Consumer complaint received 2017-07-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I am power of attorney for my father, XXXX XXXX, who is in an XXXX XXXX facility. I have been assisting him and his spouse, XXXX XXXX, who is elderly and in poor health, with modifying their mortgage for almost a year. <P/>Due to my dad 's health and extreme expenses relative to his XXXX XXXX care, they could not afford to continue making the regular house payment to Bank of America ( BOA ). They applied for and were subsequently approved for a modification directly with BOA. This would allow XXXX to stay in the home and remain close to my dad. The loan modification documents required that my dad sign as borrower and his wife sign as co-borrower. Since my dad could not sign, I had to sign everything as his power of attorney. Due to the distance factor between myself ( as dad 's power of attorney ) and XXXX, we have usually had to go to different notaries in different towns and send in the finalized agreement. Each time BOA has REJECTED the modification signature pages for various reasons, including the following : 1.  The power of attorney phrase I signed with was not acceptable to BOA. I used " by '' instead of " as '' or vice versa. Our first delay in a series that was not our fault. A new package was sent out. <P/>2. A BOA employee at the XXXX, NC, branch refused to notarize my signature because " she did n't feel comfortable '' with the way the BOA legal dept wanted me to sign. Yes, the bank 's own employee disagreed with the legal department and refused service. Another delay while trying to find a notary that would notarize a power of attorney, not our fault. A new package was sent out. <P/>3. A notary failed to list their county and BOA would not allow a document correction agreement ( which is common in all real estate transactions ). Another delay, not our fault. A new package was sent out. <P/>4. I missed the date on the signature page ( which the notary still signed and also missed ) and BOA would not allow a document correction agreement. Another delay, I am at fault here, but I requested a supervisor to accept it. This was denied by BOA, so not our fault. A new package was sent out. <P/>5. I received verbal instruction from the case manager about how to sign as power of attorney, sent the signatures back in the correct format, then the modification was rejected because time had expired. After all of the delays above, I had to appeal the decision. After several weeks, the appeal was granted and another modification package was sent out. <P/>6. The case manager advised that the previous set of documents from # 5 was signed " 100 % correctly '', but that BOA wanted the notary to " strike '' the language about who appeared in front of them. They required the notary to remove my dads name by striking it and hand-write in MY name, then initial the correction, then notarize the document. We complied and returned the package. <P/>7. The above package was rejected. BOA case manager called and said THIS TIME, they wanted me to sign as " P.O.A. '' instead of " power of attorney. '' I told them I could NOT sign that way because the legal document says that I am " power of attorney '' and NOT a " P.O.A. '' The case manager stated he would need additional time to research this with the legal department. I asked to speak to that department and was refused. He said a new package was already en route, but NOT to sign it while the matter was researched. I recorded this conversation. <P/>8. I received a Notice of Intent To Foreclose on the home from BOA.
<P/>9. I called BOA to inquire about what to do next and was told the package in # 7 was rejected, which I already knew. The rep had no knowledge of what to do next and could not get the case manager on the line. I asked for a supervisor and left a message for her to please call me ASAP. I still have not heard from the supervisor or anyone else at BOA. <P/>This summary above is absolutely unacceptable and may even be criminal. And there may be even more signature issues that I missed. We have bent over backwards to accommodate these requests. We have made every payment on time in good faith as was agreed to in the original modification. We were told to continue to make that payment while the numerous packages were being sent. BOA keeps " moving the goalpost '' and coming up with new rules AFTER a document is sent back. And then we get a foreclosure notice. I now believe that BOA is trying to take advantage of 2 senior citizens, one of whom is a victim of XXXX XXXX and has no idea what is going on. We do not have the time or resources to fight this, but surely BOA is using these same tactics against other less savvy homeowners. I need assistance by having a federal agency look at these practices instituted by BOA.

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