Consumer complaint received 2015-04-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
- We purchased our family home located at XXXX XXXX XXXX XXXX in XXXX XXXX in XXXX. We have resided in our home as our primary residence since that purchase. We fell behind when the business owned by XXXX XXXX went under in XXXX. The XXXX 's financial situation began to improve in XXXX and they have been working with XXXX Bank as the servicer to Bank of America, as note owner to pursue a loan modification that would allow them to retain their home- A Full and complete loan modification package with all requisite financial information, documentation and forms was submitted to Bank of America via its HLP ( Hope Loan Port ) online submission system no later than XXXX/XXXX/XXXX. Here is an email form that HLP system from XXXX/XXXX/XXXX. 
Case Comments : ***Welcome***Hello, My name is XXXX XXXX and I will be your single point of contact for this file. I will provide you with timely updates and requests for documents throughout the review process. Please feel free to contact me through the HLP messages if you have any questions or concerns. Assistance is not guaranteed, however the borrower will be reviewed for all possible work out options. 
Thank You, XXXX Based upon that complete loan modification submission, in accordance with the CFPB rules, XXXX XXXX Bank of America instructed its counsel, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to file a Motion to Cancel the XXXX XXXX, XXXX Sale date ( this was XXXX sale date ). That motion was filed on XXXX/XXXX/XXXX but unfortunately, Plaintiff failed to set its Motion to Cancel for hearing. However, that sale should have been cancelled by the court without the need for hearing based upon CFPB rules or the Plaintiff could have simply, dismissed or stayed / suspended the action. ( see attached ) - Thereafter, Plaintiff 's counsel and Defense counsel submitted an agreed order to the Judge to cancel the sale based upon those CFPB rules but it was denied. 
- Following that denial ( with an agreed order ), Defendant 's counsel filed its own Motion to Cancel the XXXX/XXXX/XXXX sale date and have it heard on an emergency basis. The Judge refused to allow it to be argued. 
We have sensed learned this same Judge was through many other similar proceedings and wrong doings was removed from his position as a Foreclosure Judge in XXXX county the end of last year XXXX. 
- The sale went forward on XXXX/XXXX/XXXX in violation of those CFPB loss mitigation Federal servicing requirements. The bank took it back at auction. There was no 3rd party purchaser. The loan modification was in active review at the time of auction sale and had been active and complete for at least 60 days. 
- Defense counsel then filed an Objection to sale and motion to vacate sale based upon those CFPB violations. Defense counsel request in writing on multiple occasions for Plaintiff 's firm on behalf of Bank of America XXXX XXXX XXXX to voluntarily vacate the auction sale which it had the power to do but they refused. The Objection to sale / Motion to Vacate was heard on XXXX/XXXX/XXXX and the Judge denied. 
THE SALE DATE MUST HAVE BEEN CANCELLED BECAUSE OF THE CONTROLLING CONSUMER FINANCIAL PROTECTION BUREAU rules. Those rules state in pertinent part : Plaintiff was prohibited from conducting a foreclosure auction sale in accordance withRegulation X of RESPA which states in pertinent part ; If a consumer submitted a complete loss mitigation application after Plaintiff/Servicer has made the XXXX notice or filing for the foreclosure process but more than 37 days before a foreclosure sale, plaintiff/servicer MUST not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, until XXXX of the following occurs : a ) Servicer sends consumer a notice that the consumer is not eligible for any loss mitigation option and consumer has exhausted the appeal process. ( This provision is not applicable to the instant action ). 
b ) The consumer rejects all loss mitigat

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