Consumer complaint received 2020-05-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
XX/XX/XXXX Subject : XXXX illegally foreclosed on behalf of Bank America. 

To whom it may concern : This is to inform you that the mortgage was originated with XXXX XXXX XXXX, XXXX, on XX/XX/XXXX. On XX/XX/XXXX I received an accelerate letter transferred from XXXX XXXX to Countrywide. On XX/XX/XXXX I received an important Legal notice from Countrywide stated that as you know, the servicing of your home was recently transferred to countrywide home Loans the name of the creditor to whom the debt is owed : XXXX XXXX, including a fair Debt collections Act and State Law Notice stated that the servicing of your home loan was transferred to bank of America, NA. Effective XX/XX/XXXX the name of the creditor to whom the debt is owed : Well ( XXXX XXXX. On XX/XX/XXXX received a letter from XXXX XXXX XXXX XXXX, XXXX. Said that lender loan # XXXX and investor loan # XXXX requesting payment foreclosures in the amount of {$200.00}, 900.00 but there was no transfer letter received from Countrywide to Bank of America, or XXXX XXXX. on XX/XX/XXXX XXXX XXXX XXXX , XXXX XXXX AS TRUSTEE FOR MORTGAGE PASS-THROUGH CETIFICATES, XXXX XXXX XXXX case # XXXX  filed a lawsuit under a lost note stated that plaintiff is the owner of said note, but the original promissory note was lost or destroyed subsequent to plaintiffs acquisition thereof, the exact time and manner of said loss or destruction being unknown to plaintiff. Plaintiff was an in possession of the promissory note and was entitled it when loss of possession occurred. The loss of possession was not the result of a transfer by plaintiff or a seizure. The plaintiff can not reasonably obtain possession of the note because its whereabouts can not be determined. Said note is not in the custody or can not or control of plaintiff. The note submitted show that another party owns the note. On XX/XX/XXXX received notice of voluntary dismissal and release of XXXX XXXX. On XX/XX/XXXX another Lawsuit was filed again by XXXX XXXX XXXX XXXX XXXX XXXX AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS, INC MORTGAGE PASS-THROUGH CERTIFICATES, XXXX XXXX XXXX case # XXXX. On XX/XX/XXXX I received a notice of servicing transfer ( RESPA ) Welcome to XXXX XXXX XXXX, XXXX. Dear customer ( s ) : XXXX XXXX XXXX, XXXX ( XXXX ) welcomes you as a new customer. Effective XX/XX/XXXX, the servicing of your mortgage loan, is, the right to collect payments from you, is transferring from Bank of America to XXXX. Except in limited circumstances, the law requires that your present servicer send you notice fifteen ( 15 ) days prior to service transfer. On XX/XX/XXXX XXXX loan servicing illegally foreclosed my property at XXXX XXXX XXXX XXXX XXXX XXXX XXXX Florida XXXX on behalf XXXX XXXX XXXX XXXX XXXX AS TRUSTEE FOR THE HOLDERS OF MERRILL LYNCH MORTGAGE INVESTORS. INC MORTGAGE PASS-THROUGH CERTIFICATES, XXXX XXXX XXXX Demanding principal payment in the amount of {$200000.00}, and interest in the amount of {$44000.00} from XX/XX/XXXX through XX/XX/XXXX including an escrow advance in the amount of {$45.00}, XXXX. On XX/XX/XXXX my attorney XXXX XXXX received a letter from XXXX stated that XXXX incorrectly foreclosed the property. We sincerely apologize for any inconvenience this may have caused. On XX/XX/XXXX I received a completed Home Affordable from XXXX stated that the loan documents will automatically become modified on XX/XX/XXXX, and the investor / owner Name : XXXX XXXX XXXX XXXX XXXX XXXX, As Trustee for Mortgage pass-Through Certificates, XXXX XXXX XXXX loan Number : XXXX, principal in the amount of {$220000.00}, including a balloon payment in the amount of {$150000.00}. 
But the mortgage still recorded in XXXX XXXX County as XXXX  XXXX, XXXX XXXX XXXX MERRILLY LYNCH MORTGAGE INVESTORS INC. Even though XXXX XXXX XXXX stated that effective XX/XX/XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) acquired servicing of this accounts. In XX/XX/XXXX, XXXX XXXX XXXX purchased XXXX XXXX  XXXX { XXXX } ; therefore, XXXX is now a wholly owned subsidiary of XXXX XXXX XXXX. The evidence is overwhelmed against Bank of America, including XXXX. I would appreciate very much if the Consumer Financial protection Bureau can conduct an investigation regarding this matter. If you need any additional documents please feel free to contact me via email XXXX, or on my cell ( XXXX ) XXXX. 

Thank you.

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