Consumer complaint received 2019-08-27
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:
Complaint against Bank of America ( BOA ) re : fraud with Ginnie Mae Securities ; mail fraud ; wire fraud ; impersonation, identity theft ; wrongful collection unjust enrichment and other misconduct. 

Dear CFPB, On XX/XX/XXXX Bank of America sent me a reply - without any signatures from employees - saying that BOA does not servicing my loan and BOA considers this matter closed. I disagree. 

I never asked BOA if they are servicing my loan. I asked why BOA is pocketing my mortgage payments through a highly secretive scheme with XXXX who intentionally conceals who is a real payee. 

On XX/XX/XXXX XXXX employee XXXX XXXX sent me a letter advising that XXXX cashes payments received from customers though a banking institution, and BOA is XXXX banking institution. BOA is unaffiliated with the subject loan other than as XXXX banking institution. Which appears to be another lie by trained to deceive customers XXXX  employee, as usual. 

If XXXX received my payments ( which should go to Ginnie Mae Trust for benefit of investors, not XXXX ) when why XXXX is never mentioned as a final Payee in any of my transactions? Why XXXX concealed identity of the Payee within account who is obviously not XXXX? XXXX mailed me a check from their BOA banking institution located in XXXX GA whose routing number is XXXX while my mortgage payment checks are cashed by BOA located in XXXX TX whose routing number is XXXX. All of it is inconsistent with XXXX statements which are just another lie sent me by XXXX with every single respond to my complaints with CFPB. 

Since every single response from BOA and XXXX employees XXXX, XXXX and XXXX are blatant lies, I respectfully demand BOA to validate the ENTIRE transaction as required by RESPA ; validate my debt collected by BOA under climpse of " XXXX '' since XXXX to present time under FDCPA ; and provide me Adequate Assurance that BOA/XXXX LAWFULLY obtained rights to collect ; and that my loan was placed into Ginnie Mae Pooled Security XXXX held by a Trust where XXXX XXXX XXXX XXXX ( XXXX  ) is a Trustee. 

I request XXXX to provide me the following information : 1. Who was the actual lender for my loan - XXXX , XXXX  or someone else ( Bank of America for example ) 2. Where Collateral Shipper XXXX XXXX works? XXXX, XXXX or somewhere else? Please provide me Mr. XXXX 's contact information and the name of his supervisor. 

3. Did XXXX or XXXX assigned my loan to any Ginnie Mae Trust or Custodian? Please state names of ALL parties involved in this transaction : Issuer, Custodian, name of the Trust, ect 4. If XXXX or XXXX did not assigned my loan to any Trust within 30 days as required by IRS Code 26-860G,  please state why XXXX did not do it. 

5. Please confirm when exactly XXXX transferred my loan to XXXX ; and provide me a proof of transfer of the debt along with the proof of payment made by XXXX and the value received by XXXX as required by UCC Art 9 ( aka RECEIPT ) which can show that Payor ( XXXX  ) is the new owner of the debt and Payee ( XXXX ) was the prior owner. 

Transfer of debt is by payment for the debt. Payment means you have a legal and equitable right to claim the debt as your own. Payor is the new owner of the debt and the Payee is the prior owner of the debt. There are no exceptions. 
I have very serious concerns regarding my mortgage, validity of my debt and clarity of my Title.

Please identify the name of the Trust ; and provide all documents proving that my VA Loan with XXXX XXXX , XXXX signed on XX/XX/XXXX was transferred to the Trust within 30 days from the Closing Day, per IRS Rule 26-860G and is currently in Good Standing with Ginnie Mae, including a full chain of assignments ; copies of Master Custodial Agreement between XXXX ( aka XXXX ), GNMA and Custodian ; copies of Pooling and Servicing Agreement between Ginnie Mae and XXXX or other Company ; names and contact information of Trust and/or Documents Custodian ; name of the current Trustee for the Trust ; proof that my loan is in good standing with GNMA and was not removed from its Custody ; proof of my payments distribution to GNMA investors. 

Property Address : XXXX XXXX XXXX, XXXX MI XXXX. XXXX XXXX # XXXX XXXX XXXX XXXX, XXXX ( XXXX ) # XXXX XXXX, XXXX. ( XXXX ) Loan # XXXX. 

Please expedite your response since BOA acting under glimpse of XXXX, who claims to be owner/investor threatens me with foreclosure during Debt Validation ; without providing me ANY documents in support of its ownership except a poorly forged Allonge to my Note ( which lacks any assignments ) which were emailed by someone to XXXX ( aka XXXX XXXX ) on XX/XX/XXXX. 

Statement of facts : In XX/XX/XXXX I submitted a Loan Application to Mr. XXXX XXXX for VA loan with XXXX Mortgage. My application was approved. 

On XX/XX/XXXX Mr. XXXX sent me a Commitment Letter informing that I will be purchasing XXXX XXXX XXXX, XXXX product called " XXXX XXXX VA 30 yr Fixed '' On XX/XX/XXXX we had a Closing with XXXX at XXXX XXXX in XXXX MI. RESPA Disclosure statement only mentioned XXXX as a Lender ; and XXXX XXXX as an Agent. No other affiliates. 

My loan was assigned 3 different numbers right away. XXXX Loan # XXXX, XXXX Servicing Number XXXX ; and VA loan # XXXX. 

On XX/XX/XXXX I received a Notice of Transfer from XXXX who informed that they begin servicing my loan from XX/XX/XXXX and I shall send my payments to their XXXX XXXX XXXX in XXXX TX XXXX and assigned the fourth number for my loan - # XXXX as XXXX 's servicing number. 

On XX/XX/XXXX XXXX sent me a letter confirming that XXXX was a Lender and a prior Servicer ; and XXXX assumed servicing on XXXX XXXX, XXXX On XX/XX/XXXX I received a Map Amendment letter from FEMA which allowed me to remove unnecessary Flood Insurance placed by XXXX. I immediately sent this letter three ( 3 ) times to XXXX 's address XXXX XXXX XXXX in XXXX TX XXXX. XXXX never responded to my request to adjust my escrow. 

On XX/XX/XXXX XXXX transferred my loan to XXXX XXXX XXXX XXXX who assigned my loan a fifth number XXXX. So, total five different loans resulted from one transaction. 
XXXX claimed to be " owner/investor '' and started to mail me billing statements from XXXX. XXXX XXXX, XXXX TX XXXX, which is located in the same Post Office as XXXX 's XXXX XXXX XXXX, at XXXX XXXX XXXX XXXX, TX. But according to MERS website, my owner/investor in Ginnie MaXXXX. 

I found it suspicious that XXXX " owns '' my performing VA loan which should to be assigned to Ginnie Mae 's Trust. It is well-known that Ginnie Mae does not sell performing loans and they stay in Ginnie Mae 's Custody for the life of the loan until full repayment or refinancing. I was never late on my payments and here was no reason for Ginnie Mae to SELL it to XXXX or XXXX. 

I also discovered that XXXX and XXXX are actually the same company - XXXX   XXXX ( XXXX ) - just renamed. Their executives have over 250 years of combined experience defrauding borrowers and investors. So, full disclosures were warranted. 

I requested explanations from XXXX how XXXX became the " owner/investors " of my debt with XXXX. 

On XX/XX/XXXX XXXX 's VP XXXX XXXX sent me a letter where she confirmed that XXXX assumed my loan on XX/XX/XXXX ; and informed that " XXXX HAS NOT received any documentation indicating the property is no longer in a designated flood hazard area '' ( bear to repeat, I mailed three letters ). But my checks sent at the same time were received and deposited.

It created a reasonable conclusion that the Company who sent me billing statements and collected my payments is NOT XXXX but someone else. 

When I asked XXXX about Ginnie Mae 's Trust and the name of Trustee, XXXX refused to respond and claimed it " Proprietory information ''. 

On XX/XX/XXXX I sent my Notice for Validation of Debt to XXXX who repeatedly claimed to be " owner/investor ''. Under UCC XXXX I have rights for Adequate Assurance that my performing loan is with Ginnie Mae 's Trust and in good standing. 

Following the request, my loan descended into chaos. The letter chain is as follows : XX/XX/XXXX : XXXX negates receiving updated info about my homes location in a non-flood zone and incorrectly calculating my escrow account ; refuses to answer questions about the loans transfer from XXXX to XXXX ; and identifies that new loan servicer is XXXX XXXX XXXX XXXX XXXX ( XXXX ) but that XXXX is the current note holder and that the loan is in a pooled security guaranteed by the Government National Mortgage Association ( Ginnie Mae ). 8 out 10 of my QWR questions about my loan are proprietary and will not be provided. Worth to mention, my Note with Assignment into ANY Trust is not recorded with XXXX XXXX XXXX XXXX, which is a glaring violation of IRS Rule 26-860G which requires all Notes to be assigned into a Trust ( specially in Ginnie Mae Trust ) within 30 days after Closing. Now its three years too late to assign. 

XX/XX/XXXX and XXXX, XXXX : XXXX sends a letter announcing itself as owner/investor for my loan. 

XX/XX/XXXX, XXXX, XXXX, XX/XX/XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX ( 2 letters ), XXXX, XXXX, XXXX ( 3 letters ) XXXX ( 2 letters ), XXXX, XXXX, XX/XX/XXXX, XXXX, XXXX, XXXX, XXXX XXXX ( 25 letters total ) : XXXX says it is in the process of conducting a full review of your loan in response to my request for debt validation. In the final XXXX letter says it needs another 15 business days to complete our search. 

XX/XX/XXXX : XXXX announces that loan owner/investor is Government National Mortgage Association ( Ginnie Mae ), says that details of securitizations of loans is proprietary. Which contradicts with XXXX XX/XX/XXXX letter who said that my loan is in Ginnie Mae Pooled Security XXXX held by a Trust where XXXX XXXX XXXX XXXX ( XXXX ) is a Trustee. Therefore, my mortgage payments shall be received by a Trustee who distributed to Ginnie Mae investors. 

XX/XX/XXXX : XXXX says that it has purchased my loan and was now the both the creditor and loan servicer. The Trustee to the loan is XXXX. Furthermore, the agent writing the letter said that XXXX determined my request to be unduly burdensome, irrelevant to the servicing of the loan, or the information [ I ] requested proprietary. The trust for the loan or legal requirements for my debt validation are never provided. 

XX/XX/XXXX : XXXX writes that it is unable to provide recent information on the loan ; writes to say reach out to your new servicer for assistance. 

XXXX, XXXX, XX/XX/XXXX. XXXX mails me billing statements from XXXX. XXXX XXXX, XXXX TX XXXX, while in their correspondence XXXX 's stated their payment address is XXXX. XXXX XXXX XXXX XXXX CA XXXX. My payment mailed to XXXX XXXX XXXX XXXX TX was promptly cashed. 

XX/XX/XXXX. XXXX sent me a Default Letter from XXXX. XXXX XXXX XXXX CA XXXX. Worth to mention, under FDCPA and UCC debt collectors must CEASE all collection activities, not accelerate them. Which again triggered a conclusion that the billing statements were mailed by someone else who cashed my payments, not XXXX. 

I have a friend in XXXX who is a victim of XXXX fraud in XXXX when they purchased a predatory loan originated by America 's Wholesale Lender ( AWL ), a fake corporation created by XXXX to defraud customers and investors. In the original Note dated XX/XX/XXXX XXXX demanded payments to be sent at XXXX. XXXX XXXX, XXXX TX XXXX, which is next to XXXX and XXXX XXXX XXXX at the SAME location. 

Moreover, after Bank of America " purchased '' XXXX in XXXX, they begun servicing this loan but in XXXX " sold '' it to XXXX XXXX. In XXXX XXXX mailed my friends a Notice of XXXX from their XXXX. Box XXXX XXXX CA XXXX, which is next to XXXX 's PO Box XXXX - while neither XXXX or XXXX have no offices in XXXX. In XX/XX/XXXX XXXX filed a foreclosure case XXXX CH XXXX against my friends where the Trustee for Trust XXXX XXXX is XXXX  whose office is located at XXXX XXXX XXXX, XXXX XXXX, CA. 

On XX/XX/XXXX I received a respond to my CFPB complaint from BOA whose office is located at XXXX XXXX XXXX, XXXX XXXX, CA. BOA ( without any contact information ) advised me that they do not servicing my loan and consider this matter close. I never asked if BOA is servicing my loan. I asked why BOA cashed my mortgage payments which should benefit Ginnie Mae investors and processed by Trustee XXXX. 

On XX/XX/XXXX XXXX replied to my CFPB case and said they have no relationship to my transaction. 

