Consumer complaint received 2018-07-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
Consumer Financial Protection Bureau From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Re : Error Resolution Notice under 12 C.F.R. 1024.35 Mortgage Loan Number : XXXX Trustees Sale No : XXXX Dear Consumer Financial Protection Bureau, Stop Bank of Americas attempts at fraudulently foreclosing on my estateXX/XX/XXXX. 
Under the Truth in Lending Act pursuant to 15 USC 1601-1667j ( full disclosure ), I have a right to know who the true party of interest in this transaction is. I requested they make available for visual inspection my original wet ink promissory note ( not a photocopy ). On XX/XX/XXXX Bank of America attorney XXXX XXXX XXXX wrote a letter in which he was unable to prove they were a true party of interest. And He was unable to schedule a visual inspection of my wet ink promissory note, instead he sent a photo copy. On page 4 of 4 of the copy of the Adjustable rate note says in stamp pay to the order of this language identifies the new owner of the note and it being sold. This further substantiates that Bank of America is not a true party in interest. 

I sent a request for admissions letter on XX/XX/XXXX notifying Bank of America the copy of the security instrument is not a sufficient proof of claim as per U.C.C. - ARTICLE 3 -3-501 ( b ) 2 ( 1 ).

Further I wrote Under USC Title 18 Chapter 25, you are engaging in counterfeiting and such  behavior is a felony. Providing a photocopy of a security instrument is not only unconscionable but is illegal. I had asked for the visual inspection of the original promissory note, not a copy. 
You did not provide any proof to sufficiently satisfying your claim under U.C.C. - ARTICLE 3 -3-302 that you are a note holder in due course.You did not stipulate whether or not you were the holder in due course. 
You did not stipulate whether this loan was securitized as required by law. 
Therefore, you admit to the following : 1 ) You admit that you ( and your client ) are not the holder in due course of the promissory note.

2 ) You ( and your client ) admit that the loan has been securitized.

3 ) You admit that you and your client are not a real party of interest in this controversy.

4 ) You admit that you and your client are a debt collector and not the original creditor.

Under the Federal Rules of Civil Procedure Rule 36, you are advised to notify me within 14 days should you wish to contest any of the above allegations with specific proof. Failure to do so means that you fully admit to all allegations as truth. These admissions will be used as evidence against you in any future controversy involving this matter.

Bank of America did not respond to this letter.

Under Title 12 226.39 ( regulation Z ) part ( a ), a servicer does not have the rights of a holder in due course and therefore, do not have the right to foreclose. They were hereby given notice that any attempt to foreclose on my property will be construed as prima facia evidence that you are committing fraud. 

I am contacting you to put a stop from Bank of America attempts at fraudulently foreclosing on my estate. I want a full Release of lien and A deed of reconveyance. 

Sincerely, XXXX XXXX Phone : XXXX email : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA 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