Consumer complaint received 2018-11-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
First Fact : Bank of America National Association requested an " Assignment of Deed of Trust '' on my second Mortgage For value received, the undersigned holder of a Deed of Trust whose address is XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, IL XXXX. The Assignment of Deed of Trust was recorded on XX/XX/2012. The XXXX XXXX XXXX XXXX , XXXX. is the undersigned holder of a Deed of Trust. See Attached Assignment Deed of Trust.

Concern : This request for Assignment Deed of Trust was filed shortly after the Judge of the Superior Court of California ruled that Bank of America had to remove my Ex-Wife 's name ( XXXX XXXX ) from all and any financial documents. Bank of America National Association has yet to execute on the judgment. Also, The XXXX XXXX XXXX XXXX XXXX address is a single family residence, please see photo as proof that The XXXX XXXX XXXX , XXXX business does not reside at the address on The Assignment of Deed of Trust. The Assignment of Deed of Trust in question in this complaint is the second mortgage. See Attached Amended Stipulated Judgement.

Fact : XXXX XXXX XXXX somehow manipulated the servicing of my mortgage. There is no recorded record of XXXX being the Trustee of my Deed of Trust and can't produce a verification of mortgage. When requesting a copy of the 1st Mortgage Deed of Trust, XXXX sent me a photo copy they downloaded from a third party source and presented it to me on copied paper that was distorted and dated with page assignments of 1of13 and 1of18. 1of13 would of been my Deed of Trust. See attached document I received from XXXX through a request I made online of the 1st Mortgage.

Fact : XXXX XXXX XXXX does not allow me to have access to my second mortgage information. The web site does not show the loan ( XXXX XXXX XXXX ) and XXXX will not send my any of the account information I have requested. When I called XXXX recently, they were able to find my loan information in their system. The told me me that loan was liquidated in XX/XX/2015 and has a XXXX Balance. I received a letter from XXXX stating that they made a business decision to cease collection on this account in a letter dated XX/XX/2018.See attached. In the same letter the say : " however, we have not released the lien ''. To me this means they are in the process of releasing the lien? I am confused because there is no lien where XXXX is the trustee or holder? When Bank of America requested that The Assignment of Deed of Trust be transferred to MERS, does this mean that it is transferring the Deed of Trust to XXXX for the second Mortgage? See attached Letter dated XX/XX/2018.

Fact : Please see attached payment history of the first mortgage, note that there are entries that suggest large amount of money posted to a new loan set up on XX/XX/2012, right around the time Bank of America requested the Assignment of Deed of Trust to MERS. The amount was for the {$580000.00}. Then the principal balance dropped to {$99000.00} on XX/XX/2018? These numbers just don't add up? See attached accounting sheets for the 1st Mortgage XXXX ( XXXX Loan Number ).

I would like some explanation on why XXXX feels they are Trustee of my Deed of Trust for my Second and First Mortgages. I would like a full reconveyance of both liens. The second mortgage lien needs to be released due to the fact the loan has been liquidated with XXXX Balance.

Thank you 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