Consumer complaint received 2015-07-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Settlement process and costs

Complaint:
I went to a closing to refinance my previous mortgage who was with XXXX in XX/XX/XXXX. I was suppose to refinance this loan threw Countrywide Mortgage Co. I signed the docs at closing and This is where it ended. I believe this loan was never funded and or a paid off and was never executed by paying off XXXX XXXX XXXX XXXX An original deed of trust was never placed in a trustee 's position, and this agreement was never fully executed as agreed. And I never received a payoff package from XXXX loan. Bank of America was assigned the loan in XX/XX/XXXX and the loan was transferred to XXXX XXXX XXXX in XX/XX/XXXX. A couple of months after the loan transferred, BOA filed for a law sue in XXXX XXXX District Court for declaratory Judgment for XXXX the full loan amount and for a Quit Title. When this happen, no One would answer my questions concerning the law suit. BOA would not return my phone calls, XXXX XXXX told me that they did not know what was going on with BOA 's law suit after all I was current on my Mortgage payments at this time, and XXXX XXXX Attorney who was pursuing this law suit on behalf of BOA told me this was not a real law suit. All fraudulent and deceitful answers. I had to file a chapter XXXX bankruptcy due to all the litigation 's that I was faced with. After research I found the following to be correct. 1. No assignment of loan was recorded after the release of the lien of field stones loan in XX/XX/XXXX. The release was from XXXX to XXXX releasing this lien. 2. No recorded original deed of trust ever recorded by Countrywide in the county clerk 's office. 3. XXXX did an Assignment from XXXX to BOA and attached it to XXXX XXXX release of lien in XX/XX/XXXX. 4. BOA then did an assignment to XXXX XXXX in XX/XX/XXXX still connected to the release of lien of XXXX. At this time there was never a correct assignment to Countrywide 's refinance lien. 5. A correction of assignment with all new complete changes was done after I filed the bankruptcy and the corrections were filed XXXX XXXX, XXXX from BOA and from XXXX XXXX XXXX Co. I filed my BK in XXXX XXXX and made corrections to the petition in XX/XX/XXXX once I discovered it was filed incorrectly. This loan was never fully executed ; the deed was not registered in the County Clerk Office of XXXX XXXX County. A trustee never held the original deed of trust as stated in the contract agreement that was signed by me. No proof of funding was delivered. No funding or wiring number from the title company. The documents that BOA brought to court showing payment amount never added up to the Amount that the Hud statement showed I borrowed to payoff previous loan. This document that was brought to court was inputted by someone who works in their cooperation, and inputs information into BOA system. This loan is fraud, set up to collect on back end of loan then set up for fore closer to the owner to continue to collect all proceeds on the front end of loan. And then sold to XXXX to collect the XXXX % insurance money once the loan goes into default. It appears to be a racketeering and or ponzie scam set up to take the home from the homeowner by all parties involved. From all Mistakes make by these institutions damages occurred towards me. The courts did rule on the Banks behalf stating the banks need to gets their act together and stop making so many mistakes and that the images secure the loan because he believed they took them from an original copy. The BOA representative who spoke on the input of documents stated she never saw the original in her package of documents, and does n't know where it is. I 'm currently on appeal in the BK district courts of appeal. The instrument that secures this property does not exist and no one knows where it is. XXXX said that they are the owner of the note but how could you be an owner without the secu instrument

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation