Consumer complaint received 2019-10-28
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 my Complaint against Bank of America ( BOA ) for their repetitive refusal to provide me an answer regarding BOA claims to my property ; and their failure to explain why BOA collects my loan payments which suppose to benefit XXXX XXXX investors. 
Based on numerous factual evidence, BOA ( who was the real party who provided financing for my loan by illegally trading my identity on the open market, without my knowledge or consent ), acting through its sham conduits, Countrywide Financial , Inc. ( now renamed as XXXX XXXX XXXX , XXXX ( XXXX ) and XXXX XXXX XXXX, XXXX ( XXXX ) never placed my loan in any XXXX XXXX Trust ; and instead created for themselves a stream of tax-free revenue from me under glimpse of repayment of debt. In reality, BOA owes me at least 20 % royalty from their derivative trades using my name, my signature, my reputation and my homestead as their collateral, without my knowledge or consent. 
Moreover, BOA and their affiliates XXXX, XXXX in XX/XX/XXXX monopolized VA appraisals services to generate overstated appraisals to increase BOAs trading value. The Appraisal for my property was done by a la moda software ( long-time used by XXXX until they purchased it in XX/XX/XXXX ) and came at {$140000.00} while amount of financing was {$130000.00}. Thus, BOA sold my identity on the open market for at least 3-4 times more, based on the property appraised value and received at least {$430000.00} ( $ XXXX x 3 ) of which {$130000.00} were forwarded to XXXX XXXX branch in XXXX XXXX, CA where XXXX XXXX , XXXX ( XXXX ) ( who impersonated as a Lender ) sent my private information on XX/XX/XXXX. It is evident from Commitment letter which was prepared by XXXX which stated that I will buy XXXX debt product. 
From day one my application was handled in California, and this is evident from time when I signed via some clout email located on someones server which was working on Pacific time. XXXX was merely an another conduit for BOA which they use to mislead borrowers and conceal BOAs involvement in lending practices and protect BOAs stream of revenue from trading on borrowers identity without their knowledge or consent. 
XXXX XXXX  branch is operated by Mr. XXXX XXXX, a relative of XXXX XXXX, co-founder of Countrywide Financial , Inc ( whom BOA used as their sham conduit since at least XX/XX/XXXX, or after President William Clinton repelled Glass Steagal Act ) XXXX XXXX worked for Countrywide since XX/XX/XXXX to XX/XX/XXXX, thus  was actively participating in the biggest economic fraud in the Worlds history operated by Investment banks, each of whom had its own cover up, like Countrywide ( BOA ; XXXX ( XXXX XXXX, XXXX ) In XX/XX/XXXX XXXX XXXX, who was controlled by BOA, knew that their lending practices are illegal, and decided to create a fake corporation Americas Wholesale Lender ( AWL ) to potentially shield Countrywide   from liabilities. 

AWL Countrywide ( read : Bank of America ) fraudulently created 3.5 MILLION loans at taxpayer expense with a scheme so simple it seems impossible they got away with it at all. Instead of becoming licensed and registered in every state, Countrywide simply made up a trade name ( DBA ) that they could register in every state that would slide under the radar of the regulators. They made up the innocuous name Americas Wholesale Lender and got to work. Their scheme worked and nobody noticed that Americas Wholesale Lender wasnt a corporation registered or licensed to do business in their state. Countrywide created 3.5 MILLION loans across every state in the country under the DBA Americas Wholesale Lender. The catch is that a DBA such as Americas Wholesale Lender is not a legal entity. It is simply a trade name. Countrywide figured that, if caught, they could avoid punishment by claiming that it was all a clerical error.

After they made the loans, Countrywide never sold them to a securitized trust as they were required to do by the pooling agreements. Instead, the loans were controlled by Bank of America ( BOA ). As a result, BOA was collecting payments and foreclosing on loans despite the fact that it never owned or funded any of the actual loans.

