Consumer complaint received 2017-01-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
In the course of Bank of America Home Loans, servicing activities Bank of America has engaged in the following illegal acts and practices : XXXX ) Preparing, executing, notarizing, and 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 ) ; and XXXX ) Preparing, executing, notarizing, and filing affidavits in foreclosure proceedings, whose affiants lacked personal knowledge of the assertions in the affidavits and did not review 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. '' On numerous occasions we have sent XXXX 's requesting our mortgage note from Bank of America. On numerous occasions Bank of America stated in writing and verbally that the mortgage note was n't fake. 
On XX/XX/XXXX, I received the " CORPORATION ASSIGNMENT OF DEED OF TRUST '' stating Certificateholders of XXXX, XXXX XXXX Mortgage Pass Through Trust XX/XX/XXXX XXXX. XXXX XXXX EXHIBIT A ) For the past few years I have educated myself regarding SECURITIZATION. ( SEE EXHIBIT B ) Mortgage-backed trusts contain very specific provisions regarding conveyances of mortgages, notes and Assignments and most often even include the form that each document custodian must sign attesting to the delivery and acceptance of such documents. XXXX must comply with these rules regarding acquiring the mortgages therein by the closing date of the XXXX or risk losing their tax-exempt status under the IRS REMiC Rules. Mortgage-backed trusts are not allowed under their own rules to acquire non-performing loans after the closing date of the trust and add such loans to the trust. The failure of certain mortgage-backed XXXX trusts to produce XXXX has been noted by several Courts, in fact in Case C & gt ; A. No. XXXX, XXXX XXXX XXXX XXXX XXXX BANK OF AMERICA N.A . AS SUCCESSOR-IN-INTEREST TO BAC HOME LOANS SERVICING , LP, XXXX OF XXXX MORTGAGE SECURITIES XXXX ; XXXX COUNTRYWIDE HOME LOANS SERVICING LP ; XXXX XXXX XXXX XXXX XXXX ; in EXHIBIT A ( SEE COVER COURT DOCUMENT AND EXHIBIT A LABELED " LIST OF TRUSTS THAT USED FRAUDULENT MORTGAGE DOCUMENTS '' ( SEE EXHIBIT C ) Therefore, it is clear that Bank of America in not providing me the securitization document knew the mortgage note is fraudulent. It is also clear that Bank of America who actually created the fraudulent document and is also listed as a Defendant in this case that documents the fake mortgage note. It is also clear that the Securities and Exchange Commission, Washington, DC, knows my mortgage note is fraudulent. The closing date for this trust was XX/XX/XXXX and this note was put into the trust XXXX years after the closing date. ( SEE EXHIBIT D ) On XX/XX/XXXX Sub-servicer XXXX indicated that Bank of America Home Loans is responsible for the fake mortgage note and for me to provide Bank of America with the complaint and evidence regarding the fake note. 
On XX/XX/XXXX, Sub-servicer XXXX XXXX XXXX also indicated that XXXX XXXX Bank of America had an influence on XXXX dual tracking our loan modification ( putting us on a work out plan while at the same time foreclosing on home ) after making XXXX trial modification payments and continuing to make payments. 
My original lender was XXXX XXXX Mortgage, a subsidiary of the bankrupt XXXX XXXX Mortgage companies, which are still in Bankruptcy. There was no evidence of any permission from the XXXX to allow the mortgage to be divested. ( PLEASE SEE FULL COMPLAINT ATTACHED )

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