Consumer complaint received 2017-01-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America, through XXXX, has caused to be sold a zero balance debt as represented in their XXXX, XXXX, XXXX and XXXX XXXX, XXXX letters to me. This sale has caused the XXXX to believe the bank had the right, as a matter of law, to begin foreclosure and to sell the XXXX Deed of Trust. Furthermore, it is unclear if an actual sale transaction took place on or after XXXX XXXX, XXXX. Information as to how the sale of the XXXX Deed of Trust was transacted is currently unavailable to me, but may be had through discovery if and when any related litigation commences. 

The XXXX has trespassed upon my property due to the mistaken belief they have lawfully purchased the property. This I untrue for several reasons to include, but are not limited to, the Trustee 's Sale and subsequent purchase, I any, involved any possible debt that may be associated with the subject Deed of Trust, not necessarily the real property or title thereto, and the purchase of a debt does not automatically entitle the purchaser to collect the debt through the the property or rents received or entitled to from the property. 

In XXXX XXXX I was able to borrow money to purchase real estate to be used a my primary residence without using the subject property as collateral to secure the loan ( a signature loan ). There is no UCC Financing Statement or Assignment of Rents issued or held by Bank of America. These facts are important as it changes the circumstances of any default and sale upon default. This loan is also XXXX HAMP modified which places additional requirements on the loan related to the servicing and handling to include, but are not limited to, the continued issuance of a monthly installment statement with payment coupon, continued payment of all property taxes and insurances made on my behalf with proof thereof, and on going communication between the bank, their representatives, and third party agents, if applicable, and myself. 

It should be noted I have had multiple incidents of trespassing and peeping tom incidents upon my property before and after the Trustee 's Sale of XXXX XXXX, XXXX by folks representing themselves as owners of my home and property with the latest occurring on XXXX XXXX, XXXX. Just to be clear, I consider trespassing to be when one enters onto private property not belonging to them, as a matter of law, without announcing themselves immediately upon entry, or refuses to leave after asked to remove themselves from the property. Both situations have occurred in this instance by those claiming ownership, or acting on behalf of those claiming ownership of my property. It is intolerable and not to be endured, and I should not have to be subjected to this type of carrying on due to the bank 's unwillingness to follow the rules during loss mitigation processes. 

All previously mentioned resolutions are desired and mandatory.

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