Consumer complaint received 2015-05-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America , N.A . ( BOA ) made a mockery of both federal and state property protection laws and violated the terms of the settlement provisions with the Department of Justice by engaging in a pattern and practice of egregious mortgage fraud, fraudulent document manufacturing, coercion and intimidation and, ultimately, wrongfule foreclosure on my Texas home. A title audit revealed, after I executed a tangible FHA-insured UCC Article 3 Note with XXXX ( XXXX ) for {$100000.00} on XXXX/XXXX/XXXX, XXXX sold my Note to XXXX XXXX pursuant to Special Purpose Vehicle ( XXXX XXXX XXXX XXXX XXXX ) Offering Circular Supplement dated XXXX XXXX, XXXX ( XXXX ). Neither XXXX XXXX or the Trust re-contracted with me, the Legal Title Holder, to create a new security instrument in accordance to local law of jurisdiction which would have secured XXXX XXXX beneficial interest and alternate means of collection to under my Deed of Trust ( DOT ) before the XXXX XXXX, XXXX was the cut-off date for the Trust. Instead, XXXX XXXX created an UCC Article 8 eNote pursuant to V.T.C.A. B & C 8.102 but there is no record that the UCC Article 3 of my note unequivocally was not sold or conveyed and there is no record of the transaction/assignment of interest in my DOT recorded or filed with the XXXX XXXX XXXX XXXX XXXX XXXX as required by federal, SEC, or Texas property laws. Notwithstanding, XXXX XXXX entered into a Pooling and Servicing agreement with Countrywide Home Loans and Bank of America , N.A . ( as successor ) claiming enforcement rights under my DOT but still failed to make an assignment of these rights before the Trust cut-off date. When I fell behind in my mortgage payments after a business deal went bad in XXXX XXXX, I attempted to recover financially under Chapter XXXX bankruptcy protections several times. In XXXX, XXXX, I requested a HAMP loan modification. BOA informed me my modification had been approved but did not send the documents in " a few weeks '' as promised. Between XXXX XXXX and XXXX XXXX, I repeatedly contacted BOA requesting the status report on my loan modification. On XXXX, XXXX, I received a Notice of Substitute Sale from BOA by certified mail informing me my home would be sold at auction on XXXX/XXXX/XXXX. County records reveal on XXXX/XXXX/XXXX, XXXX purports to have assigned enforcement rights under my DOT to BOA ( the XXXX assignment ever recorded for my DOT ) over XXXX years after XXXX sold my note to the Trust and the XXXX/XXXX/XXXX Trust cut-off date. The assignment was executed by XXXX XXXX, a robo-signer. Despite request from myself and my lawyers for BOA to validate their collection and enforcement rights, BOA continued foreclosure attempts. I filed a title slander and mortgage fraud complaint against BOA to stop the foreclosure in XXXX XXXX XXXX XXXX and the judge 's ordered BOA to appear at a hearing on XXXX/XXXX/XXXX to discuss BOA 's purported DOT enforcement rights. BOA did not appear at the hearing and I later learned BOA had sold my home to XXXX on XXXX/XXXX/XXXX. The sale violated the Protecting Tenants at Foreclosure Act ( PTFA ) because the title transfer was effected only XXXX days after notice and while the FHA Regional Office was still considering my " bono fide tenant '' request. ( FHA guidelines dictate the transfer can not effected until XXXX days after notice and the FHA 's final decision concerning my PTFA request ). XXXX immediately began the eviction process and XXXX XXXX courts issued a possession judgment in their favor on XXXX/XXXX/XXXX. I was forcibly evicted on XXXX/XXXX/XXXX under a XXXX days old in violation of Texas Rules of Civil Procedure Rule 510.8 which states writs older than XXXX days are unenforceable and Rule 520.9 which states default adverse actions can not be taken while a case if pending before the Texas XXXX XXXX XXXX. I am now XXXX and damaged.

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