Consumer complaint received 2016-12-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America is circumventing the law by conducting non-judicial foreclosures in the state of California. This home loan mortgage account was first delinquent in XXXX and is now considered an uncollectible debt as a matter of law. Bank of America knew, or should have known, the XXXX XXXX, XXXX Notice of Default ( NOD ) and subsequent XXXX XXXX, XXXX Notice of Trustee Sale ( NTS ) are unlawful and the initiation of a non-judicial foreclosure on a time barred debt is an unfair, abusive, poor and deceptive tactic and practice that should never have occurred. Any delays during the loss mitigation processes, including modification and foreclosure, is solely the doing of Bank of America by the use of park and stall tactics and the like, all designed to prolong and extend loss mitigation processes to direct and funnel borrowers who have requested mortgage assistance into foreclosure or other situations that ultimately result with borrower separation from their homes and mortgaged property. 
Bank of America has engage their employees, representatives, and third party agents including, by not limited to, XXXX XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX XXXX, to commence and continue the knowingly wrongful foreclosure of my home. 
I am in possession, control, and occupy the home and property. If I am forcibly removed from my home and property I will be entitled to mesne profits derived from my property while in wrongful possession, and may be claimed in damages for trespass, either in a separate action or joined with an action for the recovery of the real property. 
Mesne profits are sums of money, rents or profits, paid or accrued for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation during the rightful owner 's exclusion from his land. 

26 ) Fair Debt Collection Practices Act ( FDCPA ). 

31 ) California Civil Code of Procedure Section XXXX - XXXX. 

I am not trying to stop Bank of America ; Bank of America has to stop themselves. 

All previously mentioned resolutions are desired including all statutory, exemplary, and punitive damages plus an addtional ten percent and an immediate reimbursement of all amounts applied to this mortgage account at a quarterly interest rate of ten percent via cashier 's check not drawn on Bank of America or any of their affiates, or on a bank that does not conduct business within the state of California. Not only must Bank of America pay me back, to include mesne profits, Bank of America must also repay the tax payers all amounts associated with this account. This includes, but is not limited to, TARP, MHA, HHF funds since XXXX. 

Damages are calculated as follows*/** : STATUTORY : Median Property Value ( MPV ), or all amounts ever accessed on or associated with the real property, home loan mortgage account, and personal property of at least {$300000.00} or actual value, whichever is greater. Pets and livestock are an additional {$50000.00} each, plus ; EXEMPLARY : Three times statutory damages, plus ; PUNITIVE : The statutory and exemplary damages for each cause of action listed, plus an additional 10 % of the total monetary damages ( statutory, exemplary, and punitive ). 

*Death claims are an additional trebling of calculated total damages for each instance. 

**Seniors and XXXX persons are entitled to any additional damages allowed by law for each eligible household member. 

I did not default on Bank of America ; Bank of America defaulted on me!

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