Consumer complaint received 2015-03-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
After speaking with CFPB supervisor XXXX XXXX on XXXX XXXX, XXXX, and learning that, at the request of XXXX this agency has forwarded my previous complaints # 's XXXX and XXXX to Bank of America in error, I have re-filed this complaint and will continue to do so until XXXX responds and addresses the issues therein as required by Federal law. Because of the false statements made by XXXX in an attempt to obfuscate the issues in this complaint, I truly appreciate the CFPB 's efforts and completely understand how such an error could be made at the duplicitous request of XXXX. As such, I am formally requesting that a CFPB intake supervisor and/or CFPB attorney review this complaint in its entirety to confirm that, as the new assignee listed on the Assignment of Mortgage attached hereto, XXXX is in fact the party that must provide written disclosure under TILA 15 U.S.C 1641 ( g ) and 12 CFR 1026 Subpart E 1026.39. Not Bank of America. 

The Dodd-Frank Wall Street Reform and Consumer Protection Act granted the Consumer Financial Protection Bureau ( " CFPB '' ) authority to supervise and enforce compliance with TILA and its implementing regulations with respect to the entities under the CFPB 's jurisdiction. See, 12 USC 5481 ( 12 ) ( O ) ,5514 ( b ) - ( c ) and 5515 ( b ) - ( c ). The XXXX has continually violated TILA 15 U.S.C 1641 ( g ) and New York Trust Law as illustrated herein. 

There is one party the subject of this complaint ; XXXX ( " XXXX '' ) allegedly acting as trustee for Alternative Loan Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX ( the " trust '' ). This complaint is against XXXX for its violations of TILA 15 U.S.C 1641 ( g ) and New York XXXX Laws based upon its actions as alleged trustee of the aforementioned trust and only XXXX can provide a relevant response. Please do not re-direct this complaint to Bank of America. 

Bank of America is not a Party to this Complaint and Not the ServicerBank of America has already provided written notice on XXXX XXXX, XXXX, that it is not the servicer of the loan the subject of this complaint stating in part, " This confirms that the loan was transferred on XXXX XXXX, XXXX, to the new servicer for servicing effective XXXX XXXX, XXXX, more than XXXX year ago ... Based upon the foregoing, no further response by Bank of America to the letter is required at this time. '' XXXX attached, XXXX XXXX, XXXX XXXX from Bank of America , N.A . at XXXX ( Even if Bank of America was the servicer, this complaint is still properly directed to XXXX XXXX XXXX as the new assignee of the Mortgage having a duty to provide written disclosure detailing the transfer of the Mