Consumer complaint received 2018-09-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OK
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
The loan originated with XXXX and XXXX XXXX, XXXX. The loan was one of the assumable without checking credit loans. XXXX XXXX XXXX and XXXX XXXX XXXX assumed it after paying XXXX rent for three years. In XXXX, XXXX XXXX XXXX was classified permanently totally XXXX. We went to HUD/FHA. They reduced the loan payment to about {$300.00} for 3 years and then did a new loan with XXXX XXXX XXXX XXXX only because XXXX XXXX XXXX was XXXX, without income and with poor credit. XXXX XXXX was on a high level of XXXX XXXX and things were XXXX about this transaction until I received a requested letter from HUD in XXXX. 

Court records show XXXX XXXX assumed that loan and sold it to XXXX, XXXX sold it to XXXX. XXXX XXXX did not see the documents from XXXX, or XXXX as they were sent to XXXX XXXX XXXX as the doctor had told XXXX to not allow me to handle stressful things. Somewhere between XXXX XXXX ( found to do fraud ) and XXXX and XXXX ( found to do fraud ) XXXX XXXX was readded to the loan without my signature. Every month papers were received with my name. 

I am an ordained minister. The Bible says the wicked borrow and do not repay. The mortgage company had lied and told me repeatedly that I was on the new loan. Until XXXX I was not sure. HUD wrote me and told me they could not give me documents because I was " not named on this account ''. 

They charged the loan dual tracking illegal fees, I am sure. 
They charged the loan bankruptcy fees that I do not owe as I never filed bankrupcy. 
They kept my small business from obtaining an SBA loan numerous times because the bankruptcy and my husband 's delayed payments were showing on my credit.

They were asked to allow me to assume the assumable loan. " NO '' They were asked to allow my Mom to buy it on a new loan. " NO '' They were asked to allow an " approved '' Obama loan help and again, even though they forced me to create an escrow account at that time and are charging interest on the illegally required escrow account. " NO '' The only thing they would do to keep me in the home was force me to sign fraudulent and illegally executed modification documents under duress of foreclosure. 

When their actions made the payment increase, they file foreclosure after foreclosure after foreclosure in my name. Bank of America was after XXXX. They took it over to foreclose and when I called, the computer told me my social security number was not on the loan and the computer told me the last three digits of the loan number were XXXX. 

I hung up and cried, knowing that the purpose of the transfer was foreclosure. They foreclosed, I went to Federal court, Pro Se, knowing nothing. The judge told me I " won '' but I " lost '' because I did not have an attorney. 

AFTER I filed a fraud complaint with Bank of America, they removed themselves from the loan and completely released the loan to protect themselves BUT they sold it to XXXX XXXX, XXXX XXXX and continued servicing the fraudulent loan. XXXX XXXX continued the same practices. The payments were up to {$1800.00} by that time and impossible to work with them. 

They finally filed lost document notice but did not send me a copy and in the court without my presence they put my name on the loan without my signature and without RESPA or TILA or HUD compliance, and without giving me legal notice of the hearing. 

They foreclosed on " my name '' even though the judge showed them the document showing them I was never on the loan, and it is heading to sheriff sale. They have not refunded the {$91000.00} they stole from me with illegal executed documents and duress. They have not refunded the approximately minimum {$76000.00} my ex husband and I paid on the loan. The house is paid in full. They refused to give me an accounting repeatedly because they knew they were not in compliance with the new Oklahoma dual tracking laws and had charged illegal fees. Adding me to the loan via court did not comply with RESPA, TILA, or HUD guidelines. After HUD created the new loan documents, I could not legally modify any loan I was not on but they forced me to. 

I'm on Social Security and part of the direct deposit transaction says social security XXXX of under {$800.00} a month minus the insurance and commission income of $ 200-500 which I hope to improve and they tell me I owe them now {$140000.00} to keep the home. 

The loan matured XX/XX/XXXX and they are now charging approximately {$390.00} interest, penalties and late fees on a loan I never signed so they can buy the home in a Sheriff Sale and sell it at a profit because of the Ginsberg Foreclosure opinion that they can make a profit.

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