Consumer complaint received 2018-06-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
I am an XXXX representing sellers of XXXX XXXX XXXX, XXXX, MA. The title exam done by buyers attorney revealed that an assignment of mortgage prepared and executed by BOA under POA from XXXX XXXX XXXX was ineffective to assign the mortgage granted by XXXX XXXX, a prior owner, to XXXX XXXX XXXX XXXX XXXXXXXX which mortgage was assigned to XXXX XXXX XXXXXXXX to XXXXXXXX XXXX XXXX. I contacted XXXX XXXX at BOA on XX/XX/XXXX and spoke to his assistant XXXX XXXX requesting that the assignment of mortgage be revised. I emailed XXXX copies of the documents and provided details of the issue and the resolution. After numerous conference call attempts to the BOA lien release dept, XXXX attempted to escalate the matter to a XXXX XXXX XXXX. It has now been over two weeks and I have not heard from BOA. I have spent many, many hours and days trying to contact the BOA lien release dept. and XXXX XXXX to find out the status. Any calls I make to BOA go to a costumer service line and the parties I speak with refuse to provide any information or connect me with the lien release dept unless I have a loan number and ss no. As the matter does not involve a current mortgage to my clients, but rather a title issue, I do not have a loan no or an ss no. to give. I have called the following nos. XXXX, XXXX, XXXX and XXXX. 
Both XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX have reviewed the assignment of mortgage from BOA that was recorded and have determined that it does not assign the mortgage to XXXX XXXX XXXX. Both title companies are requiring that the assignment of mortgage be revised in both the initial granting clause and the signature line to reflect that the assignment is from XXXX XXXX XXXXXXXX, by Bank of America, N.A. as follows : Initial granting clause : the undersigned XXXX XXXX XXXX, by Bank of America, N.A.,  successor by merger to XXXX XXXX XXXX, successor by merger to XXXX XXXX XXXXXXXX XXXX XXXX XXXX formerly XXXXXXXX XXXX XXXXXXXX by Special Power of Attorney dated XX/XX/XXXX and recorded with the XXXX XXXX County Registry of Deeds in Book XXXX, Page XXXX from XXXX XXXX XXXXXXXX to XXXX XXXX XXXXXXXX does hereby convey, grant... 

Signature line : XXXXXXXX XXXX XXXXXXXX, by Bank of America, N.A., successor by merger to XXXX XXXX XXXX, successor by merger to XXXX XXXX XXXX XXXX XXXX XXXX formerly XXXX XXXX  XXXX by Special Power of Attorney dated XX/XX/XXXX and recorded with the XXXX XXXX County Registry of Deeds in Book XXXX, Page XXXX from XXXX XXXX  XXXX to XXXXXXXX XXXX XXXXXXXX. 


_____________________ Name : Title : Attached please find the Special Power of Attorney dated XX/XX/XXXX and recorded with the XXXX XXXX Registry of Deeds in Book XXXX, Page XXXX from XXXX XXXX XXXXXXXX granting to XXXXXXXX XXXX XXXX the power to assign mortgages. 

Also attached is the Intervening Assignment of Mortgage dated XX/XX/XXXX recorded with said Registry of Deeds in Book XXXX, Page XXXX from Bank of America, N.A., successor through numerous mergers to XXXXXXXX XXXX XXXXby Special Power of Attorney assigning the mortgage to XXXX XXXX XXXX 

My clients sale of the property is scheduled under the terms of the Purchase and Sale Agreement to close on XX/XX/XXXX. Any assistance you could provide to help secure the revised assignment of mortgage from BOA along with a check made payable to the Registry of Deeds in the amount of {$75.00} for the recording fee would be greatly appreciated.

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