Consumer complaint received 2017-06-28
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (NC)

When we bought our house there were two mortgages. Both mortgages were through XXXX XXXX. We started running into some problems back in XXXX when my husband lost his job. We filed bankruptcy then to keep the house out of foreclosure. We were doing well until around XX/XX/XXXXwhen I lost my job. Our bankruptcy got kicked out and we resubmitted when I obtained a new job. Around XX/XX/XXXXI lost my job and went 7.5 months before I could find another job. During this time XXXX XXXX went under and the loan was absorbed by Bank of America. We got notification that the loan had switched to Bank of America then we got notification that the first mortgage was going to be serviced by XXXX XXXX and the second mortgage was going to XXXX XXXX. Our bankruptcy was again discharged in XX/XX/XXXX and I did n't regain employment until XXXX. We started getting foreclosure notifications and reached out to our local housing partnership for assistance obtaining help with the Hardest Hit Funds. Our file was submitted and eventually rejected because our second mortgage was sitting with a debt collector and they could not work with a debt collector due to treasury laws. The partnership stated that they were told that we needed to obtain proof that our second mortgage was charged off in order to proceed helping us with our first mortgage. I have since been calling Bank of America, XXXX, and XXXX. XXXX stated that they would not have the file unless it had been previously written off. XXXX has been pointing the finger at Bank of America stating that they only serviced the loan and that they did n't own it so therefore they could not be the ones to charge it off. Bank of America says the same and that they transferred everything to XXXX. Round and Round we go for the last 7-8 weeks. Since it is so old, XXXX finally got their contact at Bank of America to look into it and found out that it was charged off on XX/XX/XXXX before transferring to XXXX in XX/XX/XXXX. So I call Bank of America again with that information and get a gentleman that said that he could see where it was charged off but no XXXX was done. So he tried to transfer me to the chargeoff team and sent me to a bad extension that hung up on me. I called back twice after that before reaching a lady in XXXX who put in a request to obtain a letter of the charge off or a XXXX. I waited a week and called to check on it after not hearing anything and was told that the notes on the request stated that it was not charged off by Bank of America it was charged off by XXXX XXXX before going to Bank of America and they could not provide any new documentation besides what is currently in there file. So I contacted XXXX again and told them what was being done at Bank of America and they reached out again. XXXX was told that they requested the file be pulled from XXXX XXXX since they allegedly charged it off and found out two days ago that there was no XXXX in the file. Meanwhile, our foreclosure hearing is set for Friday ( two days from now ). I  contacted the banks attorney that is on the paperwork and explained that I will be out of town on Friday and that we were still diligently working to obtain this piece of paper that will help us get assistance with the Hardest Hit Funds but we needed more time and requested a continuance. They told me that they needed the request in writing and had me email it summarizing our phone conversation of the story above. I sent the email and got a reply that if I went to the clerks office and filed the continuance, they would not object. I did hours worth of research and tried to find the right forms and have no idea how to fill them out so we did n't make the deadline of three days before the hearing to file. I called today to see if they filed on their own, they did not. The attorneys office stated that it was still going to happen Friday and that they would schedule a sell date of XX/XX/XXXX. I contacted the housing partnership who told me to call the state commissioner of banks. I called and told them my story and since they do n't deal with the federal banks we were told to contact the CFPB to see if we could obtain assistance with getting the document we need from Bank of America in order to get help through the housing partnership to stop the foreclosure.