Consumer complaint received 2015-07-12
Product: Mortgage — FHA mortgage
Issue: Loan modification,collection,foreclosure — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (OH)

previously submitted a complaint ( XXXX ) but did not receive final decision or correspondence from BANA. I am submitting this as a NEW complaint since they raised other issues in their original reply. Regarding the original loan with Countrywide, we discussed the terms over the phone and an agent came to our house to finalize the paperwork. Upon arrival she explained that the original rate discussed on the phone was no longer available and would be slightly higher but we needed to sign everything now or risk " missing out on this round of available money and possibly face an even higher rate. '' Some of the documents we signed were not completely filled out, some were even blank pages which she claimed she explained but we really do n't know.We are not sure if this was even legal. She also told us as did Countrywide, we could get a better rate after a year of making payments. I explained in my first complaint what happened when we tried to pursue that. As for their reply i am listing a few other issues that they raised in hopes that they will finally admit to the many wrongdoings on their part and try to reach some sort of amicable solution for both parties. 
1. They ( BANA ) claim we were engaged in some sort of adversarial proceeding against them which is not true. If this is what they think, then they need to be specific and prove it. 
2. BANA retained a third party to address this complaint and stated that we told a Counseling service that a third party may have told us to miss those payments that started this whole mess. What we told the Counseling service was that we had discovered that many of the conversations we had regarding the modification were with third parties retained by BANA and that for all we knew, some of our original calls to them may have been routed to third parties as well. Even if that occurred, they were acting as representatives of BANA. Besides that, how did BANA get any details of what were supposedly confidential discussions of our financial matters? Did that also work for BANA? We had at least XXXX different firms send us application materials but the letterhead and other information all shows it is from BANA. Our attorney informed us as did the Chapter XXXX trustee, that this was a common tactic employed by the lending companies in order to delay and eventually deny modifications so they could keep collecting from the government. We were also told that lost documents, claims of incomplete and/or missing forms, undocumented or improperly documented phone calls and incorrect info given to mortgagors was also widespread. We even had their representative admit that they did n't understand the process and had made some mistakes early on. This is also well documented in the countless cases I have reviewed on websites, news articles, etc. 
3. When the first firm BANA had representing them filed the foreclosure we were still awaiting an answer on the modification even though their documents plainly stated that they would not do that until after we received a determination. When we appeared in court, we had no attorney and the Judge ordered us to get one. After doing so, their attorney and our indicated that due to the many problems, delays, etc. that mediation might be a better route for both parties but then, without notice, their firm withdrew everything and it was n't until several months later that we were informed by a realty agent that another firm had been retained and our house was again slated for Sheriff 's sale. Why was our power of attorney not recognized? 
I will attach a letter with the remaining issues along with other pertinent documents relating to our complaint since i am short on space in this section. 
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