Consumer complaint received 2019-11-20
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, Please find my complaint, QWR and Demand to Validate charges against XXXX XXXX XXXX, LLC ( XXXX ) ( formerly XXXX   XXXX , XXXX ) a sham conduit for Bank of America, for their relentless violations of every applicable law including but not limited to Fair Debt Collection Practices Act ; RESPA ; RICO Act ; Money Laundering Control Act 1956-1957, SEC Act ; IRS Pub. 938 ; XXXX XXXX 's MBS Guide ; UCC Art. 9 ; Michigan Statute of Frauds ; CA Statute of Frauds ; Fair Credit Reporting Act ; and many other laws. 

XXXX  ( aka BOA ) repeatedly harass me with unlawful collections of the debt without providing ANY evidence or any proof of VALUE paid by XXXX to lawfully collect any debt from me ; or any evidence if this debt is exists after BOA traded my identity on the open markets as their derivatives without my knowledge or consent.. 

When I submitted my original QWR and Debt Validation Demand in XX/XX/XXXX, XXXX  NEVER provide me any validation of debt and swamped me with absurd runarounds full of false, evasive and incomplete responses, while continues to extort revenue for Bank of America ( BOA ) under duress, which is a flagrant violation of FDCPA and RICO Act. 

XXXX impersonates as a " Buyer/Investor/Servicer/Issuer '' of securities which purportedly pooled with XXXX XXXX XXXX XXXX XXXX where my VA loan XXXX was purportedly placed between XX/XX/XXXX - XX/XX/XXXX. 

Here are absolutely no record of Pooled Security XXXX with XXXX XXXX who publish its pools on monthly basis ; as well as on IRS Pub. 938. XXXX XXXX does not even use abbreviations " XXXX '' when they codify their pools. 

When I ask clear and specific questions such as that is the NAME of the Trust where my loan is pooled as a XXXX XXXX security ; that is this Trust Employer Identification Number to prove that I repay a debt to legitimate investors who pay taxes from profits ; when was this Trust 's closing date ; and where is a receipt for value paid by XXXX for my debt - XXXX 's representative XXXX submitted relentless lies and refused to disclose these public facts in violation of RESPA and Fed. R. 37 ( 4 ). 

On XX/XX/XXXX Bank of America acting under glimpse of XXXX, during debt validation, sent me another Notice of Default and Intent to Accelerate my debt to XXXX XXXX  , XXXX in the amount of {$1600.00} ( which I have to pay because BOA racketeers use US Court system as a weapon to extort free houses as additional revenue for BOA ). 

I do not owe BOA any money ; and I do not owe {$850.00} for XXXX even to legitimate XXXX XXXX 's investors ( non-existing ) because on XX/XX/XXXX Servicer-Impersonator XXXX  removed my force-place Flood Insurance and my monthly payments must be {$740.00}, payable to legitimate investors who paid value for my debt under UCC Art. 9. 

Thus, BOA try to extort from me additional {$100.00} illegal profits on top of tax-free revenue I pay them each month under glimpse of " repaying debt '' Moreover, BOA charged me additional {$15.00} for " property inspection '', which is another extortion racket. First, neither BOA or XXXX have no rights to conduct any property inspections since they have no rights to my debt and never paid any value for it. 

Second, I was never given any Notices of Inspection ; when this inspection took place ; who conducted this inspection ; a copy of this inspection report ; any receipts to prove that I owe {$15.00} for inspection - and to whom I owe. 

Yet, BOA and XXXX expect that their fraudulent collection will be paid by me. 

BOA received a windfall trading my identity on the open markets and owes me at least 20 % from trades backed by my name and my signature on the loan purportedly with XXXX XXXX  XXXX a fake Lender to cover for BOA involvement in my loan. 

My application was processed in California by XXXX XXXX XXXX  ( formerly XXXX  ) wholesale branch operated by XXXX XXXX, relative to XXXX XXXX, -co-founder of XXXX, who obtained funds from table funding by BOA who get financing from some shady investors which are not attached to any loans. This is illegal practice which in XXXX resulted in {$16.00} XXXX lawsuit and fines on BOA and XXXX, which they paid from {$1.00} Trillion bailout money given in part by me. 

