Consumer complaint received 2017-05-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Bank of America ( BofA ) through their Trustee, XXXX XXXX XXXX XXXX ( XXXX ), and their Trustee Attorney, XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ), stole my home and real property while they all know or should know my home and real property should have never been foreclosed upon in consideration of current consumer protection laws prohibiting foreclosure processes including, but not limited to, foreclosure sale at auction of XX/XX/XXXX, the recording of a Trustees Deed of XX/XX/XXXX, and now the re-sale to an unsuspecting person or family of the general public. While they ( Bank of America, N.A., XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and other real estate and money lending professionals ) have or should have knowledge of existing documents and documentation providing information and indicating foreclosure and sale are prohibited and will ultimately reverse any foreclosure actions and subsequent sales of my home and real property when legal action is taken in California Superior Court by myself, by Federal and State governments, and possibly by various not for profit consumer protection agencies. Basically, Bank of America, N.A, XXXX XXXX XXXX XXXX,  and XXXX XXXX XXXX XXXX subsidiary, XXXX XXXX XXXX XXXX, have defrauded me and are now defrauding the public at large with the listing and sale of my home and real property. There is simply no way real estate professionals such as, but not limited to, title insurance companies and real estate brokers, who are not part of a racket enterprise will list, sale, or buy the subject property after a title check has been conducted to reveal the XX/XX/XXXX California Housing Finance Agency ( CalHFA ) recorded Trust Deed, UCC Financing Statement, and Assignment of Rents has not yet been reconveyed as represented by Bank of America, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX. The XX/XX/XXXX sale is pending and incomplete according to the XX/XX/XXXX CalHFA recorded document. Therefore the XX/XX/XXXX Trustees Deed is a fraudulent document as the Trustee, XXXX XXXX XXXX XXXX, knew or should have known the XX/XX/XXXX CalHFA Trust Deed had not been conveyed in XX/XX/XXXX as  represented to the bona fide purchasers ( BFPs ) and me through the Consumer Financial Protection Bureau ( CFPB ) by Bank of Americas legal counsel, XXXX XXXX XXXX, A Professional Corporation, multiple times. XXXX XXXX, a licensed real estate broker, listed my home and property for sale and is now involved in a pending sale of my home and real property to a member of the general public ( a BFP ) without my consent or authorization as the owner. If the sale is completed, then all involved, including the BFPs, have engaged in crimes listed under the Racketeer Influenced and Corrupt Organization ( RICO ) Act. Furthermore, if CalHFA reconveyes their XX/XX/XXXX Trust Deed, then they too will be part of a racket enterprise by committing crimes listed under the RICO Act. It should be noted I have informed the listing broker, XXXX XXXX, that I have never authorized the listing and sale of my home and real property on XX/XX/XXXX and explained the fraudulent nature of any sale of my home and property and that the Trustee 's Deed was recorded in error and, therefore, a fraudulent document as it has not be rescinded to date. Additionally, I have informed CalHFA on XX/XX/XXXX that their XX/XX/XXXX Trust Deed has been misrepresented to me, BFPs, and the CFPB as reconveyed and paid off as of XX/XX/XXXX by XXXX, XXXX XXXX XXXX XXXX, and Bank of America through their legal counsel XXXX XXXX XXXX, A Professional Corporation ( XXXX XXXX XXXX ) since XX/XX/XXXX ( the date of recording the Notice of Default ( NOD ) ) and in writing since XX/XX/XXXX ( the date of recording of the Notice of Trustees Sale ( NTS ) ). Recording the NOD and NTS has allowed for the recording of the Trustees Deed. The fraudulently recorded Trustees Deed allows for the subsequent sale of my home and real property provided the CALHFA XX/XX/XXXX Trust Deed is reconveyed upon request. The requesting party knows or should know the XX/XX/XXXX foreclosure sale at auction is pending and incomplete ( Otherwise why request a reconveyance? ). I also requested the CalHFA not allow their CalHFA XX/XX/XXXX Trust Deed to be satisfied by the recording of a Reconveyance or any other document allowed to be recorded. If the CalHFA XX/XX/XXXX Trust Deed is reconveyed upon request from Bank of America, N.A.,  XXXX XXXX XXXX XXXX, XXXX, or any other real estate professional, BFP,  insurer, money lender, etc., the foreclosure sale at auction of XX/XX/XXXX will be made final and no longer pending without prior and adequate notice made to me as the owner. I have never abandoned my home and real property and was forcibly removed from my home and real property by the local Sheriff on XX/XX/XXXX. To date, no legal action has been taken by the BFPs addressing or challenging my claim of ownership and I have not yet taken any legal action to repossess my home and real property to date. As far as I know, there are three parties claiming ownership of the subject real property ( me, the BFPs as both individuals and an investment group ). If my home is sold again based on the XX/XX/XXXX MLS listing number XXXX, then there will be another party added to the list of folks with claims of ownership. The bank has admitted in writing I was never offered or placed in the Making Homes Affordable ( MHA ) Home affordable Modification Program ( HAMP ) or any other mortgage modification plan upon the bank granting MHA HAMP in XX/XX/XXXX. As the current sale resulting from the XX/XX/XXXX listing is pending, any person or agency with knowledge of the fraudulent nature of the listing and sale such as, but not limited to, Bank of America, N.A., XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, the title insurance company, Consumer Financing Protection Bureau ( CFPB ), California Housing Finance Agency,  and the California Attorney General may interrupt or stop the sale by bringing an action on the state or federal governments behalf or on my behalf protecting my interest and preventing injury and harm to any bona fide purchasers by recording a lis pendens preventing the fraudulent sale and recording of any document related to my home and real property. I am a XXXX person on a limited income who was forcible removed from my home and real property without resources to prevent compounding the fraud, theft, collusion, and conspiracy going on in the real estate business. I have had my vehicle, my pets ( who I consider my children ), electronic equipment, all belongings including, but not limited to, heirlooms, jewelry, pictures of XXXX   family members that can not be replaced, one of a kind items, my favorite jeans, and my favorite pairs of shoes that can not be replaced. I have been unable to get local law enforcement to turn the related incidents into reports for the theft of my belongings, real property, and vehicle as the police believe I lost my real property, vehicle, pets, and belongings through a valid forcible eviction ( Forcible Unlawful Detainer ) and have no documentation to support the real property, vehicle, pets, etc. belong to me. It should be noted that I was literally carried off my property with only the clothes on my person and nothing else. All the supporting documents and documentation were left behind on the real property that was soon after looted and otherwise destroyed. It takes money, identification, time, telephone, internet access, etc. to recreate or obtain documents and documentation. It should also be noted I was made homeless while my home and real property sits vacant as an investment by the BFPs who, at this point in time, are aware of the risks involved with purchases at a foreclosure auction when the subject real property is occupied by the owner. In this instance, the real property was occupied by the own of record and by virtue of adverse possession. All previously stated resolutions are desired to include, but not limited to, a home of my choosing built on the subject real property and, any resolution, settlement, restitution, compensation, etc. that may be had from other parties are to be met by the bank. Any resolution, settlement, restitution, compensation, etc. received or entitled to shall not be treated as part of any final resolution with the bank, their representatives, or partners. In other words, any money or other thing provided by a third party shall not be counted against or as part of or any final resolution with the bank. XX/XX/XXXX XXXX XXXX

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