Consumer complaint received 2023-09-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage
Sub-issue: Trying to communicate with the company to fix an issue with the loan closing

Complaint:
To Whom It May Concern : I am XXXX XXXX, and I have been attempting to obtain the Lien Release Statement and/or the Grant Deed in Perpetuity for my home, XXXX XXXX XXXX XXXX XXXX, CA XXXX, XXXX # XXXX, from Bank of America XXXX and only after a very long and arduous process of first having to determine ( and then overcome ) the true facts and chain of events regarding the true ownership of the property in question, due ultimately to a very severe and fairly sophisticated case of Identity Theft, unfortunately involving myself, my identity, and said property, among many other issues, fraudulent actions, and scenarios. 

My ex-partner, XXXX XXXX, now deceased, in cooperation with the I.D . Thieves themselves, deliberately attempted to obscure the true chain of events surrounding this property, including the fraudulent taking my 50 % ownership interest in the property from me, XXXX XXXX, with XXXX himself actually being recruited to join the I.D . Thieves cause, directly attendant upon our joint purchase of the property in question in XXXX, and which XXXX did whole-heartedly and enthusiastically, if not with much innate natural proficiency, luckily for me! 

The perpetration of this I.D . Theft involved several individuals actually, who fraudulently took my home from me in XXXX, under what was purportedly a foreclosure of the property for our failure to consistently pay our Bank of America Mortgage. The mortgage was in actuality moved by these persons at this time from the mortgager I was familiar with, XXXX XXXXXXXX XXXX to Bank of America ( at the time XXXX XXXX XXXX  ) without my knowledge or consent, where it remained for only a very short time until it was eventually paid off quite early. 

And even this early payoff would be effectuated with monies also stolen from me and intended as compensation for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX I suffered for my XXXX XXXX, and as the result of a medical malpractice class action lawsuit against XXXX XXXX XXXX, in which I was entered as an unwitting participant. I was totally unaware of said lawsuit, the information of which was very effectively kept from me, again by my loving partner at the time, XXXX XXXX. ( I tell you, I wish I had XXXX more, just like him! ) This early payoff was essentially done in efforts to resolve the probable beginnings of a threatened foreclosure of the property, perhaps indeed initiated by XXXX deliberate failure to pay the mortgage while I was forcibly away from the property for a Court-ordered XXXX  Evaluation XXXX XXXX XXXX XXXX XXXX which lasted for 78 days ), before I was eventually successfully able to return home, although it was a very close call as to whether I would be able to return from this Evaluation ( and XXXX  ) at all! Interestingly, it was clearly obvious by the perpetrators reactions to my triumphant return home that I was never actually expected to have been able to have done so! 

Thank Goodness this was the case, too, as I was supposedly facing over a two-year prison sentence, a fact which I was totally unaware of at the time, having actually been arrested for actions my I.D . Thieves had themselves perpetrated, albeit under my name and identity! In fact, to date I have now been arrested a total of fifty-one times, which totally destroyed my existing employment at the time, which was working for a local government public employer, as well as my ability to probably ever utilize my XXXX XXXX in XXXX XXXX XXXX for any future employment possibilities as well. Although, as I am very fond of telling anyone who will listen : If XXXX out on the streets after fifty-one arrests, theres something wrong with me, something wrong with the XXXX, or something else is going on here! 

The I.D . Thieves were also able to steal my entire accumulated XXXX XXXX XXXX XXXX, too, with which they then successfully retired early as me, XXXX XXXX, an income they were receiving for about XXXX years before I was able to comprehensively explain the nature of the fraud to XXXX, which ended said income to these people, although I have not yet been able to address and rectify the situation with XXXX, ultimately to begin receiving my rightful income from said public service career, of about 15 years, all told. ( And I remember thinking at the time that the XXXX Pandemic could not have come at a worse time than it had for anyone as it had for me, shutting down all public departments, agencies, and entities as it did, for a further XXXX years or so! ) But, back to the property in question, XXXX XXXX XXXX XXXX  The first, or original, mortgage loan number for this property, as assigned to it under B of A when the loan was first taken over by Countrywide XXXX XXXX, and which was, in actuality, a simple refinance of a pre-existing mortgage from a prior lender, XXXX XXXX XXXX, is lost to history, and apparently as a result of the mandatory keeping of records for such loans being only XXXX to 10 years. This is an understandable, if regrettable, aspect of this particular case. That primary, or first, mortgage was definitely paid off early, however, resolving the budding, and purposeful, foreclosure proceedings on the property, once and for all. 

