Consumer complaint received 2017-01-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan servicing, payments, escrow account

Complaint:
Regarding my complaint, I was previously involved in a litigation with Bank Of America and XXXX BANK who falsely accused me of being delinquent with mortgage payments and then unlawfully foreclosed on my property in " XXXX ''. Following a jury trial on the merits, the litigation concluded through appeal and my property remains in limbo due to the suspicious conduct of all attorneys of record and the banks working in concert to violate the XXXX Consent Judgment. 

Specifically, after I prevailed in my litigation at a jury trial on the merits where a jury found XXXX BANK and Bank of America violated " debt collection '' laws and Bank Of America was found guilty of " fraud '', the court never rescinded the unlawful XXXX BANK foreclosure when I requested the same. 
( see XXXX XXXX Charge Of The Court -Cause No. XXXX ) ( see Ex-B : XXXX Notice Of Substitute Trustees Sale - ( Signed Copy Available Upon Request ) XXXX LETTER TO CFPB pg XXXX of XXXX Further, Bank of America and XXXX Bank secretly assigned my note to XXXX Mortgage " without notice to me '' just before trial. When I received a XXXX XXXX letter from XXXX BANK before trial notifying me my new loan servicer was NATIONSTAR Mortgage and tried to contact XXXX BANK about the letter at the number provided, no one ever answered the phone after I routinely left messages. This letter never clarified if the foreclosure was rescinded. By concealing from me the assignment to XXXX Mortgage and never rescinding the unlawful foreclosure action, my credit has been severely damaged and I can not technically remit payment to any party. 
( see XXXX XXXX XXXX BANK Letter to XXXX ) ( see XXXX : XXXX Assignment Of Deed Of Trust ) ( see XXXX XXXX XXXX XXXX ) Further, the Texas statute of limitations laws prohibit XXXX Mortgage from either foreclosing or pursuing a suit on the note and at this juncture, I am requesting the CFPB assist me in obtaining a " Release of Lien '' in accordance with Texas laws which will prevent XXXX BANK, BANK OF AMERICA and XXXX Mortgage from engaging in additional fraudulent acts in violation of the XXXX Consent Judgment. In support of the same, the Texas Civil Practice & Remedies Code provides as follows : XXXX. LIEN ON REAL PROPERTY. 
( a ) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues. 
( b ) A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues. 
( c ) The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by : ( 1 ) Section XXXX, providing for suspension in the event of death ; or ( 2 ) Section XXXX, providing for recorded extensions of real property liens. 
( d ) On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void. 
( e ) If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment. 
( f ) The limitations period under this section is not affected by Section XXXX, XXXX & XXXX XXXX. 

XXXX LETTER TO CFPB pg XXXX of XXXX ( g ) In this section, " real property lien '' means : ( 1 ) a superior title retained by a vendor in a deed of conveyance or a purcha

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