Consumer complaint received 2015-11-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Settlement process and costs

Complaint:
XX/XX/XXXX : Real Time ResolutionsXXXX XXXX XXXXXXXX XXXXXXXX XXXX XXXX, CaliforniaZip Code XXXX Re : XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, California Account No. : XXXXDear XXXX XXXX XXXX : This email is in confirmation of the information contained in your facsimile transmission XX/XX/XXXX, of the unsigned letter from XXXX XXXX XXXX Customer Servicing Department dated XX/XX/XXXX entitled " Notice of Assignment, Sale or Transfer of Servicing Rights, which in sum and substance states that the servicing rights to the above referenced account representing my second promissory note, in the approximate amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( {$100000.00} ) dollars, secured by deed of trust, was sold by XXXX, a operating division and, or subsidiary of XXXX XXXX XXXX, to Real Time Resolutions XXXX Inc., on or about XX/XX/XXXX, at a time when I was engaged in Chapter XXXX, Bankruptcy proceedings before the United States Bankruptcy Court for XXXX California XXXX, California, without having first applied to the court for relief from stay from the provisions of Section XXXX ( a ), of the United States Bankruptcy Code. I have been able to determine, from other sources at XXXX XXXX XXXX, that this notice was intentionally or negligently defective in that it failed to state that the promissory note and deed of trust encumbering the above referenced real property were also sold by XXXX XXXX XXXX to Real Time Resolutions , Inc., on or about XX/XX/XXXX, also without obtaining the consent of the Bankruptcy Court for permission to engage in an action which does or may affect my rights as Debtor to property of my Bankruptcy Estate. 

This sales transaction has additional ramifications in that I never received notice of the sale of the promissory note and deed of trust, from any party to the transaction, as required by California law, and was thereby prejudiced in my ability to determine to whom my obligation was owed so as to make payment on the promissory note or to otherwise discharge the amount represented by the promissory note as being unsecured by the deed of trust due to a lack of equity in the real property at the time of the filing of my Chapter XXXX, Bankruptcy Petition, sufficient to cover the amount of the obligation. 

My attorneys have advised me that I should reopen my Bankruptcy proceedings to unwind these transactions and obtain a discharge of the promissory note and deed of trust. To that end I have petitioned the Bankruptcy Court to reopen my Chapter XXXX Bankruptcy proceedings. However, I have held preparation of a complaint seeking the avoidance of this obligation in abeyance due to the considerable expense of prosecuting a complaint for avoidance of this lien and the representations made by XXXX XXXX XXXX that it was willing to voluntarily reconvey the deed of trust to me and cancel the promissory note. If this is still the case please advise me in writing on or before close of business XX/XX/XXXX 


Regards, XXXX XXXX

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation