Consumer complaint received 2018-10-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OH
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX Bank, XXXX XXXX, has been illegally attempting to collect a mortgage debt for the past 2.5 years and has engaged in multiple instances of fraudulent misrepresentation to both me, the state and appellate courts of Ohio, and to the United States Sixth Circuit Federal Court. 

Specifically, the Bank, by and through its attorneys, alleged that it is the new trustee in the case by virtue of being the successor in interest to Bank of America. As a result of those false statements, the bank then stated to the courts that it was the 'real party in interest ' in my case. 

In addition, XXXX Bank  itself wrote me a letter ( attached ) in XX/XX/XXXX stating that it was the 'trustee ' for the 'trust ' that owns my note and mortgage. None of the statements above, both made in court and made to me, were true at the time they were made, and they are still not true today. 

The evidence of their falsity is readily apparent by means of a fraudulent 'Corporate Assignment of Mortgage ' that was filed by XXXX XXXX XXXX , XXXX , the servicing agent on the account. 

The assignment, which was prepared on XX/XX/XXXX, contains a number of contradictions that prove that the statements made prior to that date were false. In addition, further statements that were made after XX/XX/XXXX are also false since they assignment failed to transfer any 'interests ' to XXXX Bank as they alleged in court documents. 

XXXX Bank, in addition to committing fraud upon the Courts, is in direct violation of the Consent Decree it signed with the OCC in XXXX, XXXX. 

Article IV ( 1 ) ( e ) of the Compliance Program, signed by the bank on XX/XX/XXXX, requires the bank to establish and maintain : ( e ) processes to ensure that the Bank has properly documented ownership of the promissory note and mortgage ( or deed of trust ) under applicable state law, or is otherwise a proper party to the action ( as a result of agency or other similar status ) at all stages of foreclosure and bankruptcy litigation, including appropriate transfer and delivery of endorsed notes and assigned mortgages or deeds of trust at the formation of a residential mortgage- backed security, and lawful and verifiable endorsement and successive assignment of the note and mortgage or deed of trust to reflect all changes of ownership ; ( emphasis added ) All of the above requirements imposed by the OCC detailed above have been violated. 

As of XX/XX/XXXX, XXXX Bank has filed a new praecipe of sale as part of its ongoing fraudulent scheme to literally steal my home under false pretenses. 

I filed in state court on XX/XX/XXXX the attached new motion to vacate the summary judgment due to fraud on the court and 'any other reasons justifying relief ', but it was incorrectly denied on XX/XX/XXXX due to 'res judicata ' .

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