Consumer complaint received 2016-07-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
" Nominal Lender '' was paid in full, plus a commission. Also, the Deed of Trust or Mortgage ca n't secure an Asset-Backed Investment Security or a Financial Asset directly purchased by a Trust ( Security ), the Homeowner was tricked into thinking he was a " Borrower '' of a " Loan '', when he was actually a Seller of a Note to a Securitization Trust or SPV. The Trust or SPV had no right to a Deed of Trust or Mortgage to a purchased Note that was not evidence of a debt or obligation - it ca n't be a Secured Transaction covered under XXXX XXXX, when it 's an Investment Security covered under XXXX XXXX The " Lender '' named in the Note and Deed of Trust or Mortgage ( D ) " LENDER '' is XXXX. Lender is a CORPORATION organized and existing under the laws of FLORIDA. Active XXXX/XXXX/2006 " LENDER '' funded the transaction '' Using a " SECURITY INSTRUMENT Florida Single Family-XXXX XXXX UNIFORM INSTRUMENT Form XXXX '' in a " CONVENTIONAL '' " MORTGAGE LOAN # XXXX '' ( C ) " MERS '' Is a Mortgage Electronic Registration Systems , Inc acting solely as a nominee for Lender and Lender 's successors and assigns IF XXXX did not fund the transaction, and therefore was not really the " Lender '' at all. They acted only as a " Nominal Lender '', named in the Note only to facilitate the creation of a Deed of Trust or Mortgage to secure the Note as an alleged " Loan '', when it was not a " Loan '', but rather the vessel for an DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLONG AND SERVICING AGREEMENT RELATIONG TO XXXX, Mortgage Pass-Through Certificates, XXXX XXXX, The ramifications of this process are that there was no " LOAN '' funded by the " Nominal Lender XXXX ''. " Nominal Lender '' was paid in full, plus a commission. Also, the Deed of Trust or Mortgage ca n't secure an Asset-Backed Investment Security or a Financial Asset directly purchased by a Trust ( Security ), the Homeowner was tricked into thinking he was a " Borrower '' of a " Loan '', when he was actually a Seller of a Note to a Securitization Trust or SPV. The Trust or SPV had no right to a Deed of Trust or Mortgage to a purchased Note that was not evidence of a debt or obligation - it ca n't be a Secured Transaction covered under XXXX XXXX, when it 's an Investment Security covered under XXXX XXXX. 
The " Nominal Lender '' should n't be able to foreclose on an asset in an Investment Security with an invalid Deed of Trust or Mortgage, fraudulently procured under the guise of a " Loan '', when it was n't a Loan, but rather the " Purchase of a Note '' into a pooling Investment Security, and the " nominal Lender '' was paid in full, plus a commission for something it did not fund. " nominal Lender XXXX XXXX XXXX XXXX '', did n't fund the transaction, but rather fraudulently allowed its name to be put on a Note and Deed of Trust or Mortgage to trick a Homeowner " XXXX '' into signing a Deed of Trust or Mortgage to secure an Investment Security, assign a Beneficial Right it never had to another Beneficiary XXXX " Plaintiff '' More over the Assigment of Mortgage is Void because XXXX can not act as a nominee of XXXX because Mers can only act as a nominee of the Lender and Lender 's successors Them XXXX was not a lender, XXXX was only a Servicer. XXXX XXXX XXXX Now our Servicer say : Home Affordable Modification P : Your loan is not eligible for the reason ( s ) We service your loan on behalf of an investor or group of investors that has not given us the contractual authority to modify your loan under the XXXX. Note that XXXX XXXX XXXX is not a Secretary of XXXX XXXX acting solely as nominee for XXXX Document is not date by the Public Notary ALL IS A FRAUD HELP

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