BANK OF AMERICA, NATIONAL ASSOCIATION

2016-09-19

MA

Identity theft / Fraud / Embezzlement

Credit card:

Complaint: My husband and I noticed charges made to our credit card account that : 1 ). We did not make 2 ). We did not authorize 3 ). We believe is fraud
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Wonder Lake, IL

Closing/Cancelling account

Credit card:

Complaint: I have been trying to cancel a XXXX credit card from Bank of America, and request annual fee refund. When I initially called, Bank of America associate ensured me that my card will be cancelled, and the recently charged annual fee will be refunded. The card appears to be cancelled, however the balance for the annual fee still appears in my statement. I have attempted to call twice already, and both times the wait time exceeded 40 minutes. I tried to submit the request online, but received a message that these types of requests have to be taken care over the phone. I am calling again today, still on hold.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with monetary relief

Disputed: No Timely Response

2016-09-19

Alta Hill, CA

Late fee

Credit card:

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Asheville, NC

Loan modification,collection,foreclosure

Mortgage: Home equity loan or line of credit

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Atl, GA

Problems caused by my funds being low

Bank account or service: Checking account

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Atl, GA

Taking/threatening an illegal action

Debt collection: Credit card

Sued w/o proper notification of suit
Complaint: I was sued by XXXX XXXX XXXX for an invalid debt XX/XX/XXXX. Court log states that I was allegedly served on XX/XX/XXXX at XXXX. I was never served for this case. In fact at that time on that day in XXXX I was at XXXX University conducting my XXXX from XXXX to XXXX. I then would have gone to babysit my friends kids so she could go to work and not return home till the next day. It is impossible for them to have served one of my neighbors in a case of mistaken identity because I am a XXXX female and at the time was XXXX, my neighbors were a XXXX male XXXX, an XXXX couple XXXX, and an XXXX couple. I feel any descriptive information that could have been provided regarding service was from their serving me for another case XX/XX/XXXX. In addition to having not been served, the debt purchased by Portfolio Recovery was Invalid at the time it was sent to collections as it violated a contractual agreement between myself and Bank of America regarding a 6 month account " freeze '' to protect my account while I was in Massachusetts attending college and unemployed because my son was diagnosed with XXXX. A huge portion of this debt was encurred as a result of late fees garnered during this period while I was under the impression that my account was frozen. The late fees were then combined with over the limit fees. Additional fees were then added on when the debts were sold from agency to angency all of which sent the XXXX ( XXXX? ) dollar original credit limit to XXXX! I was never able to rectify this discrepancy because when I came back from Massachusetts to find my accounts had gone into default and were sent to collections agencies the account had been sold and resold so much i was unable to identify the agency that had it till I was contacted by XXXX XXXX XXXX prior to their threats to sue. This is reflective of XXXX XXXX XXXX pattern of purchasing debts which they knew were invalid and unenforceable and intimidating consumers with the intent to garner default judgement. XXXX XXXX associates never provided me any information verifying the debt when I previously requested it during a phone call. I was told by an agent that I had to prove it was invalid and when I asked for the account information I was told they did not have the account information from bank of america that would show the arrangements for the freeze.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Spring Hill, FL

Account opening, closing, or management

Bank account or service: Other bank product/service

Complaint: About 15 yrs ago my husband and I invested XXXX with Merrill Lynch in XXXX Ct. The advisor 's name was refered to us. We had saved our money and wanted to invest. About less than 2 months later when I called to check in on our stocks he told us that we had lost everything! We were horrified! We did go into his office and now looking back he spent about 5 minutes with us telling us well that 's the risk that you take when you invest. That he bought internet stocks at the highest amount and then it fell. Looking back we were so young and foolish. We should have pressed him for more info or ask to see paperwork. A few years ago I heard that he was known around town for not being very honorable with his clients. A few months ago while speaking to a family member who is businessman in CT mentioned that this just did not sound right. He suggested that I call up Merrill Lynch and see if I can find a paper trail. Well I did last month and they told me that they have no record of us. They searched by social security numbers, names and address. They said that they do not keep records that long ago. I explained my story and once I mentioned his name I was shut out. They told me that it was up to me to find a statement. All I want is my peace of mind that this guy did invest our money. I do n't understand why he waited for the account to become XXXX or for me to have to call him. I am asking for you to look into this for us. I am not looking to complicate things for him. I know that he is with XXXX XXXX now. I just feel that Merrill Lynch has not done their due diligence to help us. We do not want to be foolish again. Thank you for any help that you can give us.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2016-09-19

MN

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Mortgage Fraud, defective title, defective mortgage, inflated appraisal. The mortgage companies appraiser partially retired, showed up extremely intoxicated falling on our side walk gashing his head before the appraisal took place, after providing him with a wash cloth, the appraisal was cut short and not complete or accurate. Mortgage was bought and sold without my knowledge several times each time the amounts owed would be different, I have kept the documents through the years. Over a year ago it came to my attention that the title was defective, the house is on the middle lot which is not listed or a on the mortgage. I notified the mortgage company of this error and after no response I filed an motion in court to have the defective mortgage dismissed, the mortgage company did not follow through with this. Now more than a year later they have filed in court to have the mortgage reformed and for foreclosure, I lost my job of 20 years and have not been able to find on since and am very behind in payments. The forclosure notice was not served the mortgage company has asked for the court proceedings to be put on the fast track which denies a trial and evidence or witnesses, this proceeding is complex with many documents of evidence and facts not appropriate for the fast track " XXXX '' also known as the fast track to injustice as your right to a trial and to be heard are denied, justice denied. The mortgage is defective, it was brought to their attention over a year ago. The appraisal was inflated, the chain of command of the title is fraudulent and payments and insurance payments were not properly applied throughout the years. The mortgage company never paid the taxes on the middle lot as they did on the other XXXX lots, they only paid the taxes on the XXXX lots listed on the mortgage. Violation of Unfair and Deceptive Trade Practices Act. a ) Failing to promptly and/or properly pay taxes or insurance premiums when due, so that the maximum tax discount available to Defendants could be obtained on Defendants ' property and so that insurance coverage on the property would not lapse. b ) Failing to provide Defendants with an annual statement of the escrow account kept for payment of taxes and insurance. Charging excessive fees and making payments of fees to parties not entitled to receive them. TILA Rescission. The mortgage and note which are the subject of this action have been rescinded and therefore the mortgage ( s ) and note ( s ) are void. Unclean Hand. Plaintiff has unclean hands due to its actions described below and therefore is prohibited from obtaining equitable relief of foreclosure. As a matter of equity, this Court should refuse to foreclose this mortgage because acceleration of this note would be inequitable, unjust, and unconscionable. Plaintiff has waived the right to acceleration due to intentionally misleading and reckless conduct for which it is liable Lack of Jurisdiction. It appears on the face of the complaint that a person other than the Plaintiff was the true owner of the claim sued upon at the time this action was filed and that the Plaintiff is not the real party in interest and is not shown to be authorized to bring this foreclosure action. ( middle lot with house is still in my name only and not listed on the mortgage ) I was never served the documents : Failure to Provide FDCPA Notice. Plaintiff brought this action without providing notice to Defendant of Defendant 's right to dispute the debt, pursuant to the Fair Debt Collection Practices Act. As indicated in the Notice attached to the Complaint, filed XX/XX/XXXX, but not served upon Defendant until XX/XX/XXXX. Plaintiff is required to notify Defendant, pursuant to 15 U.S.C 1601, et seq., that Defendant may dispute the debt and Plaintiff is required to provide verisifcation fo the debt. Mortgage and/or its agents made false statements
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2016-09-19

Allingtown, CT

Communication tactics

Debt collection: Credit card

Threatened to take legal action
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Interchange Square, FL

Transaction issue

Credit card:

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

Disputed: No Timely Response

2016-09-19

Bryan, TX

Communication tactics

Debt collection: Credit card

Threatened to take legal action
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Alta Hill, CA

APR or interest rate

Credit card:

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

PA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: Sveral months ago XXXX sold my mortgage back to Bank of America. I had previously fought with BOA with an attorney for 2 years unitl they gave the loan to XXXX.XXXX and I resolved the mortgage and a contract was drawn up changing my interest and payments to {$780.00} per month for 40 years and they would pay the taxes. This contract was signed by the VP of XXXX and myself as bonding as it was negotiated between attorney 's. Within 2 months of BOA taking the loan back they started adding fees for taxes, their attorney 's payments and insurance running the monthly mortgage payments over {$1100.00} per month and climbing. They refuse to acknowledge I have home owners insurance and requested to pay the taxes myself. I was never contracted to pay for their attorney 's fees as I paid for my own fighting with them and their repeated lies. Their unlawful demands are now hurting my credit. I owe {$190.00} on a home valued at approximately {$130.00}. And am ordered to pay the bank {$54000.00} cash when I turn XXXX years of age. I have been a XXXX for 32 years and am currently working for XXXX in XXXX, Pa.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2016-09-19

Fort Worth, TX

Account opening, closing, or management

Bank account or service: Checking account

Complaint: My Bank of America checking account was overdrawn due to a charge on my account of {$36.00} from XXXX on XXXX/XXXX/2016. A subsequent overdraft fee of {$35.00} was assessed on XXXX/XXXX/16 for the charge of {$36.00}. However, an extended overdraft fee of {$35.00} was assessed on XXXX/XXXX/2016. I explained to the representative that this was not explained to me when I opened the account nor does it show in the Bank of America terms. I spoke with Bank of America rep XXXX on XXXX/XXXX/2016 and ask if this fee could be waived as a courtesy but she refused, only stating that an email was sent to me on XXXX/XXXX/2016 advising me that my account would be assessed an extended overdraft fee if the negative balance was not cleared up. I advised her that the only emails I was receiving from Bank of America were advertisement for money management services. I ask to speak with a member of management to which I was connected to XXXX. I explained my situation to her as well and she in turn told me the same thing and refused to assist me. I explained that I wanted to make a deposit to clear up the account today but refused to pay an extra {$35.00} to Bank of America for information that was not communicated to me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with monetary relief

Disputed: No Timely Response

2016-09-19

Pinellas Park, FL

Loan modification,collection,foreclosure

Mortgage: Home equity loan or line of credit

Complaint: I told XXXX XXXX that Bank of America was sending me statements and asking for loan moneys on a rental house that was discharge in Bankruptcy court on XXXX XXXX, XXXX five years ago and the house was sold through the Bankruptcy Court. I told XXXX that the bank had been asking for the money and I have been telling them the same thing for 5 years that I received a discharge and the house was sold through Bankruptcy Court. I told her the discharge prohibits any attempt to collect from the debtor a debt that has been discharged and it 's against Federal law. XXXX looked into the matter last year and had a search on XXXX, Florida XXXX. XXXX told me that she found the discharge on XXXX/XXXX/XXXX and the Liability, total debt was discharge and no money was old on the account : XXXX. XXXX said the bank will stop sending statements which ask moneys from me. However, the statements stop but started back and asking for moneys. Also, I received statement asking for money on the Account : XXXX up until I received my XXXX statement. On XXXX/XXXX/XXXX ; Bank of America send me a letter saying my account : XXXX and payment address are changing and the new Account No. : XXXX. I received the XXXX XXXX statement with the new Account number : XXXX showing the money due on the account. However, it says ; If you do not want us to send you monthly statements in the future, please contact us at XXXX. This statement is being furnished to you for information purposes only. I called the number on XXXX/XXXX/XXXX ( call XXXX 10.14 minutes ) and asked them stop sending me the statements and asking for money. I received a Bankruptcy discharge and the house was sold 6 years ago. She was going to put a request to stop sending me the statements. I received another statement, reflecting how much money owe. I called on XXXX/XXXX/XXXX ( call XXXX/21.44 minutes ) and spoke with XXXX. I was told last month that the bank statements reflecting moneys owed would stop. XXXX told me that the account was open and equal line money is still do on the XXXX, Florida rental house. I explained that the rental house was discharge in Bankruptcy Court, the debt and the house was sold in XXXX. She said the statement will stop. I called on XXXX/XXXX/XXXX ( XXXX 57.14 minutes ) I called the number on the new statement to stop sending me the statements and asking for moneys. I spoke to 3 different persons and 2 said I need to Opt out on the statements and one person could n't do it and send me to the second person who could n't do it. Then I was sent to a 3rd person, XXXX, who said I would get the statements forever and I he could n't opt me out but he would send me to the right person, number four. I waited and no one answered the phone. I called the number again ( XXXX 36.09 minutes ) and spoke with XXXX. I explained the situation and she said I could n't opt out on the statements but it has to be suppress. I told marry that the Federal Bankruptcy Discharge letter said it 's prohibited to ask for money for a discharge debt and it 's illegal. She looked into the Bankruptcy procedures and find found my Chapter XXXX discharge. She submitted a request to suppress the statements and the completion date is XXXX/XXXX/XXXX. She said, " I read my coworker 's notes, XXXX, on XXXX/XXXX/XXXX and she did n't put a request in to stop the statements ''. Finally, on XXXX/XXXX/XXXX, I received a certified letter and a second letter from Bank of America. New Account number:XXXX, Notice of Intent to Accelerate {$28000.00}. They said I can Full Payoff my loan in full by selling my property for any amount equal to or exceeding the total amount owed on my loan, or I may refinance my loan. Also, Repayment plan, Loan Modification, Short Sale or Deed In Lieu of Foreclos
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

