgage to be in the HAMP program. However, I continue to get correspondence from BOA, almost a half year away, all mistakenly saying I am in the HAMP program and my mortgage payments are " unapplied '' to my loan ( which means to me ... and probably my guess to third parties ... " untimely '' or less than the full amount ). Also, note BOA has had many people " service '' me I can not keep track of all of them. This large bank never consistently seems to know what is going on ( perhaps to their benefit ) and, I have noticed once they get something wrong, will not find it possible to correct their error. Their errors could cause people to think I have not been paying my mortgage on time ; their errors might make third parties incorrectly believe that I have received a loan modification which could negatively impact my credit ; and, perhaps even cause me to lose my home if someone else ends up making a mistake based on some of their miscommunications. This could all be a mistake on their part, or maybe a scam. I just find it incredulous their errors can not be corrected. This large bank, Bank of America ( BOA ), has written me several letters indicating that my mortgage payments, which I am timely making, have unapplied amounts. BOA, both in letters, as well as on phone calls I have had, indicate that I am in a mortgage modification program, which I am not. I continue to receive robo-error letters indicating I am in the mortgage modification program and my mortgage payments are " unapplied '', which, in my interpretation, means they are saying are late. Note, for more detail, that I declined the HAMP modification offer by phone calls and by letter on XXXX XXXX, XXXX. Then, months later, BOA indicated I was in the program and I wrote a letter on XXXX XXXX, XXXX indicating I was not in the program. The next month, they wrote me again and said I was in the HAMP program and that my mortgages were " unapplied '' - to me ... meaning " late ''. Note my mortgage payments are on time and do not know what they are up to. I then wrote BOA letter a letter on XXXX XXXX, XXXX indicating I was not in the program and indicated I would sue them if they did not stop this. I sent this letter to XXXX offices ( because I was getting so many other letters indicating there were XXXX or more successive people at this large bank to " help '' me ). I called them up and said I was not in the HAMP program, and they said they agreed and that I was not late ( this has been multiple phone calls on this ). Subsequent to that phone call, just two days ago, BOA called and indicated that I was in the HAMP program according to their system! I have never agreed to a loan modification or be in the HAMP program. I have declined the terrible HAMP offer that was offered to me in XXXX XXXX, but BOA continues to send letters and have their system indicate I am ( 1 ) in the HAMP program ; and ( 2 ) have " unapplied '' amounts paid with respect to my mortgage. I want them to : ( 1 ) stop reflecting I am in the HAMP program, which could negatively impact my credit, is incorrect and potentially harmful to me ; ( 2 ) have them to stop sending me letters indicating I have unapplied amounts to my mortgage when they are being paid on time ; and ( 3 ) correct all of the problems they are causing me because I am not in a HAMP program.

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