Consumer complaint received 2024-08-12
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (OK)

All of my loan payments are allocated inaccurately one month in arrears from XXXX to XXXX defaming my payment record with both servicers and I remain without refund of {$1300.00} for a cancelled never activated XXXX homeowners policy paid out XX/XX/XXXX by BOA from my escrow account. 
____________________________ I was not without funds to pay my XX/XX/XXXX loan payment nor my XX/XX/XXXX loan payment to Countrywide/Bank of America . I have never had any payment much less an instant online payment declined upon making the payment nor returned to their companys by any bank, much less for non sufficient funds. 
_____________ According to my XX/XX/XXXX bank statement, there was no refund of {$1300.00} refunded to me by Countrywide XXXX XXXX  nor does the loan history reflect a refund/escrow account credit. Monday XX/XX/XXXX I called this company and confirmed there is no old or new policy number of XXXX in XXXX records. Neither in my name or someone elses. 
_________________________ I first paid my {$1400.00} premium for XXXX XX/XX/XXXX with an online ACH using check # XXXX, which was paid by my bank on XX/XX/XXXX. Countrywide/BOA Home Loans never recorded receipt of this payment, and FORCED me to pay this amount a 2nd time in the amount of {$1400.00} with my XX/XX/XXXX home loan payment required by Countrywide who never credited the XXXX payment for XXXX of {$1400.00}. SEE PAGE 2 FOR STRICT PROOF OF THIS CLEAR CLAIM. THIS card with my XX/XX/XXXX bank statement showing I paid my XX/XX/XXXX loan payment and a XXXX XXXX premium pymt of {$1400.00} to Coutnrywide is STRICT PROOF OF MY CLAIM BOA Home Loans failed to record the XX/XX/XXXX insurance premium payment at all. 
___________________ My bank statements from Bank of America strictly prove that I was double billed for the XXXX {$1400.00} premium and over charged for a cancelled policy through my escrow funds for XXXX of {$1300.00} -- -- overcharging me {$2800.00} for unearned hazard fees by Countrywide between XX/XX/XXXX and XX/XX/XXXX. 
____________________ See Bank of America XX/XX/XXXX notice of charges that prior to my over {$3000.00} deposit caused me to be {$27.00} overdrawn. Check XXXX to Countrywide for the {$1400.00} XXXX premium was PAID to Countrywide and Countrywide failed to record the payment and forced me to pay them {$1400.00} a second time on XX/XX/XXXX with my paid XXXX XXXX loan payment. 
_________________ BOA provided NO refund/credit to my escrow account of the cancelled premium of {$1300.00} or the double payment of {$1400.00} paid first XX/XX/XXXX then again XX/XX/XXXX, nor does a refund appear anywhere in BOAs Loan History dated XX/XX/XXXX, during the month of XXXX or XXXX of XXXX, or ever. If BOA received a refund, they kept the funds taken from my escrow account paid by making monthly payments from XX/XX/XXXX to XX/XX/XXXX, because I was never contacted by or received any refund from an XXXX or XXXX. 
_____________________ XXXX XXXX, of BOAs regulatory department, provided absolutely no evidence that a 15 year long recorded payment reversal of my XXXX XXXX payment was meant for XX/XX/XXXX, only that he and his payment research department assumed this to be the case from XX/XX/XXXX and onward, without providing me with CFPB and verbal requests any evidence or reference to a bank reference number or transaction id number from the bank the payment was made from. After claiming the payment reversal was for XX/XX/XXXX for 15 years there is no evidence at all that any other payment was reversed or returned as XXXX XXXX claimed in writing on XX/XX/XXXX. 
__________________ Contemporaneously from XXXX to XXXX when the loan fell off my credit reports, BOA never reported any payment reversed at all to any credit bureau, and should this have happened, BOA was legally FCRA required to report a missing and reversed/returned payment immediately. At no time as attached, did BOA ever report my XX/XX/XXXX or XX/XX/XXXX as anything other than paid as agreed. SEE ATTACHED CREDIT REPORTS FROM XXXX and XXXX. I literally had NO IDEA this was in my BOA home loan history until BOA made first disclosure to me directly on XX/XX/XXXX delivered by mail to me by Bank of America Home Loans. 
_____________________ Neither the {$2800.00} XXXX loan payment and XXXX premium payment for the XXXX insurance premium of {$1400.00} were ever declined instantly upon payment, and the original {$1300.00} double billed insurance premium was never credited to my account for alleged cancellation, nor was the XX/XX/XXXX online payment instantly declined. 
When requested, neither BOA nor XXXX would not provide documents to prove their XXXX false claims in defense of my clear claim of payment allocation errors and a current time written statement by BOA without physical documents to strictly prove false defensive claims just to avoid corrective action that is necessary is a violation of RESPA tolled by willful fraudulent concealment. 