On XX/XX/XXXX at XXXX I emailed a Complaint to Sen. XXXX  where I included HUD , SEC  and BOA officials. XXXX was not included in this email. 

The very same day, XX/XX/XXXX XXXX, who was unable to find any documents for my loan, sent me a huge XXXX  package where they included a copy of my Note without any assignments ; and Allonge prepared by Collateral Shipper XXXX XXXX who on XX/XX/XXXX transferred my loan to XXXX from XXXX. This package was emailed to XXXX by someone else via PDF file, thus XXXX never had my loan documents. 

I think this XXXX was prepared the same day, XX/XX/XXXX, on the rush basis since XXXX was obviously not ware when XXXX assumed the XXXX and who are other parties. XXXX only had information as appeared in the Closing package - the name of the XXXX, closing date and maybe XXXX from XXXX. 

During all time in question my mortgage payments were cashed by BOA in XXXX TX via very secretive TransCentra transfers while XXXX insisted that BOA is not related to my loan. 


Conclusion As I mentioned above, today I am in danger of being involuntarily foreclosed on even though I PAY and want to continue pay my loan. The only problem is : who do I pay to? Secondly, how much? Given the exploitations on my mortgage, these questions are hard to answer. My mortgage is a case study for the current mortgage machinations that endanger Americas housing market today and the companies responsible. My hypothesis is that my mortgage was fraudulent from beginning. Todays mortgage lending systems end goal is not to guarantee homeowners a clean home title at the end of their loan and contractually guaranteed private property, as it was a generation ago. Its entire purpose is to mislead homeowners on the nature of their purchase ; and create a handsome income for Big Banks under glimpse of " repaying debt ''. 

I want also mention case 12-CH-17078 recently decided by Illinois Appeal Court in favor of a fraudulent " Servicer '' XXXX. Based on recorded in XXXX county Deeds, it is a fraud with Fannie Mae securities. In XXXX lawyers assigned a Deed to Fannie Mae whose " point of contact '' was Mr. XXXX XXXX in XXXX. But Mr. XXXX never worked in XXXX. He worked for Fannie Mae in XXXX, CA from XXXX thus can not be a " point of contact '' in XXXX. 
In XXXX " Fannie Mae '' recorded a Deed for XXXX XXXX ( another shady investment company aka XXXX ). Fannie Mae 's address is the SAME as mailing address for " Servicers '' XXXX and XXXX in XXXX TX! How can three unrelated to each other companies have P.O. Boxes in the SAME post office - if none of these companies have offices nearby? 

This is a massive securities and mortgage fraud based on banks XXXX Ponzi scheme - and a huge dark money laundering mill though American housing market using certain companies like XXXX ( XXXX XXXX XXXX ) who helps banks to process mortgage payment in the manner which conceals who is the real Payee. 

I am confident that XXXX is banks ' main vehicle to bring dark money into USA from their XXXX XXXX XXXX ( entities ) who sells XXXX derivatives not regulated by any US authorities ; launder them by providing mortgages to US families ; promptly foreclose by all possible manipulations, and move laundered money back offshore without paying any US taxes. 

Other companies involved : XXXX  ( who owns Countrywide 's Appraisal Company and have access to borrowers database similar to major credit bureaus ). XXXX sells borrowers information ( aka Identity Theft ) to predatory lenders whose mission is to push borrowers into adjustable rates loans plus huge cash outs - to put them under hardship and expedite foreclosures. I was receiving several offers from predatory lenders per week until I filed a complaint. 

XXXX XXXX, XXXX ( former XXXX ) and XXXX XXXX who owns XXXX XXXX. XXXX likely indemnified Title companies, particularly XXXX XXXX to convince them to issue Title insurances for fatally broken by XXXX XXXX titles. XXXX XXXX forge mortgage documents for foreclosures. I am sure that my Note was forged by XXXX employee, on a very rush basis. 

As you can see, despite my lawful attempts to validate the Debt and receive Adequate Assurances, Bank of America and their co-conspirators extorted payments from me under duress and threats of foreclosure, for sole benefit of BOA, in the same manner as if a street mob point their guns to my head during a day light robbery, in the clear sight of a police patrol, and threaten to push the trigger if I will not give them my wallet. 

Best regards, XXXX XXXX Enclosures.

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