Consumer complaint received 2022-10-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am glad that I finally received letters from the holders of the bank of america note, XXXX XXXX. I was tied by what the attorneys had done in court for a long time and the only thing in my control is to keep paying my house payment I was told " wraps the bank of america mortgage '' to keep my kids and I under the roof of our home we are buying. 

Please understand I have my mother and also a kids with XXXX and XXXX XXXX XXXX XXXX  and I loved being at one place instead of renting and moving 22 times prior finding a permanent place and we struggled to pay the payments and the attorneys. 
XXXX payments. 
Please work with me. I will cooperate in any way.within truthfulness and the law and my means and those of my mother and my kids to keep our home. 
We were not allowed to meet with the " bank '' and we could not talk to you directly until now you sent a letter requesting continued modification of XXXX. I do not have the. paperwork of a XXXX workout but I will forward the police report I was told to do by the advocacy group for people like my mother and I and my kids. 

what will it take to keep my house of 15 years. I want to enter into a settlement with you and request an answer prior to some intentions of a third party investor to try to take my house away after you had accepted 8 years of payments during foreclsoure. Can we use those funds to try to get the loan reinstated please. 

The mortgagors, XXXX, already bout 7 or 8 condos they sold as seller financing and other rented and instead of paying your mortgage they bought a house cash for XXXX in Florida. We did not buy and bailed. We kept our contract during the pendency of the lawsuit and it was so hard to pay attorney fees at the same time... 

I will cooperate with the bank in any way to keep my house and please know that I have not kept any of XXXX XXXX 's cash, that was entrusted to the trust account. I was told those funds were in the court, however in calling the court says there is nothing there, maybe in possession of trust company or your bank escrow account. I do not have them nor my mother We kept the house insured ( despite your attorneys interfering with a water leak ( I paid out of pocket therest of my money XXXX ) claim wehere the adjuster of XXXX did not even come, as your attorney interfered. 
Then the same day he filed his wish of paying his attorney fees to the court and other costs, he interfered with the other replacement insurance. Please understand I have to keep fire hazard insurance active, My insurance at my home went from XXXX a month to XXXX a month which I am paying and the house is insured. 

I paid the taxes that were delinquent cash and I have the receipt. I have acted in good faith. Can you please work with me. I may be XXXX but I am able to pay for my house monthly payment. 

There are XXXX XXXX dollars at least there to work with me to keep my house. - see attached affidavit and deposition of the trust company. 

I have been in a position of equity since the XXXX 's long gave a special warranty deed to me at closing and have never lived there for the last 15 years. I beleive they refinanced three times and sold the house and got money after each transaction. i have no knowledge if they even made a single payment but was told via email 4 months after closing that the Salcedos " mortgagors '' were in " modification status '' which at that time I had no idea what it was. 

XXXX XXXX XXXX was the escrow closer of the transaction in XXXX. He is a fellow real estate brokerr/escrow attorney. I had no idea of any details of the bank loan status or was even given the note to see the rate or loan amount or any amortization of payments but handed the " real estate contract '' that was a " dollar per dollar wrap '' then you the bank asked me to ask the XXXX 's to give a quit claim deed to me, and it was done by them a little later ( missing document letter ) When it arrived, then XXXX XXXX wanted to foreclose in my name my house. I was told that if you do, then both my mother and I would not be able to get a HUD loan for 7 years XXXX of the investors that called XXXX - wanted to buy the home for {$1000.00}. We declined. 


I have not heard from you about the enclosed letter since XXXX to move forward to settle. 

What will it take to settle/modify/resume payments on my house because I want to keep my house. 

I took over payments in a XXXX dollar per dollar real estate contract on the original loan with the original rate as advertised by XXXX. The loan is XXXX. 

I can ask XXXX title to provide the amortization schedule of the payments they should have given me but did not However it was worked out by XXXX XXXX ( escrow steart title ) and we can apply the monthly payments in cash from XXXX XXXX, my mother, ( who is not the same person as XXXX XXXX ). to work this out. She put her social security funds exempt retirement to this to help me out, and this money is in control of the trust company as per the attached affidavit and deposition. 
I never got a dime back nor I had asked because that is for my house, Again we were drilled for 5 hours by 3 attroneys and a mediator to disburse otherwise and we said no that we want the house NOTHING WAS SETTLED WITH THEM AND I ATTACH THE ATTORNEY DECLARATION TO CFPB WHICH STATES HE KNOWS OF A SETTLEMENT. If I do not know and have not settled how can he knonw? that is nonsense. I asked my attorney that I want to keep my house and negotiate to keep my house not to pay XXXX XXXX for interfering with the XXXX modification /assumption The REC was not set up as an assumption at closing We have NOT ENTERED INTO ANY SETTLEMENT WITH XXXX XXXX AND XXXX XXXX. if XXXX XXXX insists we would like to see such document asap. 

We filed a police report for embezzlement because we want to see where it and we got documents that nationstar has the funds yet the atttoney says otherwise. We do not know who to believe, the bank or the bank attorney. 

Also we do not know who sandia atorneys are. they got a copy of the police report and XXXX XXXX is asking for it, did your XXXX attorney not give you a copy. 
XXXXXXXX XXXX is a fiduciary, can not settle the cash of third parties that they hold, they are regulated by organisms like XXXX XXXX XXXX and FTC. They are a third party to the cash just custodians. 
Attorneys can not comingle trust and iolta accounts and their attorney fees. 

What wil it take to finalize what we agreed in XXXX before the attorneys and investors got involved? by the way I also want to tell you that I reached bank of america and they never gave me information but a third party authorization to disclose information that the XXXX did not sign. 
We never had information on the loan from Bnk of America or you depspite the attorney declaration to CFPB. What does he know. He never ereceived the " correspondance '' from Bank of America or you saying you can not disclose the loan to third parties like us. 

Well it is our house. and even if your clients did not want to do the right thing, we do because we want to keep our house and have showed it through years of payments during the foreclosure lawsuit if 8 years. 

We havenot used cash to speculate or have received a cent back of what was entrusted to the trust company. It is not change it is XXXX after the XXXX motion for foreclosure and it is about another XXXX prior since XXXX. I do not believe the XXXX 's made a single payment. 
what else do you need from me to work this out. What else do you need from my XXXX old mom -she gave it all she had- and more to work this out.

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