Consumer complaint received 2019-10-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MI
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Dear CFPB, ( cc : Office of Comptroller of the Currency, IRS, FBI, Senate and other authorities ) Please find my combined Qualified Written Request, Debt Validation and Complaint against XXXX XXXX XXXX, XXXX  ( XXXX ) for their relentless false statements, failure to comply with the law ; failure to validate the debt ; and evasive and incomplete response to my lawful and direct questions. 

In XX/XX/XXXX respond XXXX and their employee XXXX insisted that XXXX who first appeared in XX/XX/XXXX, is an Issuer of XXXX XXXX securities while my XXXX loan was purportedly pooled into XXXX pool where XXXX XXXX XXXX XXXX XXXX is a Trustee. 

All my direct and specific questions regarding information such as Trusts name ; Trusts Closing Day ; proof of value paid by XXXX for the purchase of my loan were declared as overly broad lacks specifics or proprietory which is blatant lie typical for a Ponzi scammer as defined by Securities and Exchange committee. https : //www.investor.govXXXX. * Mr. XXXX previously identified XXXX as a purchaser/owner/investor/servicer of my loan which is an impossible combination. Servicers are not owners of the loans. Investor/guarantor is XXXX XXXX  who requires every Issuer to register XXXX XXXX on MERS as Investor and MUST enter the pool or loan package on the MERS system, as described in XXXX XXXX MBS Guide, 5500.3 Chapter 9, Section E ( 3 ), page 7 ( attached ). It was not done by neither XXXX or XXXX. 

Moreover, XXXX failed to provide explanation from whom they purchased my loan if XXXX is not the owner but merely Servicer who has NO rights to sell anything to third parties ; XXXX XXXX does not sell performing loans from its pooled securities to private funds ; here is no proof of value paid for my debt as a purchaser or owner ; here is no information who appointed XXXX as a Servicer if XXXX has no authority to appoint anyone as a Servicer for XXXX XXXX Pooled Securities. 

My loan is a VA loan and heavily regulated by XXXX XXXX MBS guide ; XXXX XXXX Trust Agreement ( aka Pooling and Servicing Agreement ) ; IRS Publication 26-860G ; IRS Pub 938 ; Uniform Commercial Code Article 9 203 ( attached ) ; and many other laws. 

According to XXXX XXXX Guide, the Issuer for certain securities where XXXX is a Trustee - is XXXX. XXXX was never mentioned in ANY XXXX XXXX public disclosures which are readily available online and accessible to anyone, contrary to XXXX and Mr. XXXX statements. 

ALL XXXX XXXX Trusts are published online and file annual reports with XXXX XXXX and IRS.

None of it is proprietory or overly burdensome to respond, particularly Trust Name and its closing date. XXXX  is a Trustee for only one Class of XXXX XXXX securities while XXXX XXXX has merely three different types of Securities and every change of Servicers is heavily regulated.

The securities must be issued and assigned to the Trust no later than 90 days from its closing day. The Closing Day for my loan was back in XXXX, no later that XX/XX/XXXX. Attached is a list of ALL XXXX XXXX pooled securities in XXXX none of them have XXXX pool. Moreover, XXXX XXXX does not even use XXXX or XXXX to codify their pool types. See attached. 


Similarly, no one XXXX Trust published by IRS Pub. 936 in 2016, 2017, 2018 and 2019 have pooled security XXXX ''. 

All that XXXX was able to produce as a proof was a Letter of Transfer from XXXX who themselves can not provide any validation of my debt ; or explain who was Mr. XXXX XXXX who prepared a poorly forged Allonge to my Note and transferred it to XXXX on XX/XX/XXXX while XXXX deny its involvement until XX/XX/XXXX. 

Moreover, according to XXXX response on XX/XX/XXXX, assignment is not required which is a fatal violation of all applicable laws and rules, particularly IRS rules which govern EVERY XXXX Trust. 

Furthermore, in each letter XXXX stated their billing address in California. ALL my Billing statements are coming from XXXX TX, from the SAME post office where XXXX collected my payments ( cashed by Bank of America ( BOA ) ). 

My latest payment ( extorted under duress, in violation of all applicable law, particularly FDCPA which requires to cease collection while XXXX  ( fake conduit for BOA ) accelerated it ) was also cashed directly by BOA. 

In XXXX BOA sent me a billing statement from XXXX TX where they demanded over $ XXXX   payment. I responded that this amount is incorrect. In XXXX BOA sent me another statement ( while XXXX said its billing address is in LA and while XXXX failed to validate my debt and provide mandatory disclosures to my QWRs ). This XXXX statement still listed a wrong amount PLUS illegally charged me late fees! Which is pure daylight robbery and extortion racket. 

My contract with XXXX was a contract for DEBT. There was no contract for revenue for Bank of America and for a fake party ( XXXX  and XXXX ) with a fake claim. Moreover, the contract has already been destroyed through securitization to create a windfall which already occurred when the BOA, the XXXX XXXX  sold the parts of my debt for 12 times the amount of the actual debt and avoided to pay taxes from profits since my loan, according to XXXX and all evidence was NOT assigned to any legitimate investor.

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