Consumer complaint received 2017-03-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Our firm, XXXX XXXX, XXXX has been monitoring our client 's request for mortgage assistance to Bank of America to ensure its compliance with Regulation X. During the past few months, we have run into several issues while our client continues to try to get her loan modified by Bank of America. This will be the third CFPB complaint we 've had to file pertaining to this mortgage loan. The borrower submitted a Loss Mitigation Application to Bank of America on XX/XX/XXXX via facsimile transmission. We emailed an exact copy to Bank of America 's prior counsel at XXXX XXXX XXXX XXXX ( " XXXX '' ) on XX/XX/XXXX at the specific request of XXXX to direct any and all loss mitigation communication to their office only and not to send anything directly to the bank. Pursuant to a letter from XXXX dated XX/XX/XXXX, there was no foreclosure sale scheduled as of XX/XX/XXXX according to Bank of America. 

As discussed in our previous complaints, we continued to have issues with Bank of America throughout the review process, including the borrower 's home being set for foreclosure sale while the active review was still pending. The evaluation of the borrower 's application was finally completed and she was offered a trial modification plan on XX/XX/XXXX, which was sent to our firm by XXXX XXXX XXXX XXXX. ( " XXXX '' ), Bank of America 's foreclosure counsel. Due to the lack of information provided in the offer letter, the borrower asked that we request some additional details about the trial offer. Since it has been very difficult to get anyone on the phone at Bank of America to discuss the borrower 's loan account, we reached out to XXXX via email with our client 's questions. After receiving no response from XXXX, we also submitted a Request for Information via US Certified Mail to Bank of America 's designed address for such correspondence. We still have n't received any additional information pertaining to the terms of the proposed modification. 

Despite the foregoing, the borrower sent her first trial period payment pursuant to the terms of the offer letter via US Priority Express Mail on XX/XX/XXXX, which Bank of America received on XX/XX/XXXX. Even though our client made her first payment and Bank of America received the payment before the stated due date ( i.e. XX/XX/XXXX ), our client 's home remains set to be sold at foreclosure auction on XX/XX/XXXX. The borrower has called the clerks office several times and was informed that there has n't been any efforts made by Bank of America to cancel or move the sale date. We also reached out to XXXX regarding the upcoming sale and we were told that Bank of America has not given any instruction to postpone the sale date. 

Moreover, we continue to have trouble trying to contact Bank of America in connection with the borrower 's loan. Every time we try to call, we get an automated message about technical difficulties and then the call is disconnected. This has been happening for several months now. Recently, we can only reach a live person by using a different client 's loan number and then asking the representative to subsequently pull up this particular loan once we have someone on the line.

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