Consumer complaint received 2020-11-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
In my opinion, the Statute of Limitations began with my receipt and awareness of the Home Equity Credit Line Agreement ( in XXXX ) as it was not a document available in the public domain, And the Home Equity Credit Line Agreement contains a Rider My Bill of Rights ( of which XXXX, under its terms has been in default since XXXX ). Indeed XXXX had stated previously it would not disclose documents as I could not validate to their satisfaction the signature ( s ) on the Loan Documents. It was only after I filed a Debt Validation Request in XXXX with XXXX, the Home Equity Credit Line Agreement was made available to me. 

At no time, since XXXX, did any servicer attempt to communicate information with respect to an assignment, sale or other loan action related to the loan, commonly referred to as Hello and Goodbye letters.

If through fraud or concealment the defendant causes the plaintiff to relax vigilance or deviate from the right of inquiry, the defendant is estopped from invoking the bar of limitation of action.

If by ANY act of concealment or deceit, whether before, or at the same time or after the act is committed, the wrongdoer hides from the innocent party the facts which would put him upon inquiry, the statute does not begin to run.

Fraud or deceit tolls the statute of limitations until such time as the fraud has been discovered by the exercise of due diligence. The actual Promise to Pay the Home Equity Credit Line Agreement is not in the public domain and was not provided by XXXX until XXXX. 

Thus, the decision to dismiss based on the Statute of Limitations should be set aside.

Denial of leave to amend is patently wrong.

The complaint in State Court was to be amended ; however the case was removed to the Federal Court based on Diversity and I was then unable to amend the complaint ( XXXX  has other cases in the State Court ). 



In XXXX someone forged Loan Documents for a Home Equity Credit Line ( HECL ) which were subsequently wrongly recorded on my residence. 

I contacted the Lender Countrywide Home Loans and informed them that I did not apply for, authorize, or execute an application or the forged Loan Documents I included a copy of my Driver License and Passport. 

Countrywide replied that I obviously did not sign the loan documents and they would only discuss and provide documents if I provided requisite evidence I signed the loan documents. By definition of forged, I could NOT have executed the loan documents and would never be able to comply with their request. 

No further communication was forthcoming from Countrywide for 2- or so years. 

XXXX apparently a subsequent servicer contacted me some time later. I informed XXXX that did not apply for, authorize, or execute the forged Loan Documents I included a copy of my Driver License and Passport. 

XXXX contacted me and asked for samples of my signature notarized on their form, which I provided. I never again heard from XXXX. 

Sometime in XXXX, XXXX XXXX XXXX ( XXXX ) apparently acceded to the servicing rights and began to send billing statements ; I had not received any statements for at least 4-years. My assumption was that the company was a sham servicer and I did not respond until XXXX  filed a Notice of Default in XXXX. 

I filed a Debt Validation Letter and XXXX  replied with only a copy of the Deed of Trust ( which could have been secured earlier as it was a public record ) and they provided a copy of the Home Equity Credit Line Agreement ( the Promissory Note-Promise to Pay ) which is not available in the public domain. 

Complete information as required by the Debt Validation Letter including an original Loan Application, Credit Report, Appraisal, and other Loan File documents were not delivered by XXXX. However, the Foreclosure proceeding was held in abeyance. 

In XX/XX/XXXX, XXXX  again filed a Notice of Default.

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