Consumer complaint received 2019-08-18
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:
Dear CFPB :

Please find this Amended Complaint; Qualified Written Request; Validation of Debt; and Request for Adequate Assurance from Bank of America  (“BOA”) and XXXX XXXX, Inc. (XXXX XXXX”) aka XXXX  XXXX XXXX   (“XXXX”) for their mortgage fraud; fraud with XXXX XXXX securities; forgery; unlawful collection  and violations of all possible laws. 

While BOA’s sham conduit XXXX  XXXX XXXX, XXXX  (“XXXX”) who pretend to be “owner/investor” (now merely “servicer”) repeatedly stated that I have right to dispute my debt, at the same time they deprived me from  this right  and now illegally  try to accelerate my payments by threats  with a foreclosure – without proper validation or any Assurances, solely based on a poorly forged by XXXX XXXX Allonge to the Note (without any endorsements) where XXXX is not even mentioned. BOA relentless fraud, extortion  and scary tactic placed me under extreme emotional distress which caused severe damages to my health condition since I have to take strong pain killers and sleep medication because I lost my night sleep dealing with BOA and their co-conspirators criminal conduct and violations of all laws.  

I received additional evidence from  XXXX which  clearly indicates that neither XXXX or XXXX are not the real party who actually own my debt but rather fake conduits for Bank of America who illegally cashing my mortgage payment checks without guaranteeing that upon completion of my loan I will successfully own my title. This evidence also shows that my “lender” is simply a front for BoA whose ultimate goal with my loan is to push me into foreclosure through murky collection practices and fees while the bank enriches itself through reselling my loan through securities known as CDO (derivatives). 

This evidence further shows that my performing loan was internally defaulted by BOA to illegally remove it from XXXX  XXXX custody by abusing a XXXX XXXX rule that give issuers the option to buy back their loans if the loans are 90 days delinquent or more; and resell for profits . 

Both XXXX  and XXXX  merely  impersonate as "servicer" and "owners/investors" to defraud me about the real identity of the party – BOA - who collects my mortgage payments as their handsome income  while they want me to think I repay the debt to legitimate investors; as well as about the real party who sends me threatening Notices – XXXX  XXXX. 

My conclusion is based on  XXXX  respond  on XX/XX/XXXX where they sent me a copy of poorly forged Alonge to the Note which lacked any chain of Assignments in violation of all applicable laws; and threatened me with a Payoff demand – while I never refused to pay my mortgage to the  lawful owners of my debt as soon as the debt is validated. 

Plus, it appears that onXX/XX/XXXX XXXX   promptly changed its payment mailing address from XXXX XXXX XXXX  XXXX  TX to XXXX XXXX  XXXX, XXXX XXXX   CA, so I don’t even know where my mortgage payments should be mailed and who actually collected them in XXXX, TX where neither XXXX or XXXX  have no officers nearby. 

On XX/XX/XXXX I emailed  a Complaint to Michigan Senator XXXX  asking for help and intervention. I included in this email Bank of America’s top executives. 

The very same day,XX/XX/XXXX XXXX,  who during last three months  was not able to located any documents related to my loan,  suddenly "found" the whole closing package (!) which was emailed to them by someone else ( XXXX  XXXX) via large PDF file. 

You can see from the attached documents, the top and the bottom of each page has a line "Generated by XXXX XXXX" (on top); and "click here to unlock XXXX" (on the bottom). This PDF file was sent by someone, aka XXXX  XXXX, owned by Mr. XXXX, XXXX, who also owns XXXX. While one part of Mr. XXXX business – XXXX XXXX fka XXXX XXXX XXXX /XXXX – operates a sophisticated forgery mill of  mortgage Notes to defraud borrowers and investors; another part – XXXX   XXXX  – issues property Title insurances for fatally damaged by  XXXX XXXX Titles

XXXX  mailed this  package to me by overnight XXXX   about XXXX XXXX the same day, XX/XX/XXXX, apparently without even reviewing included  documents. Bear to repeat, I requested these documents since XXXX   XXXX  and XXXX  was not able to locate it until I included Senator XXXX  into this dispute.  Otherwise they would notice that the Note is not endorsed at all; and the Allonge is very poorly forged by someone who has NO authority to sign Notes or transfer them. 

XXXX   merely  separated XXXXt file in two parts and put one part on front of their package - such as a  copy of my Note without ANY endorsements and a copy of a very poorly forged Allonge  prepared by XXXX  XXXX XXXX XXXX  who on XX/XX/XXXX (!) the same day as my loan was signed, passed it to XXXX XXXX XXXX   while XXXX claimed that they received it on XX/XX/XXXX. It was unclear if Mr. XXXX  worked for XXXX or XXXX   at the time when he signed Allonge  to this Note which Mr. XXXX  had no authority to sign under ANY circumstances. 

This is a glaring violation of all endorsement rules, plus Collateral Shipper XXXX  (who worked for whom?) had NO authority to sign anything to XXXX, he merely must obtain an authorized signature. XXXX XXXX or any Trust was not mentioned at all, as well as Mortgagee XXXX or “owner/investor” XXXX  (who is a FAKE Servicer) . 

I suspect that this Allonge was  prepared on a  rush basis on the same day, XX/XX/XXXX by  – Mr. XXXX - who had no idea about anything regarding my loan -  when XXXX   received it (XX/XX/XXXX); XXXX as a mortgage, ect. Someone (aka XXXX  XXXX) merely had someone (posing  as XXXX XXXX)  to sign an obviously fraudulent document. 

Mr. XXXX signature is not a wet ink signature and appears to be an electronically forged signature which can be placed by anybody – thus, a modernized variation of robo-signing. 

In the middle of the document pile XXXX  put billing documents received probably from XXXX. The don't have PDF file on the bottom and top (see XXXX  Sequence of documents)

 At the end XXXXc  attached  all documents related to origination, including Appraisal, photos, ect. Total over 100 pages (speaking about "broad and burdensome" request to give me a name of the Trust and proof of the valid Transfer with  value paid). Obviously, XXXX  wanted to make an impression that all these documents were originally in their files and kept in  consecutive chronological order while they were obviously not. 

 Again, the front  and back parts of these documents were the same voluminous PDF file received by XXXX  via email from XXXX  XXXX  for the first time on XX/XX/XXXX while documents in the middle came from some other sources. 

None of these documents mentioned  XXXX as an "owner/investor" (now XXXX claims to be merely "servicers" while Servicers are NOT owners of the loans, thus XXXX made false statements to mislead me about their “ownership” ).

Here is  no proof of any valid transfer or any value paid by XXXX to XXXX or by XXXX to XXXX from whom XXXX received my loan from XXXX via  Allonge transfer on XX/XX/XXXX while XXXX insisted that they obtained my loan from XXXX onXX/XX/XXXX.  According to endorcement rules,  must use the NOTE space first before they attach any allonges. 

According to the Rules: The note must be endorsed to each subsequent owner of the mortgage unless one or more of the owners endorsed the note in blank. The last endorsement on the note should be that of the mortgage seller. The mortgage seller must endorse the note in blank and without recourse. 

The only endorsement on the Allonge is “Pay to XXXX   XXXX  XXXX, Inc without recourse” was made on XX/XX/XXXX while XXXX claimed they are next servicers who receive my loan onXX/XX/XXXX for servicing purposes and owner/investor is XXXX  XXXX. No other endorsements are  present – neither to XXXX  XXXX   although they must be listed on the Note; nor to XXXX. 

