Consumer complaint received 2018-09-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OK
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
XXXX XXXX bought a fraudulent loan from Bank of America and foreclosed last week. They intend to use my name, my credit to remove me and keep the money I paid them via fraud and extortion, coercion, and badgering. I was Pro Se and could not afford an attorney.. 

I spoke to HUD on the phone. In 2015, they " finally '' told me my name ( XXXX XXXX ) is not on the original loan documents, thus I could not amend, modify, or receive copies of the original loan document. I wrote to them FOIA and obtained a letter stating I am NOT ON THE ORIGINAL LOAN. 

I sent copies to Bank of America. They had " already '' forced me by extortion, fraud, lies and deceiving me ( stating over and over in writing ) to sign numerous illegal modifications stating that I was on the loan. They ( BOA ) also did a deposition on me and only filed " part '' of the testimony in court and I could not afford to pay the {$400.00} to obtain the rest of the deposition to prove they were taking what I said out of context. I NEVER admitted I signed the documents nor was I on the loan. I ALWAYS said, things like ... ... ... .... " I don't know. I would have to ask an attorney. '' In XXXX they filed a " lost loan '' document without giving me notice of the hearing which is illegal. They used that illegal hearing to PUT ME on the loan. 

THEN BOA SOLD this illegal and fraudulent loan to XXXX XXXX. XXXX XXXX attorney railroaded me, was rude to me, refused to reschedule when I desperately needed to reschedule, and then refused to recognize HUD 's Authority to SAY who was on the original loan and WHO could " modify '' that original loan. 

They foreclosed AFTER receiving the PROOF from the HUD letter and my statements and testimony. They foreclosed on MY NAME, my social security number, which is NOT on the loan, and stole my {$91000.00} under false pretenses, aka fraud. 

They had already received about {$77000.00} from my exhusband on the {$58000.00} loan. I paid them {$91000.00}. They now say I, XXXX XXXX XXXX, owe them nearly {$140000.00} STILL. 

I asked them to remove the escrow account. They did. THEN they forced me to create an escrow account and apply for HARP or Hamp or whatever the Obama program was. I spent four months, neglecting clients, finding documents, filing necessary documents to finally get approved for that program. THEN after telling me I qualified, they turned me down ... .... but kept the escrow account, charging late fees and interest on ADDITIONAL money illegally. 

OBVIOUSLY they miscalculated. OBVIOUSLY they put illegal fees on the loan. By the time this was done, the payment was about {$1800.00} and there was no way I could pay it. After I filed a FRAUD CLAIM with Bank of America, they RELEASED ALL INTEREST in the loan with reservations. I did not understand that the " reservations '' meant they could SELL this fraudulent loan STILL with my name on it illegally to another company. I later filed another fraud claim containing the copy of the FOIA letter from HUD I told XXXX XXXX ... .... about the fraud. I told them I was not on the loan. I gave them copies of the FOIA document from HUD  PROVING I was never on the loan and they had been taking my money illegally for YEARS. I told XXXX XXXX  that BOA never notified me about the lost loan hearing, so that was done illegally, another count of fraud. 

They still foreclosed and are heading to sheriff sale in my name without refunding a dime and without giving me an accounting. 

I asked the assistant attorney for XXXX XXXX WHY they NEVER gave an accounting, as I had requested it via subpoena, via QWR, over and over as I was hoping to remove illegal fees and dual tracking fees. He told me in court that the REASON they COULD NOT GIVE ME AN ACCOUNTING ... ... 

was because I am not on the loan. 

They can not have it both ways! He admitted to fraud in open court and there were about 20+ attorneys present. I spoke to two attorneys and one person who was there. They may be willing to testify. I contacted them via email last nite. 

I have a copy of BANA/XXXX  " in office '' documents ( redacted ) from part of this time period showing proof of 99 % of this but it is over 300 pages. An employee of the BANA attorney firm sent them to me when I subpoenaed them and got FIRED for sending me the file .... they knew they were in the wrong if I could not obtain documents and the attorney said I was not on the loan, they knew this all along which makes them guilty of fraud, coercion, badgering the witness, extortion, mail fraud, it could even be weights and measures fraud, forgery and more. There were minimum three attorneys who KNEW it was fraud and yet continued to represent them.

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