Consumer complaint received 2015-03-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
Bank of America ( BoA ) has violated my rights under the FCRA and is now committing what I believe to an Unfair practice by repeatedly denying my requests and adversely impacting my credit. ( 1 ) I purchased my house in XXXX. In XXXX XXXX I was activated ( recalled to active duty for the XXXX ). This reduced my income by approx. $ 50k. ( 2 ) On XXXX XXXX XXXX I reported to deploy for my XXXX time. That week I contacted Countrywide/BoA to advise them that I was invoking my rights under XXXX XXXX XXXX ) In XXXX XXXX, Countrywide/BoA in response my SCRA rights, restricted online access to my account and stopped my automatic payment on XXXX XXXX XXXX. This made checking on my account status impossible. This also violated my rights under the FCRA as I was unfairly targeted for exercising my rights as a consumer. ( 4 ) On XXXX XXXX XXXX Countrywide/BoA sent a letter to my old address stating they were denying my application for SCRA protection. The listed lack of " sufficient information '' and that I was n't on active duty. I never received the letter. The orders referenced are title 'ordered to ADOS '. ADOS stands for Active Duty Operational Support. ( 5 ) While in XXXX I learned that the loan had become past due and attempted to contact Countrywide/BoA. I was unable to because of restrictions on my account. ( 6 ) In early XXXX I returned from my XXXX tour and while still on orders I contacted BoA. This started a process of talking to a rep who would look at my file, explain the error, apologize, advise me not to pay ( as it would adversely affect my credit ) and then attempt to fix. Each time the rep would attempt to get me to refinance, say they could n't help me, and refer me to someone else at BoA. From XX/XX/XXXX XXXX until the present I have called more than XXXX times and spent more than XXXX hours on the phone with BoA attempting to fix this. I can provide dates, times and names. I have filed XXXX complaints ( XXXX with BBB, XXXX with CFPB ) ( XXXX ) In XXXX XXXX I sold my house and paid off the entire balance. At the time my account was reported to the credit report agencies as 100 % paid on time. In XXXX XXXX BoA reported my account as closed and XXXX months past due. ( 8 ) In XXXX of XXXX BoA sent me a payment as a result of my complaints. BoA has still not fixed my credit report. ( 9 ) Each of my complaints has been answered by XXXX XXXX and have followed the exact same pattern. XXXX XXXX contacts me via phone. An investigation takes place and then I 'm told BoA denied my request and I could contact XXXX XXXX directly with questions. XXXX XXXX does not answer his phone and has never returned my calls. I do n't believe this is in good faith because in each case they have denied my claim based on their findings which are not consistent with the facts. BoA 's rationales for deny my requests are as follows : XXXX denied because more information was needed. I was not provided what was needed, nor given a way to provide any info, XXXX was denied because BoA asserted that my automatic payments were cut before I was on active duty. Payments were stopped by BoA on XXXX XXXX XXXX, I was called to active duty on XXXX XXXX XXXX, XXXX denial claimed I was n't on active duty in XXXX XXXX. As mentioned above the orders were clearly marked active duty and the pay amount of $ XXXX for XXXX months aligns with the $ XXXX pay for active duty, not the $ 150/month base pay for reservists. This denial appears to hold my credit report accountable for XXXX XXXX 's inability to do basic research on XXXX. I also have many other records stating I was indeed on Active Duty and no assertion by BoA otherwise can change that fact.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation