Total Complaints 47,734 since 2012 · #2 of 76
Timely Response 97.8% avg 99% across top 76
Closed w/ Explanation 71.5% most common resolution
#1 Issue 52.1% Loan modification,collection,foreclosure
Disputed Rate 19.5% of complaints disputed by consumer
Enforcement Actions 1 $12.0M in penalties
Key finding: BANK OF AMERICA, NATIONAL ASSOCIATION has paid $12.0M in CFPB penalties across 1 enforcement action. Their 47,734 complaints rank #2 out of 76 servicers, with "Loan modification,collection,foreclosure" accounting for 52.1% of borrower grievances.

Contact Bank of America

📞
Loss Mitigation 1-800-669-6650 Dedicated line for hardship, forbearance, and loan modification
📱
General Customer Service 1-800-432-1000
📨
Loss Mitigation Mailing Address Bank of America Home Loans, TX2-977-01-03, PO Box 961206, Fort Worth, TX 76161-0206
📝
QWR / Notice of Error Address Bank of America Home Loans, TX2-977-01-03, PO Box 961206, Fort Worth, TX 76161-0206 Send Qualified Written Requests and Notices of Error here — federal law requires a response within 30 business days
📂
NMLS ID #535180 Verify licensing status on NMLS Consumer Access

Contact information verified 2026-03-16. If any details have changed, file a CFPB complaint if your servicer is unreachable.

How BANK OF AMERICA, NATIONAL ASSOCIATION Compares

BANK OF AMERICA, NATIONAL ASSOCIATION's timely response rate of 97.8% is below the 99% average across the 76 largest servicers. Their most common complaint category — "Loan modification,collection,foreclosure" at 52.1% — differs from the industry-wide leader ("Trouble during payment process"), with a higher concentration than the 39.8% servicer average. Complaint volume rose 7% between 2024 and 2025.

The CFPB has taken 1 enforcement action against BANK OF AMERICA, NATIONAL ASSOCIATION, resulting in $12.0M in penalties. Ranked #2 by complaint volume and #57 for timely response rate out of the 76 largest mortgage servicers tracked by American Default.

Complaint Volume Over Time

Annual CFPB complaint volume for BANK OF AMERICA, NATIONAL ASSOCIATION from 2012 to present.

Recent Monthly Trend

Monthly complaint volume over the last 24 months.

Top Complaint Issues

Issue Count Share
Loan modification,collection,foreclosure 24,846 52.1%
Loan servicing, payments, escrow account 9,191 19.3%
Trouble during payment process 3,458 7.2%
Application, originator, mortgage broker 2,471 5.2%
Struggling to pay mortgage 2,349 4.9%
Settlement process and costs 1,332 2.8%
Applying for a mortgage or refinancing an existing mortgage 1,284 2.7%
Other 922 1.9%
Credit decision / Underwriting 806 1.7%
Closing on a mortgage 765 1.6%

How BANK OF AMERICA, NATIONAL ASSOCIATION Responds

BANK OF AMERICA, NATIONAL ASSOCIATION closes 71.5% of complaints with an explanation — meaning they responded but did not necessarily fix the borrower's issue. 3.7% of complaints resulted in monetary relief to the borrower, which is notably above average. 15.6% received non-monetary relief such as account corrections or fee waivers. Borrowers disputed 19.5% of BANK OF AMERICA, NATIONAL ASSOCIATION's responses — above the 8.7% industry average, indicating more borrowers felt their complaints were inadequately addressed.

Response Type Count Share
Closed with explanation 34,145 71.5%
Closed with non-monetary relief Non-monetary fix 7,444 15.6%
Closed without relief 3,434 7.2%
Closed with monetary relief Consumer got money 1,778 3.7%
Closed 741 1.6%
Untimely response 84 0.2%
Closed with relief 75 0.2%
In progress 33 0.1%

Top States by Complaint Volume

CA
9,411
FL
5,540
GA
2,709
NY
2,539
TX
2,286
View all 60 states
State Complaints
CA 9,411
FL 5,540
GA 2,709
NY 2,539
TX 2,286
NJ 2,020
MD 1,765
NC 1,552
MI 1,465
IL 1,459
VA 1,419
PA 1,238
AZ 1,206
WA 1,106
MA 1,048
OH 908
CO 712
NV 657
CT 655
MO 637
TN 618
OR 565
SC 465
MN 452
NH 427
WI 417
IN 317
AL 315
LA 277
DC 244
UT 243
KY 234
HI 229
DE 225
OK 200
KS 192
NM 185
AR 184
ME 183
MS 156
ID 132
RI 117
IA 100
VT 78
NE 65
MT 61
AK 54
WV 50
WY 38
SD 21
ND 16
AE 14
AP 12
PR 9
FM 4
GU 3
MH 2
VI 2
MP 2
AS 1

BANK OF AMERICA, NATIONAL ASSOCIATION's complaints concentrate in California (9,411), Florida (5,540), and Georgia (2,709). These three states account for 37% of all complaints, suggesting heavy market presence in these regions. If you're dealing with BANK OF AMERICA, NATIONAL ASSOCIATION in one of these states, check your state's foreclosure laws — protections vary significantly.

CFPB Enforcement Actions

2023 $12M consent order

Ordered to pay for routinely failing to collect required demographic information from mortgage applicants, violating the Home Mortgage Disclosure Act for years 2018-2022.

Legal History

Bank of America appears in 5 legal cases tracked by American Default, including federal enforcement actions, DOJ settlements, state attorney general actions, and class action lawsuits.

Federal Enforcement

2023 Consent order — $12M

CFPB v. Bank of America, N.A.

Ordered to pay for routinely failing to collect required demographic information from mortgage applicants, violating the Home Mortgage Disclosure Act for years 2018-2022.

https://www.consumerfinance.gov/enforcement/actions/bank-of-america-na-hmda-data-2023/

2012 Penalty — $164M

OCC Civil Money Penalty — Bank of America

OCC imposed civil money penalties on major national bank mortgage servicers coordinated with the National Mortgage Settlement. Bank of America's share was $164 million for unsafe and unsound foreclosure practices.

OCC NR 2012-20, Feb. 9, 2012

DOJ Settlement

2014 Settlement — $16.65B

United States v. Bank of America — RMBS Fraud

Record-setting $16.65 billion settlement for selling faulty mortgage-backed securities. Included a $5 billion DOJ penalty, $7 billion in consumer relief (loan modifications, principal reductions), and payments to federal and state entities. Covered conduct by Bank of America, Countrywide, and Merrill Lynch.

DOJ Press Release, Aug. 21, 2014

2014 Judgment — $1.27B (reversed on appeal; settled for $335M)

United States v. Countrywide — FHA Fraud (Hustle)

DOJ proved Countrywide (Bank of America subsidiary) defrauded Fannie Mae and Freddie Mac by selling defective mortgage loans through its 'Hustle' program. Initial $1.27 billion penalty was reduced to $335 million by the Second Circuit Court of Appeals.

United States v. Countrywide Home Loans, Inc., No. 12-cv-1422 (S.D.N.Y.)

2012 Settlement — $11.82B (Bank of America share of $25B national settlement)

National Mortgage Settlement — Bank of America

49 state attorneys general and federal agencies reached $25 billion settlement with five largest mortgage servicers. Bank of America's share was the largest: $8.58 billion in consumer relief and $3.24 billion in direct payments to federal and state governments.

United States v. Bank of America Corp., No. 1:12-cv-00361 (D.D.C. 2012)

Search BANK OF AMERICA, NATIONAL ASSOCIATION Complaints

Browse the 500 most recent complaints filed against BANK OF AMERICA, NATIONAL ASSOCIATION. Filter by issue type, state, date range, or keyword. Try filtering by "Loan modification" — it represents 52.1% of all complaints. Most complaints originate from California.

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Know Your Rights with BANK OF AMERICA, NATIONAL ASSOCIATION

File a CFPB Complaint

If BANK OF AMERICA, NATIONAL ASSOCIATION is mishandling your mortgage, file a complaint with the CFPB. BANK OF AMERICA, NATIONAL ASSOCIATION currently responds to 97.8% of complaints on time, ranking #57 of 76 servicers.

Send a Qualified Written Request

Under RESPA § 6, you can demand BANK OF AMERICA, NATIONAL ASSOCIATION provide written answers about your account. Given their high rate of modification complaints, request your full loss mitigation evaluation in writing. Response deadline: 30 business days.

Get Free Housing Counseling

A HUD-approved housing counselor can review BANK OF AMERICA, NATIONAL ASSOCIATION's actions on your account, help you negotiate, and guide loss mitigation options — at no cost. If you're in California (their highest complaint state), <a href="/directory/california/">find local help</a>.

Find Legal Aid

If BANK OF AMERICA, NATIONAL ASSOCIATION is violating federal servicing rules, a legal aid attorney may represent you for free. BANK OF AMERICA, NATIONAL ASSOCIATION has 1 CFPB enforcement action on record — a pattern of regulatory violations strengthens your case.

Take Action: Send a Formal Letter to BANK OF AMERICA, NATIONAL ASSOCIATION

52.1% of complaints against BANK OF AMERICA, NATIONAL ASSOCIATION involve loan modifications, collections, or foreclosure proceedings — delayed decisions, lost paperwork, and dual tracking. If you've applied for loss mitigation and your servicer is simultaneously pursuing foreclosure, a Dual Tracking Complaint cites the specific federal prohibition. A Qualified Written Request forces them to provide your full account history in writing.

Fill in the brackets, and send via certified mail with return receipt requested.

📝
Qualified Written Request (QWR) Request account information or dispute charges under RESPA § 6
For BANK OF AMERICA, NATIONAL ASSOCIATION borrowers: When writing to BANK OF AMERICA, NATIONAL ASSOCIATION, reference your specific concern from their top complaint categories: "Loan modification,collection,foreclosure" (52.1%) and "Loan servicing, payments, escrow account" (19.3%). A QWR forces BANK OF AMERICA, NATIONAL ASSOCIATION to respond in writing within 30 business days — their current timely response rate is 97.8%.

Legal Basis

Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605(e)

Implementing Regulation: 12 CFR § 1024.35 and § 1024.36

A Qualified Written Request is a formal written correspondence to your mortgage servicer requesting account information or disputing charges. Under federal law, your servicer must acknowledge receipt within 5 business days and provide a substantive response within 30 business days (may be extended to 45 with notice).

When to Use This Letter

  • Your servicer applied a payment incorrectly
  • You were charged fees you don't recognize
  • Your escrow account balance seems wrong
  • You need a complete payment history
  • Your servicer transferred your loan and the new servicer's records don't match
  • You want to understand how payments have been applied

Important Requirements

  • Send to the correct address. Your servicer's QWR address may differ from the payment address. Check your monthly statement or the servicer's website for the designated address for qualified written requests.
  • Send via certified mail, return receipt requested. Keep the green card as proof of delivery.
  • Keep a complete copy of your letter and all attachments.
  • Include your loan number on every page.
  • Template Letter

    [YOUR NAME]
    [YOUR ADDRESS]
    [CITY, STATE ZIP]
    
    [DATE]
    
    VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
    
    BANK OF AMERICA, NATIONAL ASSOCIATION
    Bank of America Home Loans, TX2-977-01-03, PO Box 961206, Fort Worth, TX 76161-0206
    
    Re: Qualified Written Request Under RESPA
    Loan Number: [LOAN NUMBER]
    Property Address: [PROPERTY ADDRESS]
    
    Dear Sir or Madam:
    
    This is a Qualified Written Request under Section 6 of the Real Estate Settlement Procedures Act (12 U.S.C. § 2605(e)).
    
    I am writing to request the following information regarding the above-referenced mortgage account:
    
    1. [DESCRIBE SPECIFIC REQUEST — for example: "A complete payment history from [DATE] to the present, showing how each payment was applied to principal, interest, escrow, fees, and any suspense account."]
    
    2. [DESCRIBE ADDITIONAL REQUEST — for example: "An explanation of all fees charged to this account since [DATE], including the basis for each charge."]
    
    3. [DESCRIBE ADDITIONAL REQUEST — for example: "The current escrow account balance and a copy of the most recent escrow analysis."]
    
    [IF DISPUTING AN ERROR, ADD:] I believe there is an error on my account. Specifically, [DESCRIBE THE ERROR — for example: "My payment of $[AMOUNT] made on [DATE] was not properly credited to my account" or "I was charged a late fee of $[AMOUNT] on [DATE] despite making my payment on time"].
    
    Under RESPA, you must acknowledge receipt of this request within 5 business days and provide a complete response within 30 business days of receipt. During the investigation, you may not report negative information to credit bureaus related to the matters raised in this letter.
    
    Please send your response to the address listed above.
    
    Sincerely,
    
    [YOUR SIGNATURE]
    [YOUR PRINTED NAME]

    Response Deadlines

    | Requirement | Deadline | | Acknowledge receipt | 5 business days | | Substantive response | 30 business days (extendable to 45 with written notice) | | Credit reporting restriction | During investigation period |
    RequirementDeadline
    Acknowledge receipt5 business days
    Substantive response30 business days (extendable to 45 with written notice)

    If Your Servicer Does Not Respond

  • Document the failure. Note the date you sent the letter, the certified mail tracking number, and the date the servicer received it.
  • File a CFPB complaint at consumerfinance.gov/complaint. Select "Mortgage" as the product type. Reference your QWR and the servicer's failure to respond.
  • Contact a HUD-approved housing counselor for free assistance: call 800-569-4287 or visit americandefault.org/directory/housing-counselors/.
  • Consult a consumer rights attorney. RESPA violations can result in actual damages, statutory damages up to $2,000 for a pattern of noncompliance, and attorney's fees. Find free legal aid at americandefault.org/directory/legal-aid/.
  • Notice of Error Assert a specific error on your account under 12 CFR § 1024.35
    For BANK OF AMERICA, NATIONAL ASSOCIATION borrowers: 0.3% of specific complaints against BANK OF AMERICA, NATIONAL ASSOCIATION involve foreclosure-related issues. If BANK OF AMERICA, NATIONAL ASSOCIATION has started foreclosure proceedings while you have a pending loss mitigation application, that's a dual tracking violation — error category #10 under 12 CFR § 1024.35.

    Legal Basis

    Regulation X (RESPA), 12 CFR § 1024.35

    Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e)

    A Notice of Error is a formal written notice to your mortgage servicer asserting that an error has occurred on your account. Under federal law, your servicer must acknowledge receipt within 5 business days and either correct the error or explain why it believes no error occurred within 30 business days (extendable to 45 with written notice).

    During the investigation, your servicer generally may not report negative credit information related to the alleged error.

    Covered Error Categories (11 Types)

    Federal regulation identifies 11 specific categories of errors. Your Notice of Error should reference the applicable category:

  • Failure to accept a payment that conforms to the servicer's written requirements and is received by the payment due date
  • Failure to apply a payment correctly to principal, interest, escrow, or other charges
  • Failure to credit a payment as of the date of receipt
  • Failure to pay taxes, insurance, or other escrow charges from the escrow account in a timely manner, or to refund an escrow overage
  • Imposing an escrow account when prohibited (e.g., when the loan terms don't require one)
  • Failure to provide an accurate payoff balance within a reasonable time
  • Failure to provide accurate information to a borrower regarding loss mitigation options and foreclosure
  • Failure to transfer accurate and complete information to a transferee servicer during a loan transfer
  • Making the first foreclosure notice or filing before the 120-day pre-foreclosure review period has elapsed (12 CFR § 1024.41(f))
  • Moving for foreclosure judgment or conducting a foreclosure sale while a complete loss mitigation application is pending (dual tracking prohibition, 12 CFR § 1024.41(g))
  • Any other error relating to the servicing of the borrower's mortgage loan
  • When to Use This Letter

    • Your payment was applied incorrectly or to the wrong account
    • You were charged a late fee despite paying on time
    • Your servicer failed to pay your property taxes or insurance from escrow
    • You received an incorrect payoff statement
    • Your servicer started foreclosure before the 120-day waiting period
    • Your servicer is pursuing foreclosure while reviewing your loss mitigation application (dual tracking)
    • Your servicer transferred your loan but lost or garbled the records

    Important Requirements

  • Identify the specific error. The more detail you provide, the faster the resolution.
  • Send to the correct address. Use the address designated for qualified written requests and notices of error (check your monthly statement).
  • Send via certified mail, return receipt requested.
  • Include supporting documents — payment confirmations, bank statements, previous correspondence — as copies (keep originals).
  • Template Letter

    [YOUR NAME]
    [YOUR ADDRESS]
    [CITY, STATE ZIP]
    
    [DATE]
    
    VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
    
    BANK OF AMERICA, NATIONAL ASSOCIATION
    Bank of America Home Loans, TX2-977-01-03, PO Box 961206, Fort Worth, TX 76161-0206
    
    Re: Notice of Error Under 12 CFR § 1024.35
    Loan Number: [LOAN NUMBER]
    Property Address: [PROPERTY ADDRESS]
    
    Dear Sir or Madam:
    
    This is a Notice of Error under 12 CFR § 1024.35 of Regulation X (RESPA).
    
    Description of Error:
    
    I believe the following error has occurred on the above-referenced mortgage account:
    
    [DESCRIBE THE ERROR IN DETAIL — for example:]
    
    [Option A — Misapplied payment:] "On [DATE], I made a mortgage payment of $[AMOUNT] via [METHOD — check #/online payment/wire]. This payment was [not credited to my account / credited late / applied to fees instead of principal and interest]. I have enclosed [a copy of my bank statement / payment confirmation / canceled check] showing the payment was made on time."
    
    [Option B — Improper fee:] "On [DATE], a [late fee / inspection fee / property preservation fee / attorney fee] of $[AMOUNT] was charged to my account. This fee is incorrect because [I made my payment on time / this fee was not authorized / I was not given proper notice of this charge]."
    
    [Option C — Escrow error:] "My servicer failed to [pay my property taxes / pay my homeowner's insurance / provide an accurate escrow analysis]. As a result, [my taxes are delinquent / my insurance lapsed / my escrow payment increased by $[AMOUNT] without proper basis]."
    
    [Option D — Dual tracking:] "I submitted a complete loss mitigation application on [DATE]. Despite this pending application, my servicer [filed a foreclosure notice on [DATE] / scheduled a foreclosure sale for [DATE] / moved for foreclosure judgment on [DATE]]. This violates the dual tracking prohibition under 12 CFR § 1024.41(g)."
    
    This error falls under 12 CFR § 1024.35(b)([NUMBER]) — [CATEGORY NAME FROM LIST ABOVE].
    
    Requested Correction:
    
    I request that you [correct the payment application / remove the improper fee / pay the escrow shortage / halt foreclosure proceedings] and provide me with a corrected account history.
    
    Under 12 CFR § 1024.35(e), you must acknowledge receipt of this Notice within 5 business days and either correct the error or provide a written explanation of why you believe no error occurred within 30 business days. During this investigation, you may not charge me for responding to this notice, and you generally may not report negative information to credit bureaus related to the matters in this notice.
    
    Please send your response to the address listed above.
    
    Sincerely,
    
    [YOUR SIGNATURE]
    [YOUR PRINTED NAME]
    
    Enclosures:
    - [List any documents you are including — bank statements, payment confirmations, prior correspondence, etc.]

    Response Deadlines

    | Requirement | Deadline | | Acknowledge receipt | 5 business days | | Correct error or explain denial | 30 business days (extendable to 45 with notice) | | Credit reporting restriction | During investigation period | | No charge to borrower | For responding to the notice |
    RequirementDeadline
    Acknowledge receipt5 business days
    Correct error or explain denial30 business days (extendable to 45 with notice)
    Credit reporting restrictionDuring investigation period

    If Your Servicer Does Not Respond

  • Document the failure. Record the date sent, certified mail tracking number, and delivery confirmation date.
  • File a CFPB complaint at consumerfinance.gov/complaint. Reference your Notice of Error, the date sent, and the servicer's failure to respond within 30 business days.
  • Contact a HUD-approved housing counselor at 800-569-4287 or americandefault.org/directory/housing-counselors/.
  • Consult a consumer rights attorney. A servicer's failure to respond to a Notice of Error is a RESPA violation. You may be entitled to actual damages, statutory damages up to $2,000 for a pattern of noncompliance, and attorney's fees. Find free legal aid at americandefault.org/directory/legal-aid/.
  • 🔍
    Request for Information Request specific account data under 12 CFR § 1024.36
    For BANK OF AMERICA, NATIONAL ASSOCIATION borrowers: A Request for Information forces BANK OF AMERICA, NATIONAL ASSOCIATION to disclose specific account data in writing. Given that BANK OF AMERICA, NATIONAL ASSOCIATION ranks #2 by complaint volume with 47,734 complaints, requesting a full account history and loss mitigation options in writing creates a documented record. BANK OF AMERICA, NATIONAL ASSOCIATION responds to 97.8% of CFPB complaints on time — an RFI carries a separate 30-day federal deadline.

    Legal Basis

    Regulation X (RESPA), 12 CFR § 1024.36

    Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e)

    A Request for Information is a formal written request to your mortgage servicer for specific account information. Under federal law, your servicer must acknowledge receipt within 5 business days and provide the requested information within 30 business days (extendable to 45 with written notice).

    An RFI differs from a Notice of Error. A Notice of Error asserts something is wrong and demands correction. A Request for Information asks the servicer to provide specific account data — you may not yet know whether there's an error. Both carry the same legal weight and response deadlines.

    Types of Information You Can Request

    • Complete payment history (how each payment was applied)
    • Current loan balance and payoff amount
    • Escrow account analysis and balance
    • Loss mitigation application status
    • Identity of the owner or assignee of the loan (who holds your mortgage)
    • Identity of the master servicer (if different from your servicer)
    • Information about fees or charges assessed to your account
    • Information regarding a transfer or sale of the loan
    • Insurance or tax payment history from escrow

    When to Use This Letter

    • You want a full accounting of how your payments have been applied
    • You need to know who actually owns your mortgage loan
    • You're preparing for a loss mitigation application and need current figures
    • Your servicer changed and you need to verify account information transferred correctly
    • You want to understand your escrow account before challenging a payment increase
    • You're preparing to refinance and need accurate account records
    • You suspect errors but need account data before you can identify them

    Important Requirements

  • Be specific about what information you're requesting. Vague requests may delay the response.
  • Send to the correct address. Use the designated address for written requests (check your monthly statement).
  • Send via certified mail, return receipt requested.
  • Keep copies of everything you send.
  • Template Letter

    [YOUR NAME]
    [YOUR ADDRESS]
    [CITY, STATE ZIP]
    
    [DATE]
    
    VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
    
    BANK OF AMERICA, NATIONAL ASSOCIATION
    Bank of America Home Loans, TX2-977-01-03, PO Box 961206, Fort Worth, TX 76161-0206
    
    Re: Request for Information Under 12 CFR § 1024.36
    Loan Number: [LOAN NUMBER]
    Property Address: [PROPERTY ADDRESS]
    
    Dear Sir or Madam:
    
    This is a Request for Information under 12 CFR § 1024.36 of Regulation X (RESPA).
    
    I am requesting the following information regarding the above-referenced mortgage account:
    
    1. Payment History: A complete payment history from [START DATE] to the present, showing for each payment received: the date received, the amount, and how the payment was applied (principal, interest, escrow, fees, suspense, or other).
    
    2. Current Account Status: The current principal balance, interest rate, next payment due date, and any past-due amounts including a breakdown of principal, interest, escrow, fees, and any other charges.
    
    3. Escrow Analysis: The current escrow account balance, an itemized list of all escrow disbursements in the past 12 months (property taxes, homeowner's insurance, PMI, other), and the most recent annual escrow analysis statement.
    
    4. Loss Mitigation Status: [IF APPLICABLE] The current status of my loss mitigation application submitted on [DATE], including what documents have been received, what documents are still needed, and the expected timeline for a decision.
    
    5. Loan Ownership: The name, address, and telephone number of the current owner or assignee of the mortgage loan.
    
    [ADD OR REMOVE ITEMS AS NEEDED FOR YOUR SITUATION]
    
    Under 12 CFR § 1024.36(d), you must acknowledge receipt of this request within 5 business days and provide the requested information within 30 business days. You may not charge me a fee for responding to this request.
    
    Please send your response to the address listed above.
    
    Sincerely,
    
    [YOUR SIGNATURE]
    [YOUR PRINTED NAME]

    Response Deadlines

    | Requirement | Deadline | | Acknowledge receipt | 5 business days | | Provide requested information | 30 business days (extendable to 45 with notice) | | No charge to borrower | For responding to the request |
    RequirementDeadline
    Acknowledge receipt5 business days
    Provide requested information30 business days (extendable to 45 with notice)

    After You Receive a Response

  • Compare the information to your own records. If you find discrepancies, you may want to send a Notice of Error (12 CFR § 1024.35).
  • Save the response. This is documentation you may need if you pursue loss mitigation, file a complaint, or consult an attorney.
  • If the response is incomplete or evasive, note which specific items were not addressed and consider filing a CFPB complaint.
  • If Your Servicer Does Not Respond

  • Document the failure. Record the date sent, certified mail tracking number, and delivery confirmation date.
  • File a CFPB complaint at consumerfinance.gov/complaint. Reference your RFI, the date sent, and the specific information the servicer failed to provide.
  • Contact a HUD-approved housing counselor at 800-569-4287 or americandefault.org/directory/housing-counselors/.
  • Consult a consumer rights attorney. Failure to respond to an RFI is a RESPA violation. You may be entitled to actual damages, statutory damages up to $2,000 for a pattern of noncompliance, and attorney's fees. Find free legal aid at americandefault.org/directory/legal-aid/.
  • 🛑
    Dual Tracking Complaint Demand halt of foreclosure during pending loss mitigation review
    For BANK OF AMERICA, NATIONAL ASSOCIATION borrowers: 0.3% of specific complaints against BANK OF AMERICA, NATIONAL ASSOCIATION involve modification, forbearance, or loss mitigation issues. If BANK OF AMERICA, NATIONAL ASSOCIATION is pursuing foreclosure while your loss mitigation application is pending, that's a federal dual tracking violation under 12 CFR § 1024.41(g). BANK OF AMERICA, NATIONAL ASSOCIATION has 1 CFPB enforcement action on record — document everything.

    Legal Basis

    Regulation X (RESPA), 12 CFR § 1024.41(g)

    Real Estate Settlement Procedures Act, 12 U.S.C. § 2605

    CFPB Mortgage Servicing Rules (2014, amended 2016)

    "Dual tracking" is when a mortgage servicer pursues foreclosure while simultaneously reviewing a borrower's loss mitigation application. Federal law prohibits this practice. If you submitted a complete loss mitigation application more than 37 days before a scheduled foreclosure sale, your servicer:

  • Cannot move for foreclosure judgment or order of sale (12 CFR § 1024.41(g))
  • Cannot conduct a foreclosure sale while the application is pending
  • Must evaluate you for all available loss mitigation options within 30 days (12 CFR § 1024.41(c))
  • Must provide a written decision with specific reasons for any denial and information about appeals (12 CFR § 1024.41(d))
  • When to Use This Letter

    • You submitted a complete loss mitigation application but your servicer filed a foreclosure notice
    • You received a foreclosure sale date while your loan modification application is pending
    • Your servicer is proceeding with foreclosure despite acknowledging receipt of your application
    • Your servicer denied your application without reviewing all available options
    • Your servicer denied your application without providing specific reasons or appeal information

    Key Timing Rules

    | Rule | Citation | Requirement | | 120-day pre-foreclosure period | § 1024.41(f) | Servicer cannot make first foreclosure filing until 120 days after first missed payment | | 37-day protection window | § 1024.41(g) | Complete application received ≥37 days before sale date triggers full dual tracking protection | | 30-day evaluation deadline | § 1024.41(c) | Servicer must evaluate complete application within 30 days of receipt | | Written denial requirements | § 1024.41(d) | Denial must state specific reasons, list other options evaluated, and provide appeal information |
    RuleCitationRequirement
    120-day pre-foreclosure period§ 1024.41(f)Servicer cannot make first foreclosure filing until 120 days after first missed payment
    37-day protection window§ 1024.41(g)Complete application received ≥37 days before sale date triggers full dual tracking protection
    30-day evaluation deadline§ 1024.41(c)Servicer must evaluate complete application within 30 days of receipt

    Important Requirements

  • Your application must be "complete." A complete application contains all documents the servicer requires to evaluate you for loss mitigation. If the servicer sent you an acknowledgment letter listing missing items, address those first.
  • Document when you submitted your application. Save fax confirmations, certified mail receipts, email confirmations, or upload timestamps.
  • This letter should be sent urgently — if a foreclosure sale is imminent, also contact a housing counselor and attorney immediately.
  • Send via certified mail AND fax or email (for speed, if a sale date is approaching).
  • Template Letter

    [YOUR NAME]
    [YOUR ADDRESS]
    [CITY, STATE ZIP]
    
    [DATE]
    
    VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
    AND VIA FAX TO: [SERVICER FAX NUMBER]
    
    BANK OF AMERICA, NATIONAL ASSOCIATION
    [SERVICER LOSS MITIGATION DEPARTMENT ADDRESS]
    [CITY, STATE ZIP]
    
    Re: Demand to Halt Foreclosure — Dual Tracking Violation
    12 CFR § 1024.41(g)
    Loan Number: [LOAN NUMBER]
    Property Address: [PROPERTY ADDRESS]
    
    Dear Sir or Madam:
    
    I am writing to demand that you immediately halt all foreclosure proceedings on the above-referenced property. Your continued pursuit of foreclosure while my loss mitigation application is pending violates the dual tracking prohibition under 12 CFR § 1024.41(g).
    
    Timeline of Events:
    
    - [DATE]: I submitted a complete loss mitigation application to BANK OF AMERICA, NATIONAL ASSOCIATION via [METHOD — certified mail / fax / online portal / in person].
    - [DATE]: [IF APPLICABLE] I received acknowledgment of my application from BANK OF AMERICA, NATIONAL ASSOCIATION.
    - [DATE]: [IF APPLICABLE] I submitted additional documents requested by BANK OF AMERICA, NATIONAL ASSOCIATION, completing my application.
    - [DATE]: Despite my pending application, BANK OF AMERICA, NATIONAL ASSOCIATION [filed a foreclosure notice / scheduled a foreclosure sale for [SALE DATE] / moved for foreclosure judgment / took the following foreclosure action: DESCRIBE].
    
    Legal Violations:
    
    1. Under 12 CFR § 1024.41(g), a servicer may not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, if a borrower submits a complete loss mitigation application more than 37 days before any reasonably anticipated sale date. My application was submitted on [DATE], which is more than 37 days before the [scheduled sale date / anticipated sale date].
    
    2. [IF APPLICABLE] Under 12 CFR § 1024.41(c), you were required to evaluate my complete application within 30 days of receipt. As of this letter, [NUMBER] days have passed and I have not received a determination. [OR: I received a denial that did not comply with § 1024.41(d) because it failed to (state specific reasons / identify all options evaluated / provide appeal information).]
    
    Demands:
    
    1. Immediately halt all foreclosure proceedings, including canceling any scheduled sale dates.
    2. Evaluate my complete loss mitigation application for all available options within 30 days as required by 12 CFR § 1024.41(c).
    3. Provide a written determination that complies with 12 CFR § 1024.41(d), including specific reasons for any denial and information about how to appeal.
    
    Notice: If you fail to comply with these demands, I intend to file a complaint with the Consumer Financial Protection Bureau and consult with a consumer rights attorney regarding RESPA violations, including actual damages, statutory damages, and attorney's fees under 12 U.S.C. § 2605(f).
    
    Sincerely,
    
    [YOUR SIGNATURE]
    [YOUR PRINTED NAME]
    
    Enclosures:
    - Copy of loss mitigation application (or acknowledgment letter)
    - Proof of submission date (certified mail receipt, fax confirmation, portal screenshot)
    - Copy of foreclosure notice or sale date notice
    - [Any other relevant correspondence]

    Immediate Next Steps

    This is an urgent situation. In addition to sending this letter:

  • Call a HUD-approved housing counselor immediately at 800-569-4287. They can intervene with the servicer on your behalf at no cost. Find one near you at americandefault.org/directory/housing-counselors/.
  • File a CFPB complaint today at consumerfinance.gov/complaint. Select "Mortgage" → your servicer → describe the dual tracking violation. CFPB complaints typically get a servicer response within 15 days.
  • Contact a legal aid attorney. Dual tracking violations can be grounds for a temporary restraining order to stop a foreclosure sale. Find free legal aid at americandefault.org/directory/legal-aid/.
  • If a sale is scheduled within 7 days, you may need emergency legal relief. Contact your state's legal aid hotline or the court directly about an emergency motion or temporary restraining order.
  • Damages for Dual Tracking Violations

    Under 12 U.S.C. § 2605(f), a servicer that violates RESPA may be liable for:

  • Actual damages (costs of the foreclosure, temporary housing, emotional distress)
  • Statutory damages up to $2,000 per violation in individual actions
  • Pattern or practice: up to $2,000 per borrower in class actions (with a cap)
  • Attorney's fees and costs
  • 📋
    File a CFPB Complaint Step-by-step guide to filing a complaint with the CFPB
    For BANK OF AMERICA, NATIONAL ASSOCIATION borrowers: When filing against BANK OF AMERICA, NATIONAL ASSOCIATION, select "Mortgage" as the product. Select "Other mortgage" as the sub-product — 37.9% of complaints against BANK OF AMERICA, NATIONAL ASSOCIATION fall in this category. Describe your issue citing "Loan modification,collection,foreclosure" (their #1 complaint category at 52.1%). BANK OF AMERICA, NATIONAL ASSOCIATION responds on time to 97.8% of complaints. Most complaints come from borrowers in California.

    What Is a CFPB Complaint?

    The Consumer Financial Protection Bureau (CFPB) accepts and tracks complaints about mortgage servicers, banks, and other financial companies. When you file a complaint, the CFPB forwards it to your servicer, which must respond within 15 days. The CFPB publishes complaint data in a public database — the same data powering the servicer complaint records on this site.

    Filing a CFPB complaint is free and does not require an attorney.

    When to File

    • Your servicer is not responding to phone calls or written requests
    • You sent a Qualified Written Request or Notice of Error and received no response within 30 days
    • Your servicer is pursuing foreclosure while reviewing your loss mitigation application (dual tracking)
    • Your servicer charged fees you believe are improper
    • Your servicer misapplied your payments
    • Your servicer failed to pay taxes or insurance from your escrow account
    • Your loan was transferred and the new servicer's records are wrong
    • Your servicer denied your loan modification without a clear explanation

    Step-by-Step Guide

    ### Step 1: Gather Your Documents

    Before you start, collect:

  • Loan number (on your monthly mortgage statement)
  • Servicer name (the company you send payments to — this may differ from the original lender)
  • Property address
  • Timeline of events — dates of payments, applications submitted, calls made, letters sent
  • Supporting documents — payment confirmations, letters from your servicer, certified mail receipts, application acknowledgments
  • Previous complaint numbers (if you've filed before)
  • ### Step 2: Go to the CFPB Complaint Portal

    Visit consumerfinance.gov/complaint.

    Click "Submit a complaint."

    ### Step 3: Select the Product Type

    Choose "Mortgage" from the product list.

    You'll then select a sub-product:

  • Conventional home mortgage — if you have a standard Fannie Mae/Freddie Mac loan
  • FHA mortgage — if your loan is backed by the Federal Housing Administration
  • VA mortgage — if your loan is backed by the VA
  • Other type of mortgage — if unsure, choose this
  • ### Step 4: Select the Issue

    Common mortgage servicing issues:

    | Issue Category | When to Select | | Trouble during payment process | Payments misapplied, not credited, or credited late | | Struggling to pay mortgage | Loss mitigation, forbearance, or modification problems | | Applying for a mortgage or refinancing | Problems during the application process | | Closing on a mortgage | Issues with settlement, fees at closing |

    After selecting the main issue, you'll see sub-issues. Pick the one that best matches your situation.

    ### Step 5: Describe Your Issue

    This is the most important part. Write a clear, factual narrative that includes:

  • What happened — describe the problem in chronological order
  • When it happened — include specific dates
  • What you've already done — mention any letters sent (QWR, Notice of Error), calls made, or applications submitted
  • What you want — state the specific resolution you're seeking
  • Example narrative:

    > "On January 15, 2026, I submitted a complete loss mitigation application to [Servicer Name] via certified mail (tracking #[NUMBER]). On February 5, 2026, I received acknowledgment of my application. Despite this pending application, on February 20, 2026, I received a Notice of Foreclosure Sale scheduling a sale for March 25, 2026. I sent a demand letter on February 22 citing the dual tracking prohibition under 12 CFR § 1024.41(g). I have not received a response. I am requesting that the servicer halt foreclosure proceedings and evaluate my loss mitigation application as required by federal law."

    Tips for a strong narrative:

    1. Stick to facts — avoid emotional language
    2. Include dates and specific dollar amounts
    3. Reference federal regulations if applicable (RESPA, Regulation X)
    4. State what resolution you want (account correction, fee removal, foreclosure halt, etc.)
    5. Mention if you've sent formal letters (QWR, Notice of Error) and the dates

    ### Step 6: Name the Company

    Search for and select your mortgage servicer. Make sure you select the correct company — some servicers have similar names or parent companies.

    ### Step 7: Add Your Personal Information

    Provide your name, address, email, and phone number. This information is shared with the servicer so they can locate your account and respond.

    ### Step 8: Review and Submit

    Review everything for accuracy. Once submitted, you'll receive a confirmation number. Save this number.

    Issue CategoryWhen to Select
    Trouble during payment processPayments misapplied, not credited, or credited late
    Struggling to pay mortgageLoss mitigation, forbearance, or modification problems
    Applying for a mortgage or refinancingProblems during the application process
    Closing on a mortgageIssues with settlement, fees at closing

    What Happens After You File

    | Timeline | What Happens | | Immediately | You receive a confirmation number and email | | Within 15 days | The CFPB forwards your complaint to the servicer, which must respond | | 15-60 days | The servicer provides a response through the CFPB portal | | After response | You can review the response and indicate whether you're satisfied | | 60+ days | If the servicer hasn't responded, the CFPB follows up |

    You can check the status of your complaint at any time by logging into the CFPB complaint portal.

