Consumer complaint received 2023-08-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We have been foreclosed on our mortgage by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) even though XXXX has never held the mortgage loan on our home in XXXX XXXX. Bank of America ( BofA ) marketed and originated the XX/XX/XXXX XXXX XXXX XXXX and the XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX Before the loans even became effective, BofA sold the XX/XX/XXXX XXXX XXXX ARM Loan and the XXXX XXXX to a Pooled XXXX XXXX- the {$700.00} XXXX XXXX XXXX XXXX Funding XXXX Trust ( the XXXX XXXX XXXX ) by XX/XX/XXXX and sold the XX/XX/XXXX XXXX and Payment Stream XXXX XXXX {$330.00} XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX but did not tell us of the sales of our home loans, nor did they record the hollowed-out Promissory Notes. 

Rather, they fraudulently kept pretending to us that BofA still owned and held our home loans. We already had ( at the time of taking out the mortgage ) more than {$4.00} XXXX of market-equity in the home in XXXX according to BofAs own appraisals. This allowed BofA to fake an illegal assignment ( without endorsement ) of the XX/XX/XXXX XXXX XXXX ARM NOTE to XXXX XXXX XXXX XXXX ( in XX/XX/XXXX ) and the XX/XX/XXXX XXXX XXXX Note to XXXX XXXX XXXX XXXX ( in XX/XX/XXXX ) to give an impression of conveyance of the XXXX home loans to the two private trusts XXXX  XXXX XXXX XXXX and XXXX XXXX XXXX respectively , both of which have been empty-shell trusts with no record of any loan or any other asset entering or exiting them, less holding any XXXX XXXX XXXX or XXXX. BofA then used XXXX XXXX XXXX, Trustees of the two empty-shell trusts to conduct RICO crimes, Loan Modification Frauds, foreclosure frauds, Bankruptcy Court Secured-Creditor Claims frauds , loan payment collection frauds, and sabotage of our attempts for 3rd-party Refinancing we had worked hard to secure by demanding payoffs at 5X the real loan balance owed to XXXX XXXX XXXX and XXXX XXXX XXXX prevent a loan-title search, payoff and closing to proceed. They then fraudulently filed derogatory credit reports against us to kill any opportunity to get bridge loan and equity-line financing from other banks and sabotaged even 3rd-party Funded Refinancing from XXXX XXXX key business customer XXXX They drove toward a Sheriff-Sale of our home to not only steal our home and loot the large equity with none of them ever holding title to any XXXX loan XXXX but also attempting to double-dip by manufacturing a new {$3.00} XXXX home loan to bill us, using XXXX XXXX and XXXX XXXX bid in the Sheriff-Sale in collusion with XXXX XXXX and XXXX XXXX XXXX to launder the foreclosure fraud , Secured-Creditor Claims fraud and Sheriffs Sale fraud. In addition, the XX/XX/XXXX XXXX XXXX ARM was refinanced by BofA solicitation in XX/XX/XXXX to a 2 % Fixed Rate Mortgage, which was then the prevailing rate advertised by BofA and other lenders from XXXX through at least XXXX. BofA could have paid off XXXX XXXX XXXX and XXXX XXXX lawfully to correct the error of not having endorsed/conveyed/transferred the Promissory Notes to the two Pooled XXXX Trusts. BofA also did not record the 2 % Fixed Rate Refinance. 

These multitudes of wrongdoings indicate that BofA had premeditatedly planned the RICO crimes and frauds to loot personal properties, home, home-equity and all cashable and non-cashable assets from us. In addition, BofA, XXXX and XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX have been infringing on, and thus stealing and looting eight Patented Inventions from the XXXX  since XX/XX/XXXX, XX/XX/XXXX and XXXX respectively. Their Intellectual Property ( Infringement ) Liability Insurer XXXX had colluded with BofA in staging and launching numerous assaults and Lawfare against the XXXX to entrap and wealth-strip the XXXX in preparation for conducting Foreclosure frauds against the XXXX 

BofA has not been the title holder of the XXXX mortgage loans once the two mortgage loans were sold to XXXX XXXX and XXXX XXXX. Therefore, BofA has had no right to assign the mortgage to anyone and neither BofA nor the alleged assignees has/had any standing to claim being the holders of a XXXX mortgage loan, nor any standing in pursuing foreclosure, Sheriffs Sale or making Secured-Creditor claims in Bankruptcy Court, collecting XXXX for XXXX ) loan payments at nearly XXXX of the real contracted loan payment amount and 225 % of contracted interest rate. XXXX illegally claimed standing through the fraudulent filing of false certifications to file its Dual-Track Foreclosure Complaint in XX/XX/XXXX while deceiving the XXXX with a Loan Modification fraud as an entrapping lure which was started by BofA earlier urging us to Stop make loan payments for 6 months, in order to become eligible of BofAs very advantageous Loan Modification Assistance Program, but brought in XXXX when 6 month was up to continue the LM fraud and start the Foreclosure fraud. XXXX got a XXXX XXXX XXXX Judge to quickly issue Summary Judgment within the time which XXXX XXXX had proclaimed that all foreclosure action was on-hold to facilitate a Loan Modification Application, Review and XXXX XXXX XXXX XXXX XXXX and XXXX of Execution followed. XXXX and the XXXX XXXX stated that a XXXX would likely be issued before the Sheriffs Sale, which was a lie. Since then, XXXX and XXXX have been conspiring to use and abuse the Courts to continue to loot cash and cashable assets from us while making false pretentions of potential Loan Modification yet to come, sabotaging our 3-rd party Refinancing and running us through cycles of lure, deceit, Sheriff-Sale threats refusing any Plaintiff or Sheriffs adjournment, thus forcing us to file for multiple bankruptcies to stay the sale. They used the bankruptcy court to file false Secured Creditor Claims, to illegally collect loan payments cloaked as Adequate Protection Payments and to launder their owed amounts and other frauds on loans they have NEVER HELD, while using hollowed out Promissory Notes stripped of the loans behind the Notes. 

There is significantly more detail to this case which does not fit into the space provided here. I am asking for a call-back to provide you with further details through emails, uploading to CFPB website or Postal Mail.

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