Consumer complaint received 2025-10-01 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC

Complaint narrative:
This is in response to the investigation of my first complaint against XXXX XXXX XXXXXXXX and their loss mitigation department. Their response shows they did not do due diligence in researching my complaint for errors on their end. If they did, they would find that my XXXX request for mortgage assistance beginning XX/XX/XXXX through this entire month have not been acted upon within the company. I have main emphasis on the dates of XX/XX/XXXX through the next weeks thereafter. As I have called and told them on the XXXX and XXXX of XX/XX/XXXX that I became employed. Multiple representatives between these dates told me a loan modification or assistance package was sent out and it would take XXXX days for me to receive it in the mail. To this date, I never received these mailed documents. It wasnt until the last XXXX weeks of XXXX that I was able to talk to XXXX representatives to help me gain mortgage assistance. On XX/XX/XXXX or XXXX a representative told me that a finanical interview needed to be conducted in order for me to request assistance again. This was not done on the XXXX or XXXX or any date after it was known to Bank of America I was employed. It also wasnt until XX/XX/XXXX or XXXX when another representative told me the website and fax number I could obtain the request for mortgage assistance myself because the company kept telling me to use the online portal called their loan solution center. I told them numerous times, all before XX/XX/XXXX and after this date that I did not have access to do anything on this site because it was still saying I have an active request for mortgage assistance as of XX/XX/XXXX despite being denied for mortgage assistance at the end of XXXX. The foreclosure status was placed on my home on XX/XX/XXXX. Outside of these XXXX representatives- the one who did the financial interview on XX/XX/XXXX or XXXX, and the one who I spoke with on the XXXX or XXXX. Everyone else has told me conflicting information. They also said they were working to get me access to the loan solution center and they never did. I was not able to access the website until I faxed them documentation on XX/XX/XXXX and on XX/XX/XXXX I finally have access. 


Below is my formal complaint I faxed to bank of Americas loss mitigation team on XX/XX/XXXX. This is in response to a letter I received on XX/XX/XXXX after they had investigated my original complaint. 

Dear Loss Mitigation Team, This is my formal complaint in response to your prior reply regarding my loss mitigation request. Your response is inaccurate and fails to address serious errors that occurred between XX/XX/XXXX and XX/XX/XXXX. For that reason, I am sending in another complaint to refute your findings on my previous complaint. I never stated I did not apply for mortgage assistance in the past. I stated that the previous experiences with the mortgage assistance in the loss mitigation has been contradictory and ultimately negatively impacted me. EVERY request for assistance should be throughly and accurately reviewed and followed up on in according with the CFPB and your own rules and regulations as a company. Between the dates of XXXX XXXX current Bank of America and its loss mitigation team has failed to do that. Causing an unjust and unfair foreclosure status on my home. 

XXXX XXXX : I was denied a second loan modification in XXXX for income reasons. I have called almost every day before and after this date for mortgage assistance. On XX/XX/XXXX, I was told by a loss mitigation representative to notify BOA if there was any change in my circumstance/income. On XX/XX/XXXX, after securing new income ( offer letter as proof dated XX/XX/XXXX ). After the representative hesitated and was reluctant to help me by stating an offer letter isnt enough, I need paystubs. I informed him he isnt an underwriter and to send the XXXX out. I was told a loan modification package would be sent within XXXX business days. I also asked to speak with a supervisor for the poor service I received and was told they would call me back in XXXX hours. XXXX hours later I never received the call. 

On XX/XX/XXXX. I called back again to speak with a supervisor because XXXX did not call me within the time frame I was given. That representative then told me it would take XXXX hrs for a supervisor to call me back. ( Contradictory information and again proves my point that BOA and its loss mitigation department have failed me as a consumer and incorrectly handled my case. Directly causing me to go into foreclosure ). Continuing on with my call from XX/XX/XXXX. I also asked the representative to confirm that a XXXX modification was sent out, and she said it was. She also stated that she would send another request and again it would take XXXX business days. Because of this information no action was taken on my part because I was expecting to receive documentation that would prove my circumstances would change. 

Despite repeated follow-ups and a promised supervisor call, I never received the package. Representatives gave me contradictory information. After waiting almost XXXX  days from XX/XX/XXXX, an escalations supervisor said I needed to wait for an official denial, to access the loan solution center to upload my proof of income. Others said I could reapply while my XXXX XXXX XXXX XXXX remained locked. Stating I have an active request for assistance. 

o If a foreclosure status was created on XX/XX/XXXX that further proves my DOCUMENTED proof that Bank of Americas loss mitigation team did not act in accordance to the law or its own regulatory guidelines. As I requested a XXXX on XX/XX/XXXX and had NO access to the loan solution portal to request XXXX or upload any documentation because it is saying I have an active request for assistance as of XX/XX/XXXX. With that being said my home should not be in the foreclosure status it is in because I contacted the loss mitigation department BEFORE XX/XX/XXXX with proof of income dated XX/XX/XXXX. Your claims that there is no wrongdoing are duly incorrect. And also documented both by me. And within your own department phone calls. 


All of this has occurred because your department failed to send, track, and process the modification package, not because of any failure on my part. 

Your response also incorrectly stated that student loan refunds can only be used for educational expenses. The U.S. Department of Education clearly states that federal student aid refunds may also be used for housing, childcare, transportation, and other student needs. Documentation is attached. XXXX XXXX in the documentation clearly state that my refund can be used for housing. Furthermore, on the last pages it also states the income can be used at the student 's professional discretion. I am choosing to use the refund for my housing as am legally in my rights to do so. At XXXX, books and other educational expenses are all included in their flat rate-tuition. Which most of my tuition has been covered by a federal Pell Grant. Proof of that is also attached for you to clearly see XXXX have full access to these funds without worry of books or other school supplies. 

My Demands : XXXX. Immediate halt of all foreclosure actions while this complaint is reviewed. 

XXXX. Full review of all calls and notes from XXXX XXXX XX/XX/XXXX ), XXXX, with written confirmation that these calls were listened to. Main emphasis on the first XXXX weeks of XX/XX/XXXX. 

XXXX. Copies of all call recordings and notes for this period. 

XXXX. Reopen and process my modification request immediately using updated income documentation and student loan refund eligibility. I am also requesting a repayment plan instead of a loan modification as I will have more than enough funds to bring my balance current by XXXX. 

XXXX. Written explanation of why foreclosure status was applied despite assurances that assistance was pending. 

XXXX. Reversal of all fees, penalties, or negative credit reporting caused by your mishandling. Including halting all foreclosure process steps and contact with the attorney 's office. 

If this matter is not resolved promptly, I will escalate to the Consumer Financial Protection Bureau, the U.S. Department of Education, and the North Carolina Attorney Generals Office. 

I will not accept further response until all calls from XX/XX/XXXX have been reviewed. Anything less is not due diligence.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief