Consumer complaint received 2022-09-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
Bank of america and XXXX ( who took the shoes of countrywide ) seized over XXXX XXXX from a XXXX XXXX  whose deposite were XXXX XXXX XXXXXXXX funds extirpating her from all her cash savings at an age and where she got XXXX in XX/XX/XXXX, XXXX funnds are now being dibursed amongs attorneys who were hired by the bank in an effort to do a distraction, however embezzlement, to the court so that the original mistakes done by XXXX XXXX who was a XXXX XXXX XXXX ( XXXX o longer XXXX  ) and is a XXXX XXXXXXXX still and an XXXX by failng to disclose a material issue relevant to risk to the consumer in this case myself and XXXX XXXX XXXXXXXX XXXX. The mortgage fraud appear to be continued by the several apparent modifications done to the original countrywide loan of XXXX and to include a payoff with new financing of a secnd mortgage and a subsequent modification with the bank and the sellers after the sellers have sold the house in XXXX. According to XXXX XXXX XXXX XXXX XXXX XXXX XXXX who also agreed on the fgact that this is a disappropiation of funds and the instrument created by XXXX XXXX and XXXX XXXX XXXXXXXX XXXX ( representing the XXXX XXXX that holds the money and deeds ) off the XXXX XXXX XXXX XXXX financing created by XXXX XXXX for the use of XXXX XXXX XXXXXXXX part of XXXX XXXX  This mistakes of not providing disclosures to the new buyer in XXXX did not or were not cured by time and erupted in the lawsuit. 
XXXX XXXX nor i never saw loan estimates and closing disclosures required for assumptions and was not set up as an assumption. Having said that XXXX XXXX has an extensive net of friends ouur attorney did not call him to court to clarify this issue and hence coluded as all the attorney in a covering the fraud. 
It looks like because we still remain aas third partys that there is FRAUD and atl least embezzlemtn with the community sector thar is more opt to be abused legally exonomically and emotionally. my mother is XXXXXXXX XXXX XXXX XXXXXXXX speakers feel free to listen to XXXX XXXX even talkinig about this. He failed to disclose the items published by cfpb in XX/XX/XXXX which are triggered in this case. The funds of a third person are tied to the house and hhence the only way this could at least be solved for the real victim. XXXX XXXX is for the bank to take the cash as ashort sales. 
The legal efforts of XXXX XXXX XXXXXXXX to keep XXXX XXXX of payments of XXXX person to pay the undisclosed debts of the mortgagors XXXX XXXX and wife is criminal and at least from when the XXXX filed suit, to present there is an additional XXXX that the bank ammassed. This is embezzlemnt and the entity protecting people like XXXX XXXX services protection and other entities have supported the filing of such police report for embezzlement. The bank can not take the equity, the property improved ( XXXX at least ) the cash deposit and the original loan plus attorney fees. That is not how a. modification or a short sale works. XXXX XXXX was made to believe and XXXX asked for financial information t oasssume a loan that was inflated by XXXX  feees, interest accrued for payment and interest she deposited in the escrow company as per instructions of XXXX  XXXX XXXX XXXX. XXXX had a trust account when I got injured and suggested doing a comproomise with XXXX XXXX the XXXX for depositing the trust funds left after his fees ( I got a settlement for XXXX plus another XXXX XXXX or XXXX for being XXXX  after a rear ending unisured driver on the phone who thrust me to XXXX XXXX on oncoming traffic- is usurvived and after servral operations I am able to work in a few weeks hopefully ) from that after his fees the remainder was XXXX XXXXXXXX XXXX  out of the XXXX. I paid the XXXX and I had about XXXX XXXX left in his trust account that was for paying off my house and acquiring a debt from the XXXX at 6.6 % interest rate for XXXX XXXX due to my change of circumstances. My XXXX XXXXXXXX XXXX encouraged me to keep making the stipulated paymennt by the XXXX XXXX XXXX XXXX and since i was unemployed XXXX  XXXX XXXX made monthly payments regularly out of the bank of america account to XXXX XXXX  back to Bank of America becasue we were ina setltment faciliattion to assume the loan. We had no idea about the loan only XXXX XXXX XXXX XXXX XXXX  XXXX ) had and we got no information ( XXXX prior XXXX XXXX XXXXXXXX XXXX got involved ). Then bank of america sold the loan to XXXX and the XXXX XXXX XXXX XXXX XXXX infomration to the financial institution division of yearly distributions of monthly payments per the XXXX XXXX XXXX  wrap of the original contrywide loan that ban of XXXX got. This continued and I asked XXXX XXXX to be able to supboeana the XXXX who did the REC because in the REC states that the seller can not modify or incurr more debt than the original loan after closing of escrow in XXXX. I was told by XXXX XXXX. You can see this in XXXX, she represents the XXXX XXXX ( XXXX XXXX - XXXX with XXXX offered the home in a XXXX XXXX XXXX  seller real estate contract wrap as a finsicing to buy this house ) she said the MOMENT THE SELLER GAVE A SPECIAL WARRANTY DEED TO THE PURCHAER HE LOST ABILITY TO ENCUMBER THE HOSUE WITH ADIDITIONAL LOAN, HE LOST THE EQUITY TO THE PURCHASER so bank of america could not modify the loan without the purchaser consent. This is true but I had no idea of al this iformation because at the time I was not told. the disclosures were not done to me by XXXX XXXX XXXX XXXXXXXX XXXX 's mistake at XXXX XXXX XXXX XXXX XXXX XXXX  XXXX did not get corrected with time, ended in a lawsuit. I was made aware by XXXX XXXX and XXXX XXXX XXXX hired by XXXX XXXX ' ceo of XXXX suing me for my house, that htere were other XXXX statements created by XXXX XXXX in aims to cook the books and distribute cash to cover up for the XXXX XXXX interest due of payments the seller never made. That cash is missing from the accounting of XXXX XXXX at the title company hence I suit the sellers in XXXX when i discovered it and the lawuit remanded me to district court and the paperwork of the lawsuit I kept a copy but the courts spoilated that case but kept others.? I have copes and the case number it is all in my response to the summary judgment made by XXXX. We could not respond in time because both my omther and I waere in the XXXX XXXX XXXX  so XXXX XXXX let us respond but witjout the cooperation of XXXX XXXX the XXXX representing us on contingency, we can not she " jumped ship '' when we got ill. I have emails to prove and will give all my information to the XXXX wher I put a complaint of embezzlement of cash. Looks like XXXX  has directed XXXX XXXX to take third party cash on deposit in a trust account with XXXXXXXX XXXX  and also the funds entrusted to XXXX XXXX my car accidnet XXXX that jumped in the foreclosure action to help, and made a side agreement or settlement with all the XXXX and decided to distribute the elder 's cash amongst them. However the XXXX XXXX  has proven tothe local XXXX XXXX XXXX XXXX XXXX XXXX they paid the bank accodingly and the bank sent us a letter offer for short sale or modifiucation wiht the condition that we ask the mortgagors to give us title to the home in a quiet title dieed to me. I did al was asked for me to keep my house ilived in for XXXX XXXX and paid all pyaemtns and then teh bank " changed their mind ''. kept our money and wnat the title to be sold and put a judgment ofover th evalue of the home. We owed in XXXX according to the real estate contract that was filed in XXXX XXXXXXXX XXXX in XXXX by XXXX XXXX ( who also gave interest of the house to XXXX XXXX XXXX XXXX in a new deed " he created '' for the XXXX XXXX wehre we closed. now we paid additional XXXX so the interest was not accrued becaues the payments were accepted by XXXX during the pendency of the foreclosure. and they have suggested to the XXXX XXXX to sign a notice of sale for XX/XX/XXXX. My XXXX is prose and jsut gotout of the hospital i thin they really train XXXX to punch you when. you are down. My XXXX not only had XXXX  in XXXX but also XXXX XXXX XXXX when XXXX XXXX and XXXX XXXX lured her to a " settlement with the bank '' where she would get the house in exchange for the cash. She was told by XXXX XXXX  that the real estate contract is paid off yet she did not get the title at the time. All she was duressed by mediator XXXX XXXX is to sign off her cash to pay the XXXX which she vibrantly rejected because she was made to pay monthly installments to XXXX company that COULDNOT GET STOPPED OR she will lose her house that is the hosue wher my kids and i live. We were put in an impossible situation and I had to rent a room even in my house to pay the XXXX and when the situation got impssible betwen my kids and i and an ectra person living in our home with us in exchange for money for a few days a t a time, we could not deposit more money in the XXXX XXXXXXXX XXXX XXXXXXXX XXXX expenses to defend us from foeclosure. The people ate our food and we are in XXXX not that we can go buy more food! BEsides we got a XXXX XXXX XXXX time that was not registered and I have a female daughter who was a teen at the time and my son has XXXX XXXX so I can not have that even if he visits with me and is not a thereall the time. I could not longer XXXX XXXX XXXX XXXX on a contingency basis so at the meetig with XXXX XXXX XXXX jump ship and asked XXXX XXXX pay her XXXX or XXXX I do not know becausse I have not had a b audit of the trust account kept by XXXX XXXX and neither an explanation of XXXX XXXX except that they deposit all the cash into the court. When I called I was told that there is NOCASH deposited in the court but was given a paper by XXXX saying that XXXX XXXX has sent a declaration of supbeona or somethin some deposition that the money is in possesion of the XXXX. so the XXXX awnt the house and all the money and all that is in it. I do nothave place to stay. I paid you bank I followed the contract and XXXX XXXX explained to XXXX XXXX, the XXXX XXXX  now at XXXX ( he hopped differnt titles and is no longer employed at XXXXXXXX XXXX where we bought the house with title insurance ) that my payments will not go up only who I paid to but did not dislcoes somehting called Tila respa or loan estimate or closing disclosure. I did not eve see the note that coutnrywide had with the sellers that I got to pay on a wrap XXXX XXXX XXXX  ( the origina ) and notes are not filed in the clerk office. .. so looks like the bank wants me to assume XXXX loan for a home that appraised in XXXX for XXXX that i already paid XXXX for XXXX XXXX XXXX XXXX XXXX loan that i do not qyalify for and now then they want to sell myhouse in novenber. Wher is the cahs that mom paid to the bank. that is why we sent a police report for embezzlement. on top i also I repaired windows ac heater roof tile and plumbing and mold and paid taxes ( cause XXXX di dnot pay i did directly from XXXX f anerica checking acount inlast XXXX ) If you XXXX must provide a lona estimate prior closing and disclose to the new buyer. My son can help maybe qualify for the remainder country wide loan. look at the fact sheet of cfpb, XXXX XXXX did not show me the note at closing nor an aamortization table but i was told that could be created to calculate. Iknow that the tendency of other XXXX is to recognize seller financing if paid ove XXXX XXXX. we paid for XXXX we need that loan/contract reinstated and if interest accrue sunswet trust uses the money for ira investments. " they sell the payments '' difference between what we paid and what the mortgagor payment is and if it was not XXXX XXXX XXXX is because maybe bank of america modify prinicpa redduction but our payment did not change,,, so bank fo america abd XXXX that says took the shoes fron bank of america should not inflate the loan. I filed against bank of america and the response that " was sent to me directly '' was an authorization to get information from the mortgagors of countrywide in XXXX. It is along time ago and the sellers bought other XXXX homes in XXXX XXXX XXXX and did not want to sign to release infomation. So the where is our cash what did XXXX and bank of america did with moneys of a XXXX person to pay for a debt we do not. owe, if you are not recognizing XXXX XXXX on the original unaltered note after closing then you should not have seized the money and used the time value of money over this XXXX XXXX surely look like you got a payment infull. and now they want all. I believe this is a crime but XXXX can not udnerstand. She was put in aroom with XXXX XXXX forcing ger to agree to something sge did not want and they called it a " settlement with the alll the XXXX invoved and the bank ''. wlll they can not play like in a sandbox with someoene elses money without their consent, and i believe this is a crime becasuse also mom had a TIA right after that gruelsome duress session where XXXX told the XXXX that if you do not make my XXXX  sign then XXXX XXXX will order XXXX to work for free as in other cases and mentioned the case detial in front of us. I donot know howXXXX XXXX hired by my XXXX knwo so much about XXXX and how will they act but really scared my XXXX and she jump up and called the prior seller from another room, and misdialed my number and said go ahead and deal with the bank directly and went on without realizing was talking to me, I hired her andnow she is afdvising the party that is interested in me losign my house because the the seller runs fee? This is a mess and I do not understad except that there is some note I do not know about that has been negotiated by the seller after she sold us the house and that theres money hard earbed life savings money that is tabled and the bank wants it all. I believe this is criminal. ad I believe there are disclosures and mistakes iknow now that XXXX XXXX  XXXX XXXX XXXX made that were not cured by time or the payments will be equal and we ould not have a problem

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