    TimelineWhat Happens
    ImmediatelyYou receive a confirmation number and email
    Within 15 daysThe CFPB forwards your complaint to the servicer, which must respond
    15-60 daysThe servicer provides a response through the CFPB portal
    After responseYou can review the response and indicate whether you're satisfied
    60+ daysIf the servicer hasn't responded, the CFPB follows up

    If the Response Is Unsatisfactory

  • Dispute the response through the CFPB portal. Explain why the servicer's response doesn't resolve your issue.
  • File a follow-up complaint with additional information or documentation.
  • Contact a HUD-approved housing counselor for free help navigating the next steps: 800-569-4287 or americandefault.org/directory/housing-counselors/.
  • Consult a legal aid attorney. Your documented CFPB complaint and the servicer's inadequate response may be evidence in a legal claim. Find free legal aid at americandefault.org/directory/legal-aid/.
  • Contact your state Attorney General's office. Many states have mortgage servicing enforcement authority in addition to the CFPB.
  • Strengthening Your Complaint

    Your CFPB complaint is stronger when paired with formal demand letters:

  • Qualified Written Request (QWR) — for requesting account information or disputing charges under RESPA § 6
  • Notice of Error — for asserting your servicer made a specific error under 12 CFR § 1024.35
  • Request for Information — for requesting specific account data under 12 CFR § 1024.36
  • Send these letters first, then reference them in your CFPB complaint. A servicer that failed to respond to a formal QWR or Notice of Error has committed a RESPA violation — noting this in your complaint adds legal weight.

    Important Notes

  • Filing a CFPB complaint is not a substitute for legal action if you need emergency relief (such as stopping an imminent foreclosure sale).
  • The CFPB does not act as your attorney — they are a regulatory agency that tracks and investigates patterns of servicer misconduct.
  • Your complaint becomes part of the public CFPB Complaint Database (with personal information removed). This data is used to identify servicers with patterns of violations — including the complaint records tracked on this site.
  • There is no cost to file a complaint and no deadline, though filing promptly strengthens your case.
  • These templates are informational tools, not legal advice. If you're facing foreclosure or have complex legal questions, consult a legal aid attorney or HUD-approved housing counselor.

    Disclaimer: Complaint counts reflect consumer-reported issues submitted to the CFPB and do not indicate wrongdoing. This data is provided for informational purposes only and should not be construed as legal or financial advice. Complaint volume correlates with servicer size — larger servicers with more customers naturally receive more complaints.

    Frequently Asked Questions

    How many complaints does BANK OF AMERICA, NATIONAL ASSOCIATION have?

    BANK OF AMERICA, NATIONAL ASSOCIATION has 47,734 mortgage-related complaints in the CFPB database since 2012, ranking #2 out of the top 76 mortgage servicers by complaint volume. Their timely response rate is 97.8%, which is below the 99% average across the 76 largest servicers. Complaint volume was roughly stable between 2024 and 2025. Their 19.5% consumer dispute rate is above the 8.7% industry average, suggesting more borrowers disagree with BANK OF AMERICA, NATIONAL ASSOCIATION's complaint responses.

    What is the most common complaint about BANK OF AMERICA, NATIONAL ASSOCIATION?

    The most common complaint category is "Loan modification,collection,foreclosure" at 52.1% of all complaints — loan modification, loss mitigation, and foreclosure disputes. Borrowers report delayed modification decisions, lost paperwork requiring repeated submissions, and dual tracking — where the servicer pursues foreclosure while a modification application is pending. The most frequently cited specific problem is "trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure" (0.3% of complaints). The second most common category is "Loan servicing, payments, escrow account" at 19.3%.

    Has BANK OF AMERICA, NATIONAL ASSOCIATION faced any CFPB enforcement actions?

    Yes, BANK OF AMERICA, NATIONAL ASSOCIATION has faced 1 CFPB enforcement action totaling $12.0M. In 2023: ordered to pay for routinely failing to collect required demographic information from mortgage applicants, violating the Home Mortgage Disclosure Act for years 2018-2022. You can review the full consent order on the CFPB enforcement page.

    How do I file a complaint against BANK OF AMERICA, NATIONAL ASSOCIATION?

    File at consumerfinance.gov/complaint. Select "Mortgage" as the product type and name BANK OF AMERICA, NATIONAL ASSOCIATION as the company. Select "Other mortgage" as the sub-product — 37.9% of complaints against BANK OF AMERICA, NATIONAL ASSOCIATION fall in this category. Describe your issue in detail — include dates, account numbers, and any written correspondence. The CFPB forwards your complaint to BANK OF AMERICA, NATIONAL ASSOCIATION, which must respond within 15 days. You can also send a Qualified Written Request (QWR) under RESPA § 6 directly to the servicer, which carries a separate 30-business-day legal deadline.

    What does the timely response rate mean for BANK OF AMERICA, NATIONAL ASSOCIATION?

    The 97.8% timely response rate means BANK OF AMERICA, NATIONAL ASSOCIATION responded to that share of complaints within the CFPB's 15-day window, ranking #57 of 76 servicers. The industry average is 99%. 3.7% of complaints resulted in monetary relief and 15.6% in non-monetary relief (such as account corrections or fee waivers). "Closed with explanation" — the most common outcome at 71.5% — means the servicer responded but did not necessarily resolve the borrower's issue.

    Related

    🛟
    If this affects you, free help is available. Foreclosure help · Bankruptcy guide · Stop foreclosure · Find legal aid · Browse the Glossary · HUD-approved housing counselors are free (1-800-569-4287).