Consumer complaint received 2018-05-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I'm in a Countrywide loan which Bank of America ( BOA ) and XXXX   have been " servicing '' since about XX/XX/XXXX without properly notifying me that they allegedly hold my loan. Every copy of my loan that I requested has been falsified which made me stop paying on it since I doubt that they have a valid copy of it. My loan terms required that they reduce my interest rates which they have refused to do since they initially contacted me when interest was at 1 % & 2 % -- they advised they were " servicers '' and not " holders '' of the loan so they have held my loan at the illegal interest rate that Countrywide was closed over -- 6.125 %. At this writing they still hold me at that illegal interest rate. I stopped paying inXX/XX/XXXX to require they meet the conditions of my Countrywide loan which stated if the interest rates were reduced, whoever held my loan was to reduce my rates -- they both deny they were the " holder ''. I only discovered in XX/XX/XXXX that they are allegedly the " holders '' but every copy of my loan sent to me has been falsified in major items so I don't believe they have a valid copy of it. Now they threaten me with bankruptcy but still have failed to provide a valid copy of my loan. They have collected thousands of dollars in payments from me which they are required to refund the extra payments on but refuse to honor the conditions of my Countrywide loan. I doubt that they possess a valid copy or that they are meeting the conditions of my loan so I want to file a complaint against their illegal activity which fails to meet the conditions of my loan -- a signed Countrywide Assignment ; reduction in my interest which should be at 1 % and/or 2 % because that was the % at the time they took over that loan. I have nothing that holds them to my loan -- I've provided them with nothing. My loan is signed only with Countrywide which went bankrupt which should make my loan NULL AND VOID since both companies have failed to meet the written conditions of that loan.

No -- they're threatening foreclosure but they have nothing signed by me that commits me to either company. They provide me with nothing valid so I doubt that they have a valid copy of my Countrywide loan. I have nothing that supports I obtain valid title even if I pay this loan off. I have paid at the higher interest rate all these years, they falsified all information provided to me, I do not want to pay them because I doubt they have a valid copy of my loan and any of the other banks they identify don't provide valid copies either. The Federal government couldn't have left home owners in a more harmful situation -- we have nothing, we're charged the same illegal interest even though my loan states they must reduce it to the much lower interest rate from when Countrywide was forced into bankruptcy. If Countrywide was forced into bankruptcy for illegal interest -- these companies should be also for they haven't made any adjustment as my contract dictates. I have nothing to support they have a valid copy of my loan. I have nothing to hold these companies to and there are about 4-5 banks involved. Countrywide went bankrupt ; I remained solvent. They lack the documents for proof that they hold my loan. As far as my legal obligation is concerned, I'm solvent -- my home is mine. I'm filing an official complaint of theft against both companies for they fail to meet any conditions of my loan. Their actions represent FRAUD. They fail to meet the conditions of my loan. I consider their contacts harassment ; their threats illegal. Without the Countrywide documents to support their position, they have fraudulently collected funds from me this entire time and should be required to refund all my payments and my home contract is NULL AND VOID since they lack the required contractual documents to support otherwise. It's what would happen to me ; it needs to happen to these banks.

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