That loan was, however, as I have said, paid off in full, but not before another, though apparently intended as only a temporary, loan number was also assigned to the property, this as a result of the XXXX XXXX XXXX XXXX, under which we qualified for mortgage loan modification measures and directly as a result of said XXXX. XXXX and I were each given a substantial reduction to the existing outstanding mortgage balance we owed to Countrywide at the time as a result, which no doubt greatly facilitated XXXX in the early payoff of the home as well! The proof of this mortgage debt reduction can be seen in the form of XXXX IRS XXXX XXXX, XXXX for XXXX and XXXX respectively, denoting said XXXX of XXXX. That temporary loan number is XXXX, and is XXXX of XXXX loan numbers still active in regard to this particular property, if only erroneously, as I will now attempt to further explain. 

In fact, it was paperwork regarding the XXXX XXXX XXXX  Crisis which came to me at my newly acquired apartment after having left the house, XXXX, and our relationship, which first apprised me that Bank of America was somehow involved at all, as the enclosed paperwork stated we, had had a loan serviced by Bank of America, a company I truly despise! ( And this is no doubt the reason the I.D . Thieves and XXXX chose B of A to take out the fraudulent refinancing of the existing mortgage. ) After clandestinely moving the existing mortgage from XXXX  XXXX to Bank of America, XXXX then immediately complicated the issue further, and deliberately so in my opinion, by causing yet an additional and third loan number to be created against the same property while this temporary and second loan number was in place for the XXXXXXXX XXXX XXXX Crisis. XXXX, by some mysterious manner unknown to me, was able to take out a {$15000.00} H.E.L.O.C. Loan against the property, without my knowledge and certainly without my consent, under that temporary loan number, XXXX # XXXX. ( Interestingly, this action was also accomplished at the same local XXXX, CA XXXX of B of A which had also entertained XXXX and my I.D . Thieves on other occasions, such as the original fraudulent refinancing of the property. This third loan number, generated for purposes of this {$15000.00} XXXX Loan alone, is Loan # XXXX, and is represented by Document # XXXX, dated XX/XX/XXXX, and recorded on XX/XX/XXXX, by the XXXX XXXX XXXX XXXX. 

It is interesting to note, however, that this document is no longer to be found, nor have I ever been able to find it, currently or otherwise, in said XXXX XXXX XXXX XXXX XXXX, despite the ostentatiously obvious Recorders Stamp to be seen on the document and done again, as I suspect, in obvious collusionary efforts at obscuring the true ownership records for the property, and most especially from me, XXXX XXXX. 

Interestingly, although my name does apparently appear on the Trust Deed documentation for said additional H.E.L.O.C., Loan # XXXX, I am just as definitely not a co-signer on the associated Promissory Note for the same loan, and I was definitely not present at the creation of this additional H.E.L.O.C. against the property. Additionally, these Promissory Note documents are not typically recorded along with other loan documentation for financial vehicles such as represented by this fraudulent H.E.L.O.C., thus making it very difficult to locate and obtain any of the loan documentation for this property and its associated loans, as B of A will not release any loan information to persons not also listed on any associated loans Promissory Note, regardless of the names which XXXX, or XXXX not, appear on the other loan documentation or ownership documents for that same loan or other associated mortgages, as is the deliberate case here, and specifically in regard to me, XXXX XXXX. ( Nevertheless, I include said documentation, sans the Promissory Note, for the loan in question, saying only that a business or company is only as good as that representative one gets in person or over the phone, and that some B of A Employees are more assiduous in observing their companys protocols than others. ) The last and final document which I feel is relevant to the resolution of this situation, and also received only as a result of those most recent of my ongoing phone calls to B of A, is Document # XXXX, dated XX/XX/XXXX, and recorded on XX/XX/XXXX, and which is, of course, a Substitution of Trustee and Full Reconveyance which would seem to pay off the erroneously remaining XXXX. Loan encumbrance on the property, and thereby will hopefully enable the issuance of the long-awaited and anticipated XXXX XXXX XXXX which is itself apparently currently impeded by an erroneous foreclosure hold code preventing that specific action, and which I hope assistance from the XXXX will help address and overcome. 

Thank you for your attention to this, admittedly bizarre, matter. I append with this Cover Letter to the XXXX those documents and correspondence I think relevant to the situation and its hoped-for resolution, which I have found and/or previously composed and sent to B of A in my personal efforts to resolve this issue, having failed for some reason or technicality to XXXX the assistance of the Office of the Comptroller of the Currency to whom I recently applied for assistance with this matter, which subsequently declined to take my issue and case, but nonetheless did refer me via written response to your agency as perhaps the best such entity to help me resolve this absurd and altogether far too lengthy an issue with Bank of America. Let us hope this is the case, as I am about at my wits end in dealing with Bank of America and its sprawling network of possibly-involved Units, XXXX, and Persons! 

Sincerely, I am, XXXX XXXX

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