Consumer complaint received 2016-11-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
On XX/XX/XXXX at approximately XXXX Bank of America representative by the name of XXXX of the Foreclosure Department acknowledged the existence of the Bank of America Appeals Department XX/XX/XXXX Appeal Report during our call. Because of this admission, I requested the matter be escalated and was provided an escalated case reference number of XXXX. 
The above referenced escalated case concerns the fact that it took Bank of America a year to issue the report on Appeal of the incorrect MHA HAMP denial of XX/XX/XXXX and never provided me with a written determination on Appeal from the Appeals Department to date. 
During the year of lies, Bank of America Underwriting Department proceeded to use unfair, poor and deceptive practices to persuade me to reapply for mortgage assistance, file for bankruptcy, or abandon my home. I did none of these things. Bank of America Underwriting Department also issued a multitude to letters to me stating I had been denied a MHA HAMP TPP on Appeal, which is not true as evidenced by the Appeals Report. 
As late as XX/XX/XXXX Bank of America is representing to me I have been removed from the modification process and no complete mortgage assistance application is currently under review. However, Bank of America never states why I have been removed from the modification process in the first place. 
Bank of America was representing to me that I never provided a complete RMA since XX/XX/XXXX. When I pointed out an initial review had been completed XX/XX/XXXX, Bank of America then changed this representation to there is currently no RMA pending review because I will not reapply for mortgage assistance after the Bank of America Appeals Department XX/XX/XXXX review and determination that I have not been notified of to date. While I have n't reapplied for mortgage assistance due to the Bank of America Appeals Department determination, Bank of America has erroneously represented to me my XX/XX/XXXX RMA for a MHA HAMP TPP was denied and due to denial on Appeal, is no longer pending as it has completed and exhausted the MHA HAMP modification process. This is simply untrue. 
Bank of America is also representing to me I have received decisions on all of my complete loan modification applications and appeals and all MHA HAMP guidelines have been followed. This is also untrue as Bank of America has never provided me any determinations on appeal related to my complete RMA application package submitted on and before XX/XX/XXXX. While the California Homeowners Bill of Rights was not in effect until XX/XX/XXXX, RESPA enforced by Regulation X was effective XX/XX/XXXX, so the legal requirement of a written appeal determination was present at the time of appeal request. Furthermore, I made repeated requests for a written determination on XX/XX/XXXX appeal on and after XX/XX/XXXX, but Bank of America admittedly did not provide one to me to date and the internal Appeals Department report and documentation of XX/XX/XXXX is after the California Homeowners Bill of Rights came into law clearly requiring Bank of America Appeals Department to issue a written determination to the borrower upon reaching a decision. Bank of America has never produced any RMAs ( other than XX/XX/XXXX ), or Appeals Department written determinations.

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