Seneca, SC

Application, originator, mortgage broker

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: The problem I have is with the closing of my loan. Bank of America ended up missing my closing date of my loan twice. It was originally set for Wednesday but missed. Then I was told it would be Friday but it was also missed. We finally closed on a Monday but I was not at all happy with the process. BOA had my mortgage application for 45 days. I feel they were late because of multiple changes in the assigned loan processor ( we had XXXX! ) and that they changed my mortgage loan officer from the original one I locked my loan with to another one over 3 hours from us! Originally, I planned on having the mortgage only in my name since we knew my credit score was better than my wife 's score. We were doing a conventional loan but still needed to do PMI because we could not manage the XXXX % down payment. If the loan officer had been willing to communicate with me how the debt/income ratios were calculated for an ARM as opposed to the fixed rate I would have gone with the fixed rate instead of the ARM. We ended up paying way too much on PMI because of this lack of communication and because we had already missed our closing date twice before I found out about this requirement I could n't change to the fixed rate. Also, because they changed mortgage officers on me I feel like I was not given what I was promised with the interest rate we received at closing. I was told at the time I locked my rate that if it came down the mortgage rate would be reduced to the current market rate at closing. This did not happen even though the rate dropped 3/10ths of a percent. My loan was passed around. I dealt with people in multiple states, told that loans payments from previous loans paid off still had to count against my debt/income ratio and had all sorts of issues with the loan processors. All of which I believe benefited BOA and they got what they wanted which was more PMI payments and a higher interest rate at my closing. I feel like the incompetence and miscommunication with BOA caused me over {$100.00} a month in addition PMI and interest charges. I have never been so mistreated by a bank before in my life. I want this to be filed against them and I hope it will make them change the way they treat their customers. BOA admitted they did us wrong and mailed me a check for {$500.00} as an apology. That is right, they sent us a check and said sorry we missed your closing not once but twice and that we screwed up you loan! But the grief they put me and my wife, realtor and the sellers through was not worth going through the process with them! They caused us to get into our house late, miss our movers ( they could not reschedule ) and made us move the day before my wife started back to school as a teacher instead of having a week to get settled. It caused harm with the sellers too. This bank should not be allowed to provide mortgages to the public as far as I am concerned. They are a dysfunctional group that does n't care about their customers. They have big money and think that if they send you a few hundred dollars for their mistreatment they can get away with doing whatever it takes to make themselves the biggest bank!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-19

West Newfield, ME

Balance transfer

Credit card:

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-18

Cheverly, MD

Settlement process and costs

Mortgage: Conventional fixed mortgage

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2016-09-18

Chino Hills, CA

Making/receiving payments, sending money

Bank account or service: Checking account

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

Disputed: No Timely Response

2016-09-18

Boulder, CO

Late fee

Credit card:

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2016-09-18

Granada Hills, CA

Using a debit or ATM card

Bank account or service: Checking account

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

Disputed: No Timely Response

2016-09-18

Savannah, GA

Making/receiving payments, sending money

Bank account or service: Checking account

Complaint: I have reason to believe and the Bank of America manager near me can prove that someone within BOA is stealing from them.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-18

VA

Account opening, closing, or management

Bank account or service: Other bank product/service

Complaint: On XXXX/XXXX/16, I received a call from a representative of Bank America. Her name was XXXX. She informed me that an unknown person in Florida had applied for and was issued a XXXX with XXXX XXXX. I did not apply for nor authorize such a card. A charge of {$2100.00} was approved. Attempted charges with XXXX in the amount of {$2800.00} was declined. My address on the record in XXXX XXXX XXXX XXXX. Why would Bank America issue a card to someone in Florida without contacting me about the different address.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-18

Chicago, IL

Settlement process and costs

Mortgage: Other mortgage

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-09-18

Spokane, WA

Problems caused by my funds being low

Bank account or service: Other bank product/service

Complaint: I am writing on the behalf of my Grandmother 's trust account with the Bank of America. I have watched over the past 6 plus years as this account has continued to climb during the good markets times, yet continually declines in interest payments. There have been absolutely no gains or increases in the payments, yet they have made significant gains. I have saved all letters and statements and have never seen such. I have been an RN case manager in the Medicare arena for over 8 years. Unfortunately, my father has since passed. I ca n't help but think about the fact that if he were still with us, he would now be living on less than $ 600/month from a $ XXXX trust fund. I question how many others are now struggling to survive on the trust that was set up to take care of them for life! It seems to me that the Bank of America is acting in the interest of themselves, rather than the beneficiary. Thank you in advance for any guidance with this concern. XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response