BOA continues the same criminal practices as of today ; and never sold my loan to any securitized XXXX XXXX Trust but instead control my loan though their sham   conduits still operated by Countrywide executives, under different corporate names XXXX and XXXX, none of whom have any documentation to provide any proof of their legitimate rights to collect from me. All my payments are collected by BOA who sent me threatening Notices of Default from their XXXX office. 
After the creation of AWL, Bank of America needed to find a way to make it so that AWLI could make no claims to the loans. What they did was get MERS to create an assignment on behalf of AWLI which assigned the loan to XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, or XXXX XXXX. After these fraudulent assignments, the bank attaches them to their foreclosure proceedings to trick the court into believing it is the legal owner of the loan. 

All of these XXXX XXXX fraudulent loans have been fully repaid by taxpayers in the TARP bailout while BOA collected enormous profits, at least {$12.00} per dollar. 
This is exactly that BOA did to my loan they used name of MERS as a Mortgagee ( which MERS can not be since they have no agency relation with XXXX XXXX and not even registered to conduct business in Michigan due to lack of corporate registration. MERS, who under XXXX XXXX MBS Guide must publish the name of the Trust where my VA loan is held ; as well as name of the loans pool never did it since here are no Trust ; no XXXX XXXX pool and no mortgagee MERS. No surprise that XXXX and XXXX claim that details of securitization are proprietory because here was no securitization of my loan, just pure revenue for BOA. 
BOA continues exactly the same practices, with exactly the same people XXXX XXXX, XXXX XXXX, XXXX XXXX, ect but added another layer of protection such as fictitious Lenders like XXXX XXXX to more secretly defraud customers and the US Government ; while avoid billions of taxes collecting revenues from borrowers who think that they pay debt to legitimate investors. 
According to Office of Comptrollers XX/XX/XXXX Report, BOAs current exposure to NOTIONAL derivatives is about {$12.00} dollars per dollar ( total BOAs assets {$1.00} XXXX, derivatives {$20.00} XXXX ) which BOA made by selling my home for at least 12 times more than the amount financed though their table financing practices. 
Based on my very modest estimate, BOA and their co-conspirators XXXX, XXXX and their owners XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX ( who forged my loan documents ) all made very substantial profits reselling my identity, in the total amount at least {$20.00} dollars per dollar and made at least {>= $1,000,000} based on $ XXXX appraisal. 
Therefore, BOA owes me at least 20 % royalties from trades, or {$580000.00}, which is customary royalties paid by oil and gas companies to land owners. 
Despite the fact that BOA never lent me a single cent ; and collected very substantial profits from trades ( on top of tax-free gifts I make them each month ) BOA on numerous occasions claimed some rights to my property while failed to identify which rights BOA might have ; under which law ; and in which capacity. 
On their most resent respond BOA again evaded any answers to my direct questions and falsely stated that my concerns were addressed by their lawyer on XX/XX/XXXX. 
I disagree. BOA, whose headquarters are in North Carolina, but who sends me letters from their California XXXX XXXX office hired unethical and professionally incompetent Pennsylvania lawyer who is not licensed neither in NC or CA or MI to address a debt collection and property rights dispute located in Michigan. 
BOAs lawyer not only does not have a legal license to practice law in any of these states MI, NC or CA but created more concerns since he insisted that BOA claims rights to TWO of my loans while I am only aware of one. 
I respectfully request CFPB to submit my complaint and demand for explanations to Bank of America which rights BOA claims to my loan ; under which law BOA claims its rights ; in which capacity BOA claims its rights ; and to which second loan BOA claims its rights if I only have one loan. 
I also demand BOA to pay me royalties from all trades involving my property ( based on {$140000.00} amount in trade bets ) ; refund me all illegally collected money ; and compensate me for all damages, including treble damages for fraud ; racket ; ect. total {$5.00} XXXX in damages. 
Best 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