Consumer complaint received 2019-10-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MI
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Re : Compalint and Qualified Written Request re loan no. XXXX Dear CFPB and XXXX XXXX XXXX, XXXX, ( XXXX ) Please find my QWR and complaint against XXXX for their continuous false statements and incomplete and evasive responses. I have NEW evidence that my loan was either fraudulently removed from XXXX XXXX XXXX  Trust or never placed in any XXXX XXXX ' Trust in violation of all applicable laws. 

On XX/XX/XXXX XXXX employee XXXX XXXX sent me a letter advising that XXXX cashes payments received from customers though a banking institution, and Bank of America ( BOA is XXXX   banking institution. BOA is unaffiliated with the subject loan other than as XXXX banking institution. 

According to BOA and their lawyers XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX letters, BOA claims its rights for my loan under certain laws. In XX/XX/XXXX BOA claimed rights to TWO of my loans ( I am only aware of one ). Please explain which rights has BOA to my loan, in which capacity and under which law. 

XXXX repeatedly claimed that they became Servicers for my loan on XX/XX/XXXX due to transfer of Servicing rights from XXXX XXXX   , XXXX ( XXXX ) who claimed to be a Lender. Please state who was the Issuer of securities of my loan ; who appointed XXXX as a Servicer ; and proof of value paid by XXXX to XXXX for my debt as required under Article 9 of UCC which governs debt transfer. See Legal Definition attached. 

In XX/XX/XXXX XXXX purportedly sold my loan to XXXX XXXX, XXXX who now claims to be purchaser investor owner ; servicer and issuer for my loan. Please provide me proof of value paid by XXXX to XXXX for my loan ; and explain which authority has XXXX, a Servicer, to sell performing XXXX XXXX  loans. Please provide me a contact information of XXXX employee who authorized this sale ; and his/her contact information. 

On XX/XX/XXXX XXXX sent me Allonge to my Note prepared on XX/XX/XXXX by Collateral Shipper XXXX XXXX who transferred my loan to XXXX on XX/XX/XXXX. Please provide me information where Collateral Shipper XXXX works/worked ; who authorized him to transfer my loan to XXXX on XX/XX/XXXX ; and his contact information.. 

Please state why XXXX claims to be a Servicer since XX/XX/XXXX while the Allonge states XX/XX/XXXX as a transfer day. Please verify in which capacity XXXX assumed my loan on XX/XX/XXXX. 

On XX/XX/XXXX XXXX employee XXXX XXXX sent me a letter advising that the loan is in pooled security guaranteed by XXXX XXXX and that XXXX XXXX was an owner of my debt. Please provide me the name of the Trust ; the name of Trustee ; and copies of all IRS filings under Publication 938 which every XXXX XXXX Trust must do annually. Please also provide me a copy of Trusts Registration with XXXX XXXX which must be done every month. This is public  information, and not burdensome, broad or proprietory. My loan must be pooled into XXXX XXXX Trust no later than XX/XX/XXXX. Please provide me this Trusts Closing day. 

According to my mortgage MERS was assigned as a Mortgagee. XXXX XXXX MBS Guide 5500.3, Chapter 9-7, Upon issuance of a XXXX XXXX MBS, an Issuer must register XXXX XXXX as Investor and must enter the pool and loan package number on the MERS system. See attached. 

As of today MERS does NOT have the pool and loan package number on the MERS system. Please provide me the Pool and loan package numbers and explain why XXXX did not entered them on MERS system as required by XXXX XXXX rules upon issuance of MBS which under IRS Rule 26-860G must be done within 90 days from Trusts Closing day. I reserve my rights to collect additional information from XXXX after review of their respond. 


Best regards, 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