Date Received: 2023-08-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: " XXXX XXXXXXXX XXXX. This automatic stay violation case reveals that he works at Bank of America. '' XXXX XXXX XXXX, Bankruptcy XXXX ( XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX United States Bankruptcy Court for XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, Decided ). On XX/XX/XXXX, XXXX XXXX, Bank of America Resolution Specialist ( Telephone : XXXX, extension XXXX ) wrote me in a response to a complaint that I filed with the Consumer Financial Protection Bureau ( attached ) : " Please understand it is necessary to have a Trustee as a party to a Deed of Trust and it is common to use a Law Firm as Trustee. The Trustee has nothing to do with the loan other than holding the property in the event the borrower defaults on the loan. As such, the Trustee is there to facilitate the foreclosure or to release the lien once the debt has been paid in full. Please note, the Trustee can be substituted at any time during the life of the loan. '' From the origination of my Countrywide loan on XXXX, XXXX, XXXX until XX/XX/XXXX the Trustee of the loan was the law firm of XXXX I. XXXX, XXXX. On XX/XX/XXXX Bank of America drafted documents switching the Trustee to XXXX XXXX XXXX XXXX XXXXXXXX who stated on XX/XX/XXXX in response to a complaint I filed with the Consumer Financial Protection Bureau : " Re : Case Number XXXX ; XXXX XXXX XXXX the Consumer ) and XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX the Property ) To whom it may concern : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX formerly known as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has completed its research of Case XXXX. Our research shows that the Property secures a mortgage loan ( the Loan ) serviced by Bank of America , N.A . ( the Master Servicer ) held in XXXX XXXX XXXX XXXX XXXX XXXXXXXX, Mortgage Pass-Through Certificates, Series XXXX ( the Trust ). XXXX XXXX acts as the trustee for the Trust but does not service or have the authority to service the Loan. The Master Servicer is the party who is required to service the Loan, which includes, among other things, determining whether to modify, or respond to Consumers concerns related to, the Loan. The Master Servicer has advised that any questions concerning its servicing decisions related to the Mortgage Loan be addressed to XXXX and that any written communications be addressed to its Office of the CEO and President, XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. Please update your records to reflect the Master Servicer as the appropriate responsible party to respond to the Consumers concerns. '' XXXX XXXX XXXX, XXXX, of the law firm of XXXXXXXX XXXX XXXX, XXXX agrees that his firm was the trustee until XX/XX/XXXX and that he is now representing Bank of America with respect to my Mortgage ( which is now now in a held in XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX From XX/XX/XXXX until XX/XX/XXXX the Mortgage was not connected to XXXX XXXX XXXX XXXX XXXX and was not Part of the XXXX Countrywide XXXX XXXX XXXX XXXX XXXXXXXX from XXXX. Note : XXXX XXXX does not address this " back dating '' of my mortgage. XXXX XXXX 's telephone numbers are : ( XXXX ) XXXX and ( XXXX ) XXXX. While his firm is no longer the Trustee he is representing Bank of America who is now the Master Servicer. Bank of America is making all decision about how to proceed with my loan and statements to me over the phone by Bank of America staff that they are only doing what the XXXX XXXX XXXX XXXX XXXXXXXX requires are contradicted by XXXX XXXX XXXX XXXX XXXX above statement to me in respoonse to my complaint to the CFPB. Additionally, XXXX XXXX of Bank of America wrote in her XX/XX/XXXX response : " The foreclosure process resumed once the Homeowner Assistance Fund ( HAF ) expired on XX/XX/XXXX. Bank of America has not received any information from the HAF agency in regard to your loan. Please understand, that the HAF letter you submitted on XX/XX/XXXX, is not a Third Party Authorization ( TPA ) form. Additionally, the state has not reached out to Bank of America with a XXXX, which prevents us from reaching out to them for a status update. Please contact the XXXX XXXX XXXX XXXXXXXX agency directly to obtain a status update on your approval for the program. '' According to XXXX XXXX, XXXX, who represents Bank of America, I have provided him the correct HAF letter and am not in foreclosure or steps towards foreclosure are on hold because of the XXXX letter. Bank of America can read about XXXX here : XXXX XXXX XXXX Note : XXXX XXXX has also not addressed the main issue I raised in my XX/XX/XXXX Complaint to the CFPB which is : " I have a Countrywide Mortgage that originated in XXXX.Bank of America services the mortgage for XXXX XXXX XXXX XXXX XXXXXXXX ( as of XXXX ) XXXX XX/XX/XXXX I received the attached response from Bank of America which was also sent to The Consumer Financial Protection Bureau responding to my complaint in case number : XXXXThe fifth paragraph of the letter from XXXX XXXX XXXX, Resolution Specialist, Regulatory Complaints states : '' During a telephone conversation on XX/XX/XXXX XXXX I discussed that in order to be approved for a payment deferral, your loan must be no more than 18 months past due. At the time of the call the loan was paid through the XX/XX/XXXX installment and didn't qualify as it exceeded the deferral program requirements.In XXXX of XXXX I made four full payments of {$4600.00} to bring the payments down to 17 months past due and in the beginning of XXXX I made an additional full payment of {$4600.00} to keep the payments at 17 past due.The customer service representatives I spoke told me me that I would be approved for a deferral of the 17 months of payments that were allowed to be put into forbearance during the XXXX period and that they would be tacked onto the back of the mortgage as a balloon payment.I relied on those statements and statements of XXXX XXXX XXXX when I made the four payments.If a Bank of America employee from the Regulatory Complaints Department makes a statement in a letter responding to a complaint the consumer has filed with the Consumer Financial Protection Bureau and the consumer relies on that statement and then Bank of America should honor those statements. As of today 's date, Bank of America has has not deferred the 17 months of Covid-19 forbearance. If Senior management at Bank of America wants to resolve this issue by honoring their statements to me in response to my complaint to the Consumer Financial Protection Bureau ( XX/XX/XXXX letter attached ) I am happy to bring the payments down to XXXX past due, as I have written XXXX XXXX however Bank of America keesp returning payments to me and have frozen my account and even created a fake bank account with a negative {$4.00} in it. According to XXXXXXXX XXXX ( In the XXXX XXXX Bank of America case XXXX XXXX XXXX XXXXXXXX ) " After the Sundquists petitioned CFPB about the case, Judge XXXX wrote that BofA lied to the agency by denying that they ever foreclosed. '' The oppression of the Sundquists can not be chalked off to rogue employees betraying an upstanding employer, '' XXXX XXXX wrote. " This indicates that the engine is driven by direction from senior management. '' He even added that the misconduct of the XXXX 's office " strayed across the civil-criminal frontier. '' The full case is here : XXXX XXXX XXXX In conclusion, this is a never ending XXXX towards foreclosure which Bank of America can resolve, if they want, by honoring their Statements to me ( in their XX/XX/XXXX letter, attached ) in response to the Complaint I made to the Consumer Financial protection Bureau XXXX Their return of payments, blocking access to my online account, creating a fake banking account with a {$4.00} negative balance and sending their employees and/or agents to my house to knock loudly on the door, shout loudly, leave door hangers and possibly hide in the bushes, and possibly block my rear driveway with an idling car are violations of my rights under the Fair Debt Collection Practices Act and should not be allowed. Sending employees and/or agents to my house is stalking and harassment and is unreasonable given all of the above facts.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DC
Zip: 200XX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I tried opening an account with XXXXXXXX XXXX and while opening it, they restricted my account before i could use it at all. I called to see what the issues were and they transferred me to XXXX XXXX XXXX so i could find out what's going on and what's the reason for this to be happening. XXXX XXXX XXXX sent me a disclosure on the reason why I've been restricted to my account and as i look at the report I'm very furious, upset, and mortified at such thing I've been a victim of fraud and identity theft i don't recall opening that many accounts and I would never do such a thing. The account that i don't recall opening that's showing on my report are BANK OF AMERICA, XXXX XXXX, BANK OF AMERICA GEORGIA, XXXX XXXX XXXX, and. Now I'm stuck with this outrageous problem that will probably cause me some trouble in the future. Could you guys please give me a call back at ( XXXX ) XXXX please and thank you because i really need to get this mess resolved immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 302XX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Back in XXXX, my husband and I were behind on our mortgage with Bank of America, I did a quick deed and my home was put in my name, Bank of America did nothing to help us, they transferred our loan to another Mortgage Company who helped me stay in my home, my husband passed away in XXXX. I have been current on my mortgage, I went to refinance my present mortgage and was devastated to find out I owed Bank of America XXXX! I was shocked and depressed over this and I am close to XXXX XXXX XXXX, Why wasn't I informed about this? Nothing was ever sent to me in the mail, why in the world wasn't this amount transferred to my new mortgage company?? I keep getting letters addressed to my late husband 's name, my name is no where on this letter, I am so confused and upset, I will never be relaxed about this hanging over my head, I am ashamed to tell my children, I called several places to no avail, if a Bank transfers your loan to a new servicer why would you not include this? A lot of people are telling me something is wrong somewhere when they transferred my loan to my new mortgage company, please look into this for me, I Truly believe that Bank of America charged me outrageous fees back then, please clear this up for me? My XXXX big question is if they transferred my old loan for XXXX which is what I owed Bank of America why do I owe a partial claim for XXXX? Something has to be wrong with my situation.Thank you for listening.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I HAVE TRIED TO ADDRESS THIS ISSUE WITH YOU SEVERAL TIMES BANK OF AMERICA FORGED DOCUMENTS WHEN REFININACING MY LOAN AND LIED ABOUT OUR FINANCIAL STATEMENT IN ORDER TO APPOVE THIS LOAN WITHOUT OUR KNOWLEDGE. I HAVE FILED 2 COMPLAINTS WITH YOUR AGENCY WITH NO HELP FROM YOU AT ALL! WE HAVE NEVER RECIEVED A RESPNCE FROM BANK OF AMERICA THEY CALLED AND SAID THEY SOLD THE LOAN SO IT IS NO LONGER THEIR ISSUE, WHEN THEY FORGED THE DOCUMENTS, IT WAS WITH BANK OF AMERICA. IF YOU CAN NOT HELP CONSUMERS AGAINS FRAUD FROM BANK AND THEIR LOANS THEN WHO CAN? WHO HAVE DONE ABSOLUTLY NOTHING ABOUT BANK OF AMERICA COMMITTING FRAUD!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 34771
Submitted Via: Web
Date Sent: 2023-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: On XX/XX/XXXX, I filed a fraud claim with Bank of America totaling {$11000.00}, since this date, I have been given the run around with no help from the bank, no provisional credit has been given to help me pay for my bills and I have called and complained multiple times with no answers. On XX/XX/XXXX, I received a letter from Bank of America stating that no error had occurred on the account and the claim had been closed. At this time, I was on vacation so I did not receive this letter until I was back in town. On XX/XX/XXXX, I reopened the fraud claim with Bank of America and was told I would get a provisional credit within 10 days. This did not happen. At this time, I also filed a police report with XXXX XXXX XXXX XXXX. Case number XXXX was handed to XXXX XXXX XXXX XXXX XXXX. On XX/XX/XXXX, I wrote and submitted a notarized letter to Bank of America with the facts of the case and my witness statement as well as a copy of the police report via fax machine. On XX/XX/XXXX, I called Bank of America and asked for an update on when I should be expecting an outcome or my provisional credit to appear. The associate I spoke with told me she could not assist me and told me to go to my local churches for help with bills. This was highly insulting to me and was not an acceptable answer. On XX/XX/XXXX, I called the bank back with a friend of mine who is high up in the banking industry and he advised me on some verbiage to use. This did not help and I was again given the run around. On XX/XX/XXXX, I still hadn't heard anything so I went to the Bank of America XXXX in XXXX, TX to see if they might be able to help assist me. I had the pleasure of speaking with the manager there, XXXX XXXX, and she called the fraud dept to see if she might be able to get some answers. She was then transferred to existing claims to a XXXX from FL who gave her a hard time in the beginning. XXXX was told that the claim was pending escalation. XXXX had XXXX submit another escalation claim for the provisional credit and said I should hear back within 24-48 hours. On XXXX ( today ), I received an email stating my claim had been closed and I had been credited {$81.00}. This was insufficient and unacceptable. I called Bank of America immediately to demand they reopen mt claim and give me the credit that is rightfully mine. XXXX from TX, informed me that the claim had been closed because it had been moved from existing claims to escalation claims and it was still under review. I then asked where my provisional credit was so I can pay my bills and he said he could make a " hardship claim '' and that I should hear something with in XXXX hours. Due to regulation E, the client is supposed to heard back from the bank with in 10 business days and I had not. I had not received a letter, email, notification or credit. This behavior from the bank is completely unacceptable and I demand to be given my money back. Bank of America has done nothing but stall, waste my time and keep me in the dark about the facts of the case. I never got an answer as to what proof they had that the charges were or weren't fraudulent when XXXX XXXX said the claims were clearly fraudulent and refunded my money immediately. How is it possible that XXXX bank sees somethin the other doesn't and is giving me such a hard time. This is borderline DISCRIMINATION and I will not stand for it. I will do whatever it takes to get my money back this this bank is keeping from me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75056
