Consumer complaint received 2019-10-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MT
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
BAC Home Loan Servicing ( of Bank Of America ) : ( 1 ). is in breach of contract having refused/AND RETURNED a 'Full Prepayment ' towards my mortgage. ( pre-XX/XX/2016 ) ( 2 ). instructed me to 'call ' about disputes and complaints, to avoid necessary dispute resolution under lending laws etc ( 3 ) .listed prepayments to principle as MISC on the account verses Principal Payments ( 4 ) .Reported TIMELY payments as Late payments TO OTHER LENDERS, contrary even to my own credit report ( 5 ) .credited me for a prepayment in 2016 and later arbitrarily and without prior notice or my express permission, reversed it, ( unknown to me until later ) effectually putting me in arrears while my XXXX Veteran husband was XXXX of service related XXXX XXXX, ( which is why I prepaid so I didn't have to worry in his last months of life, and even after Id notified them about our situation ) THEREBY BAC HOME LOANS SERVICING INTENTIONALLY AND OPPORTUNISTICALLY 'CREATED ' AN 'ARTIFICIAL ' ARREARS with my home loan ( 6 ) .Advised us AFTER reversing a full prepayment and misapplying it, that they no longer take prepayments, thereby performing a new breach of contract - see attached ( 7 ) .refused to answer or acknowledge my written notice disputing the balance ( 8 ) .refused to provide comprehensive transactional history ( 9 ) .sent me a letter giving me notice that I had 30 days to 'cure ' INSTRUCTING ME to " Pay By Phone '' and then a few days into the 30 days refusing to allow me to do just that ( 10 ) .sent the loan to collections after I attempted to cure even while the alleged arrears balance was in dispute ( 11 ). engaged in EQUITY SWIPING of other prepaid principal balances- see attached examples of payments into principal ( 12 ) after I discovered THEY CREATED the appearance of an arrears, they told me not to worry that missed payments would just be added to the end of the loan ( 13 ) .kept me on hold for two FULL hours ( 14 ). provided foreclosure attorneys inaccurate and already disputed balances due which I again disputed in writing to the attorney -see attached ( 15 ). provided the inaccurate disputed balances to the new serving company without attempting to resolve the dispute ( 16 ). continue to refuse to supply a full accounting and transactional history ( 17 ). continues to be the primary party in breach and ( 18 ) .continues to avoid dispute resolution by concealing the transactional history and accounting ( 19 ). failed to comply and modify my loan with a rate, payment and principal reduction according to the 2016 settlement with the US DOJ to help homeowners that were part of the Countrywide debacle - https : //www.justice.gov/opa/XXXX " That relief will take various forms, including principal reduction loan modifications that result in numerous homeowners no longer being underwater on their mortgages and finally having substantial equity in their homes. '' After 9 years BAC " created '' the appearance of an arears to swipe ALL my Equity even though we had a good payment history - see attached XXXX history ( 20 ) BAC failed to negotiate a negatively impacting contract provision forced upon us without prior notification or consent and enforced it prior to advance notice, negotiation or mutual agreement which is an empirical requirement to any legal contract -see attached ( 21 ). Failed to provide a comprehensive transactional history of accounting upon written request -see attached XXXX , XXXX and XXXX document

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