Consumer complaint received 2016-12-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America ( BofA or BANA ) caused to be recorded a Notice of Trustee Sale ( NTS ) on XX/XX/XXXX. To date, I have not been provided the original or a certified recorded copy of the XXXX as California law requires. On XX/XX/XXXX Bank of America represented to me no balance exists on my mortgage account. Based on this representation, I am no longer a mortgagor. In XX/XX/XXXX Bank of America rescinded this home loan mortgage account. On XXXX XXXX, XXXX Bank of America represented to me the home loan mortgage account had been reinstated. 
Any money applied to this mortgage account since XX/XX/XXXX is to be reimbursed at a ten percent quarterly interest rate as nothing has been applied to the now foreclosed upon XX/XX/XXXX Deed of Trust in accordance with the terms of this mortgage instrument recorded on XXXX XXXX, XXXX since XXXX XXXX. Therefore, an immediate reimbursement of all amounts applied to this mortgage account is in order. Currently, a Trustee 's Sale at auction is scheduled for XX/XX/XXXX at XXXX. The minimum bid is listed at {$360000.00} ( less than the original loan amount ) and does not include the balloon balance represented on the monthly installment statement or the XXXX XX/XX/XXXX lien, or any other lien recoded and attached to the XX/XX/XXXX Deed of Trust in which the XX/XX/XXXX Notice of Default ( NOD ) was recorded and associated with in error and opposition to California law. 
Although California law does not require a public notice or claim of adverse possession, I have made both an openly notorious and public announcement of adverse possession of my home and property since I am no longer the mortgagor associated with the XX/XX/XXXX defaulted ( according to the bank ) Deed of Trust. I am still in occupancy, possession, and control my property and home. I am now the sole owner of this property. 
I currently have no plans to prevent the unlawful sale of my home. However, I will take action AFTER the Trustee 's Sale at auction to prevent being forcibly removed from my home and property as California law provides for the unlawful sale of real property to be reversed. Bank of America, their employees, representatives, and third party agents do not have the right to sale the property and any bona fide purchaser ( BFP ) does not have the right to buy the property at trustee sale. 
Once again, XXXX XXXX has been assigned as the single point of contact ( SPOC ) effective XX/XX/XXXX. However, I was not notified until XX/XX/XXXX via a written notice of XX/XX/XXXX. XXXX XXXX has been removed and reassigned as the SPOC multiple times without explanation. 
I am not going to stop Bank of America XXXX Bank of America must stop themselves. 
Intentional infliction of emotional disstress. Negligent infliction of extreme emotional disstress. Fraudulent infliction of gross emotional disstress. Intentional misrepresentation on a mortgage or Deed of Trust. Negligent misrepresentation on a mortgage or Deed of Trust. Fraudulent misrepresentation on a mortgage or Deed of Trust. Unfair, poor and deceptive practices. Mortgage negligence. Mortgage fraud. Modification negligence. Modification fraud. Foreclosure negligence. Foreclosure fraud. California 's Unfair Competition Law ( UCL ) Claim. Privacy Act. Racketeer Influenced Corrupt Organizations ( RICO ) Act. Real Estate Settlement Procedures Act ( RESPA ( Regulation X ) ). Truth In Lending Act ( TILA ( Regulation Z ) ). National Mortgage Settlement ( NMS ). California Homeowners Bill of Rights ( CalHBOR ). California Business and Professions Code. Title 12 United States Code Chapter 28 - Emergency Mortgage Relief. Making Home Affordable ( MHA ) Act including, but not limited to, Home Affordable Modification Program ( HAMP ), the Rosenthal Act. Fair Debt Collection Practices Act ( FDCPA ). Dodd-Frank Wall Street Reform and Consumer Protection Act.

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