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX my wife and I were discussing our mortgage payments, balance, and interest paid year-to-date XXXX. While looking at our most recent Bank of America ( BAC ) mortgage statement ( XX/XX/XXXX statement ), we noticed that we'd paid more interest thus far in XXXX than we did during the entire XXXX year. We also noticed in the statement that the next payment due was not until XX/XX/XXXX. Upon further investigation on our part, we discovered that the overpayments that we had been forwarding to BAC were NOT being applied to the principle of the loan balance. In a conversation with their mortgage customer service representative, we subsequently learned that the over-payments were being applied to future payments. We explained that with each over-payment, there were written instructions for the over-payment to be applied towards principal balance. We also explained that we had no intentions of pre-paying future payments and interest that had not yet been accrued. We have spoken with a number of BAC mortgage representatives at this point, who've all cited that it's their policy to apply overage payments to future payments. In our attempts to rectify this issue, we have instructed the bank to forward a full payment history for our mortgage account, that demonstrates payment allocation for principal, interest, fees; including the application of any payment overages. After a conversation with the bank, we were instructed that BAC would apply the additional payments towards the principal loan balance. In an online statement we viewed on XX/XX/XXXX, we were able to confirm that the additional payments were applied to the principal, and the principal had been reduced. We asked BAC to confirm whether any interest that we inappropriately paid due to the misapplication of our payments be refunded and applied to the principal as well. We are still not sure if that has been applied correctly ; thus they have agreed to forward a full payment history and amortization schedule. Our concerns are the misapplication of payments intended for reduction of principal balance, deceptive practices by BAC as they did not previously nor beforehand explain their policy in applying overage payments of our mortgage towards future payments, BAC ignored written instructions on each payment they received from us to apply overage payments to the principal balance, and BAC 's inappropriate practices proactively worked to inhibit the early payoff of our mortgage loan. We are filing a formal complaint against Bank of America and their inappropriate practices that work to inhibit early payoffs for mortgage loans. We also want to issue a formal complaint that Bank of America proactively worked against our original mortgage agreement that explains no penalty for early payoff.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 18901
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: I deposited a tax refund check from the federal government ( IRS ) into a Bank of America estate checking account yesterday, XX/XX/23. I was told the funds would be available today, the next business day. This was also the information that was shown in the mobile app. I check the account this morning and found that the bank had put a 10 day hold on the check. I called the bank and was told the bank was trying to verify the funds. I explained to the customer service that the check is a tax refund check drawn on the Federal Reserve Bank and that the funds are supposed to be made available the next business day. Bank of America will not remove the 10 day hold. I also requested an image of the check and was told that the image was unavailable.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19148
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: XX/XX/XXXX deposited two legitimate checks drawn from XXXX XXXX into my checking account. An extended hold ( 11 days ) was placed on the deposits, citing " check specific information '' that the checks may be returned. XX/XX/XXXX Visited the local BoA branch to find out what was the holdup, no one could tell me what the " check specific information '' was. Called XXXX, and in the presence of the branch manager, was told that the checks were indeed legit. Told that my account was now " under review. '' Left the bank and tried to make a purchase with my debit card and got declined twice. Returned to the bank and told that my account was frozen while under review. Could not access funds in my account until the hold was lifted, XXXX hours was the estimate. These funds were in my opinion being illegally withheld, as they were existing well before the deposits in question. XX/XX/XXXX Went back to the branch, got an email that morning from BoA stating that my phone # was deleted and could no longer use XXXX because " the account was closed. '' Associate had no idea why that was sent. Still waiting for BoA to resolve, unbelievably bad customer experience. I'll be closing my account ASAP after this is resolved.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 330XX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: I have received a temporary dispute and am being asked to provide a 2nd opinion letter which is impossible for all intents and purposes. Please see the attached correspondence.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Incorrect exchange rate
Subissue:
Consumer Complaint: An international wire transfer was posted on my account, having an exchange rate of XXXX as opposed to exchange rate of XXXX. I was incurred of the wire fee of {$25.00} but with the exchange rate I was over charged 10 %.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 07083
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A