Consumer complaint received 2021-10-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
I declare under penalty of perjury under 28 U.S.C. 1746 that the foregoing is true and correct. Executed this XX/XX/XXXX, at XXXX, California. 
On or about XX/XX/XXXX, BANK OF AMERICA N.A., received at two different key locations one of them its headquarters in XXXX, my good faith Demand that, BANK OF AMERICA N.A., comply among other things, with its statutory duties under 15 USC 1635 et seq ; and CFR 12 Reg Z 226 et seq.

It appears that, unfortunately either my demands fall in BANK OF AMERICA N.A., deaf ears or were completely ignored as it has been almost 60 days and, I have not received any response from BANK OF AMERICA N.A.

I XXXX XXXX XXXX, respectfully request the CFPB aid to make BANK OF AMERICA N.A., comply, among other things with its statutory duties under USC 1635 et seq ; and Reg Z 226 et seq., specifically its statutory duty under 15 USC 1635 ( b ) ; Reg Z 226.15 ( d ) ( 1 ), 226.23 ( d ) ( 1 ) to honor my valid rescission notice dated XX/XX/XXXX, received by BANK OF AMERICA N.A., by fax and by mail on or about XX/XX/XXXX, as evidence by : The defective rescission notice ( see Exhibit 5 ) My rescission and offer to tender dated XX/XX/XXXX. ( see Exhibit 3 ) The fax cover proof that, BANK OF AMERICA N.A received my valid rescission timely under 1635 ( a ) ( f ). ( see Exhibit 4 ) BANK OF AMERICA N.A continuing failure to honor XXXX XXXX XXXX valid and timely rescission subject BANK OF AMERICA N.A., to include but not limited violations of 1640 ( a ) for its continuing failure to rescind and refusing to comply with its statutory duties under TILA specifically under TILA provision 1635 ( b ) which is a separate TILA violation, giving rise to claims for damages and/or rescission.

Based on these factual pattern it is my honest belief that BANK OF AMERICA N. A, is not a Holder in due Course because, it had constructive, actual, and personal firsthand knowledge of the legal basis surrounding my rescission claims under 15 U.S.C. 1635 ( a ) ( f ) ( see copy of the defective Notice to Cancel attached in complaint ) and because BANK OF AMERICA N.A. is and has been aware of the undisputed fact that XXXX XXXX XXXX, rescinded the loan transaction at issue under TILA and have offered to TENDER since on or about XX/XX/XXXX. 
Unfortunately, BANK OF AMERICA N.A. is and has ignored my good faith offer to TENDER since XX/XX/XXXX and has also ignored and failed to honor my valid rescission notice dated XX/XX/XXXX. 
Additionally, BANK OF AMERICA N.A has also failed to take its purportedly property after my good faith offers tender and has failed to fulfill with its statutory duty under 1635 ( b ) and have among other things tortuously interfered and precluded XXXX XXXX XXXX from completing step THREE of TILA rescission. ( TENDER ) Thus, based on the undisputed factual pattern describe above, it is my honest belief that, all of BANK OF AMERICA N.A, actions after XX/XX/XXXX, regarding the property at issue are INVALID. 
BANK OF AMERICA N.A., can disagree among other things that I rescinded the loan at issue all it wants but why? it has not filed an UNLAWFUL DETAINER or any other Declaratory relief lawsuit to set aside or dispute my rescission notice as invalid?

Attached Exhibits 1-6 Latest Offer to TENDER pre-approval letter of {$290000.00} from CREDIBLE, for purpose of the TILA 1635 et seq and to 12 C.F.R. 226 Reg. Z. ( see Exhibit 1 ) For 1098 2020 Statement Summary from Bank of America ( see Exhibit 2 ) My rescission and offer to tender dated XX/XX/XXXX. ( see Exhibit 3 ) The fax cover proof that, BANK OF AMERICA N.A received my valid rescission timely under 1635 ( a ) ( f ). ( see Exhibit 4 ) The defective rescission notice ( see Exhibit 5 ) Letter to Bank of America purported Trustee before they illegally and fraudulently enforced a power of sale under a VOID Deed of Trust. ( see Exhibit 6 ) XXXX XX/XX/XXXX letter dated to BANK OF AMERICA N.A., asking not to ignored it and accept my good faith offer to TENDER and my good faith attempt to return the parties to the status quo ante pursuant to TILA 1635 ( b )

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