The Rules also specify using an Allonge for the Endorsement.   The endorsement must appear on the note. An allonge  may be used for the endorsement as long as the following requirements are met: The form and content of the allonge used must comply with all applicable state, local, or federal law governing the use of allonges and result in an enforceable and proper endorsement to the note.  The allonge must be permanently affixed to the related note and must clearly identify the note by referencing at least the name of the borrower(s), the date of the note, the amount of the note, and the address of the security property.  The note must clearly reference the attached allonge. XXXX XXXX status as a “holder in due course” must not be impaired. 

Once again, here is NOTHING on the Note referencing to XXXX  XXXX; or XXXX or Allonge itself which was prepared by collateral shipper Mr. XXXX  who does not have authority to assign any Notes. 

In other words, my Note and Allonge are a glaring example of modern documents forgery committed by the same companies who flooded US Courts with forged robo-signed foreclosures. These companies changed their names to XXXX, XXXX, and XXXX XXXX but their criminal practices are the same. 

Bear to repeat, after I asked why both servicers  - XXXX   and XXXX receive my payments in the same post Office in XXXX TX, XXXX  promptly changed payment mailing address from XXXX XXXX  in XXXX TX to XXXX XXXX  XXXX XXXX  XXXX  CA .

 So, where I should pay my mortgage? Why XXXX   demanded my XXXX, XXXX and XXXX payments to be mailed to XXXX TX if they don’t even have offices in TX? Whom I paid my debt when I mailed my payments to XXXX  TX?  

When I spoke with XXXX on XX/XX/XXXX around XXXX how they  deposited   my payments (this conversation was  witnessed by XXXX banker XXXX   XXXX  who processed my check  to XXXX), XXXX   representative Mr. XXXX said that XXXX deposited it in THEIR account with Bank of America. 

According to the refund check XXXX  mailed me on XX/XX/XXXX from their Oklahoma XXXX XXXX XX/XX/XXXX XX/XX/XXXX, OK XX/XX/XXXX, this BOA location is in Georgia and routing number is XX/XX/XXXX. It does not make any sense for XX/XX/XXXXwhose place of business is in Oklahoma, to collect my payments in XX/XX/XXXX TX and issue me refunds from BOA account located in XX/XX/XXXX GA while process my payments with a different BOA location. If XX/XX/XXXX used BOA location in GA, it would be reasonable to deposit my payments on the same account. 

Based on XXXX XXXX  MBS Guide, my payments should be handled by a Trustee (apparently XXXX XXXX  XXXX XXXX) and distributed to XXXX XXXX investors. None of it present.

But my payments were processed by BOA in TX (where neither XXXX or XXXX  do not have any offices nearby) and Bank of Final Deposit had routing number XXXX, which belonged to XXXX XXXX XXXX   which merged with BOA

The name of the Trust is not mentioned but the XXXX XXXX pool is supposedly XXXX. XXXX XXXX pools have different abbreviations; and I was not able to locate any XXXX Trusts.

Now XXXX  said that they prepared a PayOff Demand letter, apparently trying to demand me to pay them FULL amount of my loan, in violation of all applicable laws, while I never refused to pay my debt and lawfully requested Validation of Debt and Adequate Assurance during which time I have right to suspend my performance.

XXXX on XX/XX/XXXX for the first time provided me a copy of my Note – without ANY assignments; and poorly forged Allonge to the Note while the Note has no references to any Allonges or XXXX what-so-ever; and now XXXXXXXX wants me to pay them the ENTIRE amount of my loan, which is a text book fraud; wrongful collection; violation of FDCPA and racket under RICO Act.

So, the delay with payment was caused not by my refusal to pay ( I am willing and able my debt to legitimate investors) but by XXXX  violation of all applicable laws.

I really don't know that to do about since these criminals have no limits in their violations of the law and I am consented they can illegally foreclose even though I have all evidence of their fraud and they cannot accelerate payments during validation period. 

I contacted XXXX XXXX (who emailed XXXX  PDF file on XX/XX/XXXX)  Here is that they said: “Ms. XXXX, Thank you for your correspondence.  This matter does not involve XXXX   XXXX business activities and any questions that you may have should be directed to the current servicer of your loan. Sincerely”

This is a blatant lie. First, XXXX XXXX ordered a copy of the FEMA map acting on behalf of XXXX as their client. 

Second, anyone who knows about securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued. 
For nearly all loans the central command was XXXX, aided by XXXX. 

While XXXX is technically defunct and XXXX XXXX went to jail taking one for the team, the functions of XXXX  remained the same.

XXXX  changed its name to XXXX  XXXX  who in fact is owned and operated by XXXX   and Me. XXXX XXXX, and in a PR coup transformed itself into the publisher of what is largely viewed as comprehensive data on mortgage lending and foreclosures. Hence it went from the purveyor of false, fraudulent, forged documentation to the purveyor of data perceived as reliable and thence became a trusted source whose data is considered worthy of legal presumptions.

Systems at XXXX/XXXX XXXX  include data processing on virtually all residential loans subject to claims of securitization many of which are represented by data on the XX/XX/XXXX  Platform which is a workaround to hide separate split transfers of the debt, the note and the mortgage or deed of trust. The systems on XXXX/XXXX   XXXX are designed for the express purpose of presenting consistent data in foreclosure claims. As such it also enables the rotation of apparent servicers, none of whom perform bookkeeping functions even if some of them interact with borrowers as if they were actually the servicers.

The rotation of servicers comes with the false representation and illusion of boarding in which the process is falsely represented as meaning that the new servicer inspected, audited, reviewed and input the data into their own system. None of that occurred. Instead the new servicer merely gained access to the same XXXX   system as the last servicer with a new login and password.

All evidence shows that the functions for fabricated, forging and robosigning documents continue to be performed under the direction of XXXX/XXXX XXXX (in fact, by XXXX under leadership of XXXX XXXX XXXX) ) which receives all instructions from various investment banks who have each started their own securitization scheme masking apparent trades in the secondary market for loans and trades in the shadow banking market where “private contracts” are regularly traded without any securities regulation.

 Far from dropping their connection with XXXX/XXXX the major banks have completely embraced this central repository of all loan data, all of which is subject to manual and algorithmic manipulation to suit the needs of the banks; thus they produce a report that creates the illusion of credibility, reliability and even independence even though none of those things are true.  This is why the claims of a “Boarding process” are pure fiction, because the records are always kept in the same place and never move. 

This is obvious in my situation with fake Servicers XXXX   and XXXX  who have no documents pertaining to my loan. 

XXXX was the place where most of not all document fabrications took place including signatures that were forged or robosigned. Fabrication means that they were creating documents that did not previously exist. Those documents did not exist for only one reason, to wit: there was no transaction to document so the document was never prepared until it was necessary to fake it for the purposes of foreclosures.

XXXX XXXX  is now used as a trusted source of information about mortgages and foreclosures despite being the central entity (operating through third party contractors) from which false documents are created and used in foreclosures.

It was necessary to fake it because under the law, it isn’t enough to allege or assert that a borrower failed to pay. Failure to pay is only a breach as to the owner of the debt who is entitled to receive the payment because he/she/it paid money for the debt and the rights to enforce. But no such payment ever occurred. If there is no rebach there is no claim.

So in order to cover-up the illusions created by fabrications of documents, it was necessary to fake the sending, filing and serving of process of documents. The secrecy  was accomplished by sending the notices not from the central repository, XXXX XXXX, which would make it obvious that it was all coming from one place, but from different locations around the country — hundreds of them.

So in my  example, XXXX agrees to let XXXX XXXX   use its name for notices, and Bank of America agrees to have the notice sent from one of its thousands of locations. In reality the notice came from XXXX XXXX (aka XXXX).

Again, it is very evident in my loan where XXXX  XXXX   was secretly  involved from the beginning when XXXX   XXXX ordered a Flood Insurance Map from FEMA acting on behalf of their “client” XXXX, the purported “Lender”. 

 The  massive PDF file to XXXX was emailed on XX/XX/XXXX  by XXXX  XXXX  who did not even bother to prepare somehow legitimately-looking assignment or  include XXXX into it. Thus, Mr. XXXX   XXXX, who forged an Allonge, shall be held for document forgery and fraud against Federal Government from who Mr. XXXX  STOLE my loan and the Note which he “assigned” to XXXX, not XXXX XXXX. 

XXXX  evasive and incomplete responses regarding essential documents related to my debt – a copy of my Note with full chain of transfer and a receipt of sale/purchase,  leaves only one possible conclusion, to wit: that the loan origination was only one part of a much larger undisclosed scheme, the existence of which was intentionally obscured and withheld from the borrower, whose name, signature reputation and home were not just material, but absolutely essential requirements for the success of the scheme, which includes huge  tax evasion and money laundering. 

The intent was clearly not to receive repayment of a loan. In fact all evidence currently available suggests that any money that has been received as a result of the “loans” to consumers was actually revenue disguised as principal, interest, or the proceeds of property sales – voluntary or involuntary. 

The current evidence strongly suggests that there was a complete conversion of the loan receivable from the category of “asset” to “income.” In order to maintain the illusion, which required concealment of the conversion of the apparent loan receivable from asset to income, it was necessary to bring foreclosure actions on those consumers who had stopped making payments. This was true even though the parties to whom they were making payments, were not collecting on behalf of any party who owned the debt by virtue of having paid money for ownership of the debt and the rights to enforce it.

But since the loan receivable had been converted from asset to income they had to create the appearance that the conversion had never occurred. And that is why we saw widespread fabrication, forgery and Robo signing of backdated documents that referred to nonexistent transactions. In reality it is simply not possible that anyone in the chain of title could have paid any money for ownership of the debt and the rights to enforce it; this was simply because none of those parties had ever funded the origination or acquisition of the debt. All attributes of the debt and all revenue streams or profits from treating indirectly on the debt were sold for profit in which the participants in that revenue stream received at least 11 times the amount of the purported “loan.” As part of the cover-up most of the revenue stream was reported as return of capital, implying that the conversion to income had never occurred. This enabled avoidance of substantial income taxes on regular trading income.

The taxes lost to State and Federal Government were far in excess of the cost of various packages that were used to stimulate the economy after the crash caused by the very same investment bankers who had cheated the government out of the receipt of tax revenues, cheated homeowners, and cheated investors.
 
In the recent Complaint filed by the Department of Justice against XXXX  , the insiders who were trading digitized certificates and contracts deriving value from an index that referred to a group of loans that were not owned by any of the participants, referred to the “pooling” and the derivatives as a bag of XXXX whose value was something less then XXXX. And that is what is being enforced in foreclosure courts across the country. And somehow most homeowners continue to experience feelings of shame and regret for not giving even more revenue to players who will already profited in XXXX proportions to any money that was loaned. Those homeowners think that they are either paying a debt if they are making monthly payments, or they are giving up their house to pay a debt. If that was true, that none of the fabrication of documents, forgery or Robo signing would have been necessary. 

Thus, a full validation of my debt to XXXX aka BOA;  and Adequate Assurance that I deal with a legitimate company, not with a bundle of the same criminals  who once crashed US economy is absolutely mandatory.  I respectfully request you to intervene and ORDER BOA, XXXX, and their co-conspirators to compensate me for ALL damages, in the amount no less that (1) 15% royalties from trades on my name, signature and reputation; (2) treble damages for fraud and forgery;( 3) treble damages for racket; (4) damages for extreme emotional distress while dealing with BOA RICO enterprise who as of today is engaged in a wide-spree crimes. 

BOA found it lucrative to gamble with lives and homes  of veterans like myself, with gross disregard to all damages their criminal conduct can cause. The laughable settlements paid by BOA with other people money only made fraud more attractive since BOA acts with total impunity and not afraid to defraud borrowers as much as they want. 
 
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