Consumer complaint received 2016-11-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America ( BofA ) continues to violate Civil Code 2923.6 ( c ), ( e ) ( 1 ) ( 2 ) by failing to resolve and complete open and pending escalated cases before starting and continuing foreclosure processes. 
Currently, there are XXXX open escalated cases that include one HAMP appeal, an in-house case escalation ( ID # XXXX ), and XXXX CFPB complaints. 
While BofA claims to have resolved all previously escaled cases and considers the matters closed, BofA failed to provide any documentation to support their claims. BofA only provided letters resulting from a review of the mortgage and service records, including electronic records, citing other letters as documentation and evidence of those claims and representations made, offered, and resulting from prior reviews of the mortgage and service records, but without ever providing or including any of the actual documents referenced to support or document their claims and representations. For example, BofA claims I have submitted multiple RMA application packages that resulted in multiple denials for which I requested appeals. However, BofA have never provided any of the multiple RMA application packages, the multiple denials, or the resulting Appeals Department written determinations to date. In fact, I have only received one Appeals Department written determination and that is related to a non-MHA HAMP modification program, and BofA represented in their XXXX XXXX letter I have not submitted a complete RMA application package since XXXX XXXX, XXXX and, as a result, are unable to conduct an initial review for mortgage assistance consideration, including HAMP. 
Additionally, BofA has already decided to park and stall the modification process as evidenced by the withholding of an Appeals Department written determination on the HAMP appeal requested in XXXX XXXX. While there is no time requirement to make a determination on appeal, a written determination is nevertheless required to be provided to the borrower. It is not a matter of when the appeal is requested, but rather when the determination is made and made known to the borrower in writing by an Appeals Specialist of the Appeals Department. In their XXXX XXXX, XXXX letter resulting from a review of the mortgage and service records, BofA admits to have had denied my appeal request and, therefore, not having performed a review on appeal upon receipt of a timely appeal request resulting from the XXXX XXXX XXXX HAMP denial. When an appeal is requested timely, an appeal shall be granted and the appeal process is to be initiated with a determination issued on appeal completing the appeal process without exception. 
The appeal process is currently incomplete and pending as no written determination has been provided to the borrower granting or denying XXXX HAMP related to the XXXX XXXX appeal. Also, I have not received any final response related to the XXXX currently pending in-house case escalations or the currently forty-one pending company response CFPB complaints. 
Furthermore, BofA made an offer to settle for their misconduct and mishandling of my RMA in XXXX, but the offer was presented as a modification and failed to include any admissions of wrong-doing making it impossible to accept. BofA responded to the rejected offer with a Notice of Default a year later. 
The importance of the XXXX XXXX, XXXX BofA letter representing I had been informed over the phone on XXXX XXXX, XXXX no appeal had been conducted upon receipt of a timely appeal request because I am ineligible for HAMP is due to the fact the XXXX XXXX XXXX denial is the same as the XXXX XXXX HAMP denial which the XXXX XXXX Appeals Department internal Appeal Report supporting documents deemed incorrect thus granting HAMP and HAMP TPP on appeal. However, I was never informed of the Appeals Department decision upon completion of their HAMP review.

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