Consumer complaint received 2017-02-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Through the unlawful sale of my home and property Bank of America, through their representatives, employees, Trustee, and third-party agents, have given cause for a civil legal action to be brought against me in California Superior Court. But for the intentional misrepresentations and omissions made by Bank of America during and after loss mitigation processes I would not be facing the emotional and financial expense of civil litigation to keep my home and property. 

The bona fide purchaser ( BFP ) will attempt to have me forcibly removed from my home and property through civil litigation in California Superior Court, the only way to do so. Depending on what type of lawsuit they choose to bring, I may be made homeless within the month. However, if the BFP makes the mistake of bringing an Unlawful Detainer ( UD ) action rather than a Quiet Title action before the Court, this may not be the case as the issue at hand is not a landlord/tenant matter, but rather a right of claim to title matter. 

In order for the BFP to evict they must first prove the right to rents. As there is no UCC Financing Statement or Assignment of Rents recorded associated with the XX/XX/XXXX Bank of America Deed of Trust, the BFP will be unable to establish the existance of the right to rents or a landlord/tenant agreement. 

In order of gain possession the BFP must establish ownership and right to title. To successfully do this, the BFP must prove-up by providing documentation demonstrating a lawful Trustee 's Sale which requires documentation of a lawful and valid Notice of Trustee 's Sale ( NTS ) and Notice of Default ( NOD ) properly recorded and executed prior to the Trustee 's Sale at auction on XX/XX/XXXX. 

I have the right to respond to any judicial action brought against me and I intend to respond to civil litigation challenging my right of ownership and possession of my home and property not only because Bank of America broke the rules during and throughout the modification and foreclosure processes, but to prevent me from becoming homeless as the subject property is my primary residence and if I am forced to leave my home, I will have no where else to live and shelter myself. It should be noted I am a visible person living on a fixed income and I have no credit that would make it possible to enter into a landlord/tenant agreement in part due to the extended negative credit reporting by Bank of America and any possibled UD action. 

I can only be thankful I live in the State of California where I may not be simply locked out of my home without notice as is the case in other States of the Union and I actually have the right to bring a private right of action when the bank, servicer, Trustee, or any other representatives or agents of Bank of America fail to comply with applicable laws or otherwise break the rules during and throughout the loss mitigation processes including, but not limited to, the modification and foreclosure processes. 
I do n't have to prove everything Bank of America did wrong or improperly during loss mitigation processes, I just have to prove one thing Bank of America did improperly during loss mitigation processes. I can do this using only their own correspondence issued over the past four ( 4 ) plus years that I have been pending in the modification process. 

The XXXX Requirements are as previously stated and are to include : Prior to recording a Notice of Trustee 's Sale ( NTS ) the Trustee must include within the NTS a declaratory statement in accordance with California law that Dual Tracking has not occurred. If such certification can not be made by the Trustee, then no NTS may be caused to be recorded. 

All previously mentioned resolutions are desired and mandatory.

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