Consumer complaint received 2016-10-19
Product: Mortgage — FHA mortgage
Issue: Loan modification,collection,foreclosure — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (NC)

I have a home loan through Bank of America. My ex=husband and I were both originally on the deed. We were divorced through an uncontested divorce decree that was finalized in XXXX. Before the divorce, but after we separated, my husband and I entered a separation agreement, and we agreed that I would have the home. He signed and recorded a deed conveying any and all interest he had in the property to me, which was recorded in XXXX. He does not live in the home with me and has not since XXXX. 

After suffering an illness and missing work last year, I got behind on my mortgage ( I have since recovered from my hardship and my income has stabilized ). The property went into foreclosure, and I submitted a loss mitigation application to BOA in XXXX or XXXX XXXX requesting a loan modification. The loan was modified once previously, about 4 years ago, and is an FHA loan. 

XXXX XXXX, my customer service representative from BOA, contacted me last month and told me that in order to finalize my loan modification application, I would need a divorce decree from the court showing that I was awarded the home in the divorce. I explained to XXXX XXXX that it was an uncontested divorce and that the decree did not specify whom the home was awarded to, but that my husband had conveyed his interest to me. I provided XXXX XXXX with both the uncontested divorce decree and the deed from my ex-husband. XXXX XXXX responded by saying that the only thing BOA would accept would be the divorce decree she previously asked for ( which does not exist ). 

I contacted Legal Aid of North Carolina for help, and my attorney, XXXX XXXX, spoke with XXXX XXXX today. She confirmed that the only information she was missing to finalize the loan modification was the divorce decree. She verified that the reason BOA needed the divorce decree was to verify that the ex-husband no longer had an interest in the property. She acknowledged that I sent the deed to her as well as the uncontested divorce decree. She acknowledged that I informed her that the divorce decree BOA was asking for did not exist, but that unless I provided her with the decree BOA would not finalize the modification. She acknowledged that the sale date for the property is XXXX/XXXX/XXXX and that BOA was proceeding with the sale. She acknowledged that BOA accepted the deed as proof that my ex-husband did not have an interest in the property and allowed the prior modification to take place 4 years ago, but that the " regulations have changed since then, '' and that the deed was no longer sufficient. My lawyer asked her to provide him with the regulation she was referring to, and she was not able to do so. He asked to speak with someone who had the authority to override that decision, and XXXX XXXX replied that there was no way to change the decision. He asked to speak with her supervisor. 

Her supervisor confirmed the information that XXXX XXXX told my lawyer and stated that it was a " HUD requirement. '' She was also unable to provide my lawyer with any regulation or other authority, but said that she was told as much by their underwriter. My lawyer asked to speak with the underwriter 's manager, and she said he was not allowed to do that. 

I previously contacted HUD to complain about the situation, and I was assigned a HUD FHA National Service Worker. Her name is XXXX XXXX, and her number is XXXX. She assigned me a complaint number, which is XXXX. XXXX XXXX spoke with me yesterday and told me that the decree BOA was asking for was not a HUD requirement like BOA is saying. She said that BOA was likely looking for proof that my ex-husband does n't have any interest in the home. The deed is proof of that, and BOA has accepted it before. I do n't understand why BOA is giving me the run around now and shifting the blame to HUD, when HUD is not responsible.