Consumer complaint received 2016-09-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MN
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Mortgage Fraud, defective title, defective mortgage, inflated appraisal. 
The mortgage companies appraiser partially retired, showed up extremely intoxicated falling on our side walk gashing his head before the appraisal took place, after providing him with a wash cloth, the appraisal was cut short and not complete or accurate. 
Mortgage was bought and sold without my knowledge several times each time the amounts owed would be different, I have kept the documents through the years. 
Over a year ago it came to my attention that the title was defective, the house is on the middle lot which is not listed or a on the mortgage. I notified the mortgage company of this error and after no response I filed an motion in court to have the defective mortgage dismissed, the mortgage company did not follow through with this. 
Now more than a year later they have filed in court to have the mortgage reformed and for foreclosure, I lost my job of 20 years and have not been able to find on since and am very behind in payments. The forclosure notice was not served the mortgage company has asked for the court proceedings to be put on the fast track which denies a trial and evidence or witnesses, this proceeding is complex with many documents of evidence and facts not appropriate for the fast track " XXXX '' also known as the fast track to injustice as your right to a trial and to be heard are denied, justice denied. 
The mortgage is defective, it was brought to their attention over a year ago. The appraisal was inflated, the chain of command of the title is fraudulent and payments and insurance payments were not properly applied throughout the years. 
The mortgage company never paid the taxes on the middle lot as they did on the other XXXX lots, they only paid the taxes on the XXXX lots listed on the mortgage. 
Violation of Unfair and Deceptive Trade Practices Act. 
a ) Failing to promptly and/or properly pay taxes or insurance premiums when due, so that the maximum tax discount available to Defendants could be obtained on Defendants ' property and so that insurance coverage on the property would not lapse. 
b ) Failing to provide Defendants with an annual statement of the escrow account kept for payment of taxes and insurance. 
Charging excessive fees and making payments of fees to parties not entitled to receive them. 
TILA Rescission. The mortgage and note which are the subject of this action have been rescinded and therefore the mortgage ( s ) and note ( s ) are void. 

Unclean Hand. Plaintiff has unclean hands due to its actions described below and therefore is prohibited from obtaining equitable relief of foreclosure. As a matter of equity, this Court should refuse to foreclose this mortgage because acceleration of this note would be inequitable, unjust, and unconscionable. Plaintiff has waived the right to acceleration due to intentionally misleading and reckless conduct for which it is liable Lack of Jurisdiction. It appears on the face of the complaint that a person other than the Plaintiff was the true owner of the claim sued upon at the time this action was filed and that the Plaintiff is not the real party in interest and is not shown to be authorized to bring this foreclosure action. ( middle lot with house is still in my name only and not listed on the mortgage ) I was never served the documents : Failure to Provide FDCPA Notice. Plaintiff brought this action without providing notice to Defendant of Defendant 's right to dispute the debt, pursuant to the Fair Debt Collection Practices Act. As indicated in the Notice attached to the Complaint, filed XX/XX/XXXX, but not served upon Defendant until XX/XX/XXXX. Plaintiff is required to notify Defendant, pursuant to 15 U.S.C 1601, et seq., that Defendant may dispute the debt and Plaintiff is required to provide verisifcation fo the debt. Mortgage and/or its agents made false statements

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