Consumer complaint received 2017-01-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America ( BofA ) seems to think just saying the modification process is complete makes it so. Although this misrepresentation has been made to me multiple times in writing including, responses to CFPB complaints, the BofA error of removing a SPOC, refusal to release or blocking of material information to me from the BofA Appeals Department, specifically the written determination upon completion of the XX/XX/XXXX appeal review and Appeal Report granting a MHA HAMP TPP, and the intentional misrepresentations to the contrary by telling me through issued correspondence from BofA departments other than Appeals multiple times I have been denied MHA HAMP, it does not mean or indicate the modification process is completed. All these actions taken by BofA, along with their employees, representatives, and agents do is give evidence to the intent to mislead, misrepresent, and deceive through the employment of unfair, poor, and deceptive tactics and practices. There is no applicable law stating when the bank, servicer, or trustee represents there is no RMA currently under review, then the modification process is complete. However, the law does require written decisions on appeal before the modification process can be deemed completed. Furthermore, anytime the BofA Appeals Department conducts a review an Appeal Report is issued along with the supporting documentation. To date, BofA has only produced one Appeal Report and continues to fail to produce any other Appeal Report while representing there have been multiple decisions issued on multiple appeals. 
BofA represents, " Bank of America provided you with decisions on each of your numerous loan modification applications and appeals. '' I have yet to receive any of the referenced RMAs and corresponding appeal decisions issued by the the Appeals Department including the decision related to the XX/XX/XXXX Appeal Report granting MHA HAMP and a MHA HAMP TPP. To date, BofA has failed to produce these documents. 
BofA represents, " Bank of America has followed MHA and HAMP guidelines in processing your applications and you fail to specify how Bank of America has not followed MHA and HAMP guidelines during the several years that you have applied for a modification. '' Of the XXXX CFPB complaints BofA has received, at least XXXX details how MHA and HAMP guidelines have been violated. Such violations include, but are not limited to, cancellation of property insurances, failing to pay off the XX/XX/XXXX XXXX loan upon finalization of a HAMP modification, and refusing to process my RMA as directed whenever a denial has been determined to be due to an incorrect HAMP denial. 
BofA represents, " You continued to seek a loan modification and were thereafter sent a modification denial letter on XX/XX/XXXX More recently, you applied for a loan modification in XX/XX/XXXX. '' This is simply not true and BofA knows this to be an intentional misrepresentation and fraud on a mortgage, Deed of Trust, and real property meant to deceive and defraud the recipients of the representations. The XX/XX/XXXX BofA correspondence is not, in fact, a denial letter. It is the review conducted, as required, on an escalated case detailing why it is the SPOC issued a MHA HAMP denial on appeal completed by another CRM, not the Appeals Department. I have always been consistent in maintaining l have never reapplied for any modifications once l came into possession of the Appeals Department XX/XX/XXXX Appeal Report granting MHA HAMP and MHA HAMP TPP on appeal. To date, BofA has failed to produce any of the referenced documents to support their claims. 
The XXXX Requirements are as previously stated and are to include : Prior to recording a Notice of Trustee 's Sale ( NTS ) the Trustee must include within the NTS a declaratory statement in accordance with California law that Dual Tracking has not occurred.

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