___________________________ As far as late payments, I only had 21 payments with BOA from XXXX to XXXX that were made after the XXXX of the month grace period, yet BOA claimed falsely on my attached XX/XX/XXXX credit report that I had XXXX XXXX or more days past due payments, and yet charged me for XXXX late payments to which was transferred to XXXX and that I disputed to XXXX by XXXX XXXX, XXXX XXXX XXXX never provided to BOA. 
Both servicers willfully obstructed me from seeing BOA 's payment history and XX/XX/XXXX I was NEVER noticed by XXXX NOR the CFPB of an upload containing the attached XX/XX/XXXX XXXX provided screenshots of BOA 's XXXX XXXX of BOA 's detailed payment history never mailed to me but uploaded to the portal at the CFPB in response to my XX/XX/XXXX CFPB Complaint. And after three XXXX 's, this BOA payment history was repeatedly obstructed from me, as did the BOA phone prompt prevent me from access to a BOA agent who could have sent this to me because I had a transferred loan. 
I never changed insurance companies in XXXX nor in XXXX, have always had XXXX, nor did I make or authorize any changes to my XXXX  original policy to affect a XXXX billing for annual insurance premiums to be billed to me or paid in full out of my escrow account by BOA on XX/XX/XXXX, and after paying my annual premium in full through BOA on XX/XX/XXXX in the amount of {$1300.00}. XXXX XXXX failed to present and attach evidence of this insurance companys policy declaration of notice of cancellation, which if true, would be located within the records for this loan. BOA paid XXXX XXXX XXXX XXXX XXXX XXXX 10 days late on XX/XX/XXXX and failed to credit a full payment made on a then cancelled policy with XXXX whom I did not initiate or approve. 
_______________ I have no idea who XXXX or XXXX. is that XXXX XXXX XX/XX/XXXX letter refers to regarding insurance policies relating to this loan. This company was paid a full year premium of {$1300.00} by BOA from my escrow account XX/XX/XXXX and according to XXXX XXXX was cancelled on its due date of XX/XX/XXXX without any explanation of why BOA didnt credit my escrow account for the full amount without any need for proration. I have no idea if BOA was refunded because there is no credit in my escrow account. This company had nothing to do with XXXX XXXX XXXX XXXX, who is the only carrier I ever had on the property. 
___________________ BOA never sent me a goodbye letter but XXXX XXXX attached a goodbye letter claiming BOA did send one to an XXXX XXXX XXXX XXXX XXXX XXXX  who is an accidental death benefit insurer, see attached, which is still different from the company that I was doing business with on XX/XX/XXXX from XX/XX/XXXX until XX/XX/XXXX as XXXX XXXX XXXX XXXX XXXX XXXX, after transferring the loans servicing to XXXX XX/XX/XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX located in XXXXXXXX XXXX XXXX XXXX XXXX XXXX falsely claimed was cancelled an XX/XX/XXXX, and resumed under a XXXX annual paid premium on XX/XX/XXXX ), covered my home from XX/XX/XXXX to XX/XX/XXXX, and his false claim that company 's changed for 2 years causing changed policy numbers changed per his uploaded response to the CFPB XX/XX/XXXX, in response to my complaint # XXXX is non responsive, false and unsubstantiated without any evidence to his claims without proof of notice of cancellation of the XXXX, XXXX, XXXX and XXXX XXXX dba XXXX XXXX XXXX XXXX XXXX XXXX started when I originally bought the home or without any declaration of coverage for XXXX for what was paid in full XX/XX/XXXX. 
_____________ There is no evidence at all in existence that even hints that my bank ever contemporaneously declined, in this case, as an instant online loan payment for {$1400.00} for any month much less XX/XX/XXXX or XX/XX/XXXX in the month of XX/XX/XXXX. 
__________ My XX/XX/XXXX and XX/XX/XXXX online payments cleared my bank account that my payments were drawn on instantly with my bank approving the payments made to Countrywide/Bank of America Home Loans , with more than sufficient funds. 
The only thing that indicates a returned payment was a BOA Home Loans account history line entry on XX/XX/XXXX of " payment reversal '' for XX/XX/XXXX, and a {$25.00} returned payment fee not mentioned in the XX/XX/XXXX transaction history at all XXXX took a screenshot of, and that I was never notified existed, nor was there any mention in XXXX portfolio portal screenshot that BOAs " returned payment charge '' was credited to my BOA account XX/XX/XXXX, yet not refunded to me nor reported to XXXX to report this credit upon transfer and XX/XX/XXXX onboarding of XXXX loan servicing. 
______________ Without any evidence of any returned bank payment to Countrywide or BOA for a declined loan payment, both BOA and XXXX  owe me corrective action of correcting the month each payment was made for starting with the XXXX & XXXX payments made XX/XX/XXXX meant for XXXX and XXXX payments, and a refund of cancelled annual XXXX insurance premium paid by BOA from my escrow account of {$1300.00} and refund of the one of the {$1400.00} payments made for the XXXX XX/XX/XXXX premium.