Consumer complaint received 2017-11-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XXXX/XXXX/XXXX, Master Servicer Bank of America acted intentionally, fraudulently and in conscious and callous disregard for the rights of the borrowers. The damages caused by wrongful foreclosure are tantamount to intentional malice. 
A beneficiary or trustee under a deed of trust who conducts an illegal, fraudulent or willfully oppressive sale of property may be liable to the borrower for wrongful foreclosure. A foreclosure initiated by one with no authority to do so is wrongful for purposes of such an action. 
Master Servicer Bank of America, its assignee or an agent acting on behalf of XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX instructed Master Servicer Bank of America Home to initiate and complete a  nonjudicial foreclosure sale at the same time borrowers are in a active current workout and making monthly trial modification payments for over a year. The borrowers challenge the wrongful foreclosure and the authority of Master Servicer Bank of America who claims it by assignment. The borrowers wrongful foreclosure claim is based on allegations that the foreclosing party Master Servicer Bank of America acted without authority because the assignment by which it purportedly became beneficiary or trustee, under the deed of trust was not merely voidable but void. 
1 ) Bank of America to put into writing who the true secured lender is? 
2 ) Bank of America to put into writing they foreclosed on behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX its assignee or an agent acting on behalf of XXXX XXXX XXXX XXXX XXXX, gave the authority and instructed the trustee to initiate and complete a nonjudicial foreclosure sale. The borrowers assert Master Servicer Bank of America lacked the authority to foreclose ; because XXXX XXXX XXXX XXXX XXXX who invoked the power of sale isnt the true beneficiary. 
Therefore, Master Servicers Bank of Americas inability to follow appropriate foreclosure procedures, have caused them to participate in acts of unfair and deceptive practices including, but not limited to, the following : a ). failing to properly identify the foreclosing party ; b ). charging improper fees related to foreclosures ; c ). preparing, executing, notarizing or presenting false and misleading documents, filing false and misleading documents with courts and government agencies, or otherwise using false or misleading documents as part of the foreclosure process ( including, but not limited to, affidavits, declarations, certifications, substitutions of trustees, and assignments ) ; d ). preparing, executing, or filing affidavits in foreclosure proceedings without personal knowledge of the assertions in the affidavits and without review of any information or documentation to verify the assertions in such affidavits. This practice of repeated false attestation of information in affidavits is popularly known as robosigning. Where third parties engaged in robosigning on behalf of Master Servicer Bank of America, they did so with the knowledge and approval of Master Servicer Bank of America ; e ).  executing and filing affidavits in foreclosure proceedings that were not properly notarized in accordance with applicable state law ; f ). misrepresenting the identity, office, or legal status of the affiant executing foreclosure-related documents ; g ). inappropriately charging servicing, document creation, recordation and other costs and expenses related to foreclosures ; and h ). inappropriately dual-tracking foreclosure and loan modification activities, and failing to communicate with borrowers with respect to foreclosure activities.

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