On XX/XX/XXXX XXXX assigned my loan to MERS, a Trademark registered on XX/XX/XXXX by BOA ( then XXXX XXXX. who merged with BOA in XXXX ) who was never registered as a Corporation in Michigan. MERS is currently an off-shore corporation. 

From XX/XX/XXXX, or before I signed my loan backed by XXXX XXXX with whom MERS never had any Agency relationship, MERS is owned by XXXX XXXX, ( XXXX ), a former XXXX competitor. As its name implies ( and the job listings for XXXX  ) it operates in several continents. It controls most of the worlds futures and securities exchanges and clearing houses, a well-known {$1.00} + Quadrillion Ponzi scheme. 

According to filings by XXXX, the acquisition of MERS   would have no material impact on earnings. That is because MERS was never intended to make a profit and probably never did. It was always a vehicle to advance plausible deniability of illegal conduct. 

Whether the MERS System exists on servers within the United States or is operated by people within the United States has always been an open question. 

Now it appears as though the answer is NO. It certainly suggests some questions in discovery and MERS   legitimacy as a Mortgagee for millions of US homes, particularly in Michigan where MERS  registered its trade name in XX/XX/XXXX which expired on XX/XX/XXXX. 

There is the dubious agency authority asserted by those who use the name of MERS  as though it was their own, on behalf of lenders or successors that were neither lenders nor successors to lenders, and is actually now the product of international finance controlled by offshore people and entities who could be anyone - from corrupt politicians to drug cartels. 

Here was no disclosure in my XX/XX/XXXX RESPA ( altered by XXXX ) that MERS  ( whose Chairman XXXX XXXX is also a Vice Chair to XXXX  XXXX XXXX   who sold me a fraudulent Title Insurance policy in violation of all applicable laws ) since XX/XX/XXXX was an off-shore Corporation ( XXXX  ) who never had any relationship with XXXX XXXX who purportedly holds my loan in their pooled security. 

Calling XXXX a lender does not make it so because XXXX was not a Lender but an enabler for money laundering by questionable investors. Calling XXXX or XXXX a successor is absurd unless ( a ) the original entity owned the debt ( b ) at the time that the original entity was acquired or merged with the successor. 

I demand XXXX  to cease and desist their racketeering activity ; remove any adverse information from my credit report and provide me a FULL disclosure as requried by RESPA ; and a FULL validation of my debt as required by FDCPA. 

I demand following information : 1. A Copy of MERS  valid registration with the State of Michigan. This is one  page document and is not overly broad or burdensome to respond. 

2. The Name of the Trust which holds my loan in XXXX XXXX 's pooled security XXXX. Please specify if this is a XXXX XXXX which XXXX refused to provide. 

3. This Trust 's closing date which XXXX failed to respond. 

4. Trust Employer Identification Number ( EIN ) which every XXXX XXXX 's Trust must have but XXXX refused to respond. 

5. Proof of this Trust filings with IRS Pub. 938, which must be done annually by any legitimate Trust but XXXX refused to provide me a copy of Trust IRS filings for XXXX, XXXX, XXXX 6. Proof of publication of the name of the Trust on MERS  website, as required by XXXX XXXX 's MBS Guide. As of today, MERS, an offshore corporation owned by XXXX, never published any information related to XXXX XXXX 's Trust where my loan is pooled. XXXX said its overly broad, which is a lie. 

7. Proof of VALUE paid by XXXX for my loan to be able to lawfully collect my debt. This is a mandatory requirement by UCC, which is a Federal law applicable to all States. This is not burdensome or overly broad request, and a proof of purchase is required for any legitimate transaction. Even XXXX demands customers to show their receipts when leaving the store. XXXX refused to provide a receipt of their purchase, in violation of UCC 8. Please specify who sold my loan to XXXX if XXXX claimed to be merely a Servicer without any ownership rights. Did MERS  sold my loan to XXXX? Did XXXX XXXX sold my loan to XXXX? This is not burdensome or overly broad question, and only requires the name of the Seller which XXXX refused to provide. 

8. Copy of Inspection Report conducted by XXXX on my property ; and a copy of the receipt for this report.

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