Consumer complaint received 2017-11-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Bank of America willfully violated The FLORIDA CONSTITUTION under Article X Miscellaneous, Section 4. Homestead ; exemptions. This exemption protects property from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty. 

Bank of America failed to file a foreclosure action against The XXXX XXXX XXXX who owned the property under the Florida Constitution effective XXXX/XXXX/XXXX Bank of America knew that the property was not owned by XXXX XXXX XXXX and was owned by The XXXX XXXX XXXX But failed to include the XXXX in its foreclosure action. Bank of Amerce committed fraud on the court and had the court issue judgement against me knowing that XXXX XXXX XXXX did not own the property. The property was auctioned off and Bank of America won the bid and sold the property to a third party. 


The illegal issue at hand is that XXXX XXXX XXXX did not own the property that Bank of America sold to a third party. In other words, Bank of America failed to file a foreclosure action in XXXX XXXX, XXXX, against XXXX XXXX XXXX XXXX who owned the property. The property owned before their foreclosure action of XXXX/XXXX/XXXX was and is The XXXX XXXX XXXX as prescribe under the Florida Constitution. 

The Property owned by the XXXX XXXX XXXX is protected by the State of Florida Constitution,  under Article X Miscellaneous Section 4. Homestead ; exemptions. ( a ) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person. Florida Statute that provides that property owned by a land trust may be homestead property. F.S. 689.071 Florida Land Trust Act. 

There is no waiting period for homestead protection. The protection attaches the day of first occupation of the property with the intent to make it the permanent Florida homestead. XXXX/XXXX/XXXX date of Occupation. The XXXX XXXX XXXX is exempt from forced sale under process of any court as The XXXX XXXX XXXX was never named as a defendant nor was any judgement ruled against The XXXX XXXX XXXX since XXXX/XXXX/XXXX. 





The XXXX XXXX XXXX since it was granted Homestead Exemption effective XXXX XXXX, XXXX, had no judgement against the property it owned nor had any judgment ruled against The XXXX XXXX XXXX. 

Prior to XXXX/XXXX/XXXX, the property was owned by XXXX XXXX XXXX and XXXX XXXX XXXX. a Under The federal Garn-St. Germain Depository Institutions Act of 1982 ( Garn Act ) the property was sold to the XXXX XXXX XXXX and where THE XXXX XXXX XXXX AND ITS HOMESTEAD EXEMPTION WAS RECORDED BY XXXX XXXX PROPERTY APPRAISERS OFFICE, XXXX XXXX XXXX XXXX XXXX XXXX PROPERTY XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, FL XXXX, FILE # XXXX TO BE EFFECTIVE XXXX XXXX, XXXX, as according to The Florida Constitution Governing Homestead Exemptions. The principal residence of a beneficiary shall be entitled to the homestead tax exemption even if the homestead is held by a trustee in a land trust, provided the beneficiary qualifies for the homestead exemption under chapter 196.
1 ) The XXXX XXXX XXXX was homesteaded in XXXX, and XXXX and XXXX 2 ) The Court issued judgement against XXXX XXXX XXXX for property that I did not own. 

XXXX ) The Clerk of Court auctioned off the property that XXXX XXXX XXXX did not own 4 ) Bank of America won the auction bid and in turn sold the property that XXXX XXXX XXXX did not own to a third party. 

5 ) Bank of America knew that XXXX XXXX XXXX did not own the property. 

6 ) Bank of America committed fraud on the court to obtain a false judgement 7 ) The Florida Constitution Governing Homestead Exemptions, was violated by Bank of America by committing fraud on the court. 

My request to investigate this fraud committed by Bank of America and return the property to its legal owner The XXXX XXXX XXXX. 

Sincerely, 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