Consumer complaint received 2021-09-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I am submitting yet another complaint against Bank of America as I have been unable to obtain an Assignment of Mortgage document that indicates their assignment of a mortgage ending in # XXXX from Bank of America to XXXX XXXX XXXX. In the response to my first complaint Bank of America indicates the following : Furthermore, an assignment of mortgage for the loan, ending in XXXX, was recorded on XX/XX/XXXX, as document ID XXXX. The Assignment was from XXXX XXXX XXXX XXXX XXXX to Lasalle Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series XXXX the Trust. Lasalle Bank was the Trustee for the Trust that this loan was included in. The loan was transferred to XXXX XXXX XXXX in XXXX, for the full mortgage servicing rights and Bank of America no longer had any interest in the loan. 

It is a matter of public record that LaSalle Bank was acquired by Bank of America in XXXX. If the loan was transferred from LaSalle to XXXX in XXXX and LaSalle was acquired by Bank of America in XXXX, then Bank of America would have to own the records of LaSalle Bank where there should be an Assignment of Mortgage from LaSalle Bank to XXXX XXXX XXXX if the loan was transferred properly. Because it is also a matter of public record that XXXX XXXX was absorbed by XXXX, then they could authorize the payment of this loan and subsequently either a ) issue a payoff letter or b ) provide an Assignment of Mortgage which indicates who now owns the note. XXXX has indicated the collection agency XXXX XXXX owns the loan. However, XXXX XXXX has failed to provide proof of owning the loan. I submitted a complaint against them back in XXXX which they still have not answered. 

The documentation that Bank of America included in their response did not include the assignment of mortgage for loan # XXXX from LaSalle Bank to XXXX. They did not include the documentation that shows that LaSalle Bank transferred it to XXXX, which they are obligated to because Bank of America is the institution that absorbed LaSalle Bank in XXXX. 

The title company will not accept the response from Bank of America ( see attached ) as a substitute document for an actual Assignment of Mortgage to XXXX XXXX XXXX ( and subsequently XXXX ). I have left messages every day this week for Resolution Specialist XXXX XXXX and have not received a call back. I tried to contact someone else perhaps at a different extension but the phone system does not allow one to speak to a different customer service representative. 

As I stated in my previous complaints, I am unable to close on the sale of this property which proceeds will serve as a buyout to my husband. He and I are in the middle of an extremely contentious divorce. The money from this sale will serve as the buyout for the home I currently reside in with my XXXX young children. Because I have been unable to obtain this document from Bank of America, I have been unable to close on this property and I have been continuously harassed by my soon to be ex-husband for his buyout money. I have had to request ( and been granted ) an order of protection ( see attached ) from him and have even had to modify it from a refrain from order protection to a stay away order of protection because he continues to harass me because he has not received this money and is causing my childrens lives to be disrupted. 

I need someone to provide this letter, whether or not it was generated back in XXXX or if it needs to be generated now because it was misplaced or never generated at the appropriate time. I need this letter in order to provide my husband with his buyout money and establish some peace in my home for my XXXX year old son and my XXXX year old daughter. If I do not receive the document that Bank of America is responsible for, I will have no other course of action to take besides a legal one as this grossly negligent failure of accountability is causing immeasurable damage to my family. 

Please advise.

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