Consumer complaint received 2021-09-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Two ( 2 ) clearly fraudulent and contradictory " Assignment of Mortgage '' documents have been filled by Bank of America NA in the XXXX XXXX XXXX Florida courthouse. The fraudulent " Assignment of Mortgage '' documents are currently being used by Bank of America NA in a foreclosure Motion To Reset Sale Date. I'm writing to CFPB so that the agency can examine and verify that the documents are clearly void and fraudulent. And intervene to stop Bank of America NA from unlawfully obtaining our home by way of fraud against consumers. 

BACKROUND I/We obtained a mortgage from XXXX XXXX  XXXX in the year XXXX for our home. In XXXX A foreclosure action was brought against us alleging that we owed mortgage payments that we had in fact made. The case plaintiffs were " XXXX XXXX XXXX XXXX XXXXXXXX, AS NOMINEE FOR XXXX XXXX XXXX, ''. ( in XXXX XXXX XXXX, Florida, Case # : XXXX ) We filed for Chapter XXXX bankruptcy protection, and started making mortgage payments via the Chapter XXXX, Trustee. 

In XXXX Bank of America NA filed a foreclosure action against us ( in XXXX XXXX XXXX, Florida, Case # : XXXX In XXXX Bank of America filed another foreclosure action against us ( ( in XXXX XXXX XXXX, Florida, Case # XXXX We didn't understand how Bank of America NA was claiming to be the owner of our mortgage. At the time we concerned ourselves exclusively with protecting our home and sought bankruptcy protection again. 

Recently, in XXXX we were researching all Court Records pertaining to our property, and discovered the two ( 2 ) fraudulent " Assignment of Mortgage '' documents. And we found that Bank of America XXXX. submitted a fraudulent claim contained within their In-Chambers Motion to Judge XXXX XXXX XXXX That Motion ( Motion To Substitute Party Plaintiff ) states that Bank of America N.A. is the real party in interest and the proper Plaintiff in this action. That statement was known to be false by Bank of America N.A.. 
They supported the claim by filing a false assignment of mortgage from XXXX XXXX XXXX to Bank of America N.A..One year later, the filed another fraudulent assignment of mortgage with different dates, different people, and a different location. 

I have attached both fraudulent " Assignment of Mortgage '' documents to this complaint. 

The first " Assignment of Mortgage '' document was recorded by the XXXX XXXX XXXX Clerk 's Office on XX/XX/XXXX, " XXXX XXXX XXXX ''. The very first date line on the document is left BLANK. This should show the date " Assignor has executed and delivered this instrument '' BLANK date ( There is no date whatsoever ). On the next section where a date must appear, because it's being certified by a Notary Public in Minnesota, the date is also left BLANK in the most essential area : " such execution was done as the free act and deed of XXXX XXXX XXXX XXXX XXXX AS NOMINEE FOR XXXX XXXX XXXX, '' this BLANK day of BLANK XXXX. 

The second " Assignment of Mortgage '' document was recorded by the XXXX XXXX XXXX Clerk 's Office on XX/XX/XXXX. One year later than the first false assignment of mortgage. " XXXX XXXX XXXX XXXX '' The document could not have been assigned by anyone from XXXX XXXX because the company no longer existed, and this document is also obviously fraudulent because it was preceded by the prior false and void assignment of mortgage. This document contradicts everything on the previously recorded document. 

Again, I'm writing to CFPB so that the agency can examine and verify that the documents are clearly void and fraudulent. And intervene to stop Bank of America NA from unlawfully obtaining our home by way of fraud against consumers.

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