Consumer complaint received 2016-09-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: HI
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I filed my original complaint in XXXX but did not see the response until now. My complaint remains. 
I did not receive an official denial until XXXX. If we had known the lender was not doing modifications we would have applied for a refinance with in the time frame allowed, after 1 year of default no one will touch it. 
. # 1- we were told not to make payments to show hardship. This was already visable by payments that were not clearing, but they were always made good in the month they were due.. They all cleared. That was # 2 in my original complaint. 
# 2- We were referred to foreclosure in XXXX less than 9 months of payment. Bank of America did not offically take over for Country Wide until XXXX of XXXX. They did not file the foreclosure until XXXX. For 3 years they would not accept payments and made us think our home was in foreclosure. 
# 3- When our mediation was taken out it was because the mediator XXXX XXXX told us we did not need to do anything else she had it all taken care of. The court had not notified our attorney of the court date so he knew nothing about it. When we found out it was dismissed because no one showed up, that is a letter he received. He got us back in mediation and the bank missed the dead lines this can be found in the court notes dated XXXX/XXXX/XXXX XXXX confirmed his client missed deadline to submit updated list. XXXX was the attorney for the Bank at the time. It was not us that did not turn things in it was the bank. The judge then took it out of mediation again. Both times were not because of our neglect. We have done and sent everything ever asked. 
4- XXXX XXXX is no longer with the mediation program. She even told us we did not need to mediate because the bank had not sent papers. Again please see court records XXXX/XXXX/XXXX 5- XXXX XXXX Our " case '' was referred to XXXX XXXX XXXX XXXX out of XXXX XXXX . We were to sit down with attorney XXXX on XXXX XXXX to negotiate. They took him out of the picture before that happened, 6- XXXX XXXX says he tried to call us but there was no answer. My husband and I both work. We both have cell phones with those numbers on everything. He never tried to reach us. 
7- XXXX XXXX, XXXX Our homeowners association was sent a letter with the change of counsel with my brothers girlfriends name on it! What the heck is that? She has never had anything to do with this and has never even lived in XXXX XXXX never been on the board.?? 
8- Our loan was taken out of foreclosure XXXX XXXX. A payment was allowed in XXXX XXXX. 
9- Loan once again referred to foreclosure. 
10- During this entire process we were trying to find out who owned our mortgage. Every look up showed nothing. XXXX look up results NO MATCH FOUND. 
11- If the denial is coming from XXXX and they do not own our loan how can that be 12- We were told that our loan was XXXX and who does not do modifications. In my research XXXX does do modifications. I called XXXX and was told they do not own our mortgage. They looked under loan number, last name, and address. I was told they do not do business in XXXX 
13- XXXX XXXX responded to my 2nd request dated XXXX XXXX, XXXX. This was 4 months after my origional request in XXXX XXXX where they were asked to reply with in 30 days. 
14-According to the court papers Dated XXXX XXXX XXXX- if plaintiff lender fails to comply with this orders, without good cause, consequences with be imposed to include dismissal without prejudice. 
15- That is what happened. Why had the courts not protected the consumer from the big banks. That is why this program came about so that homeowners caught in the worst recession in history would not loose their homes. 
The idea was good just the wrong people in charge. They were to help the people not leaving hard working people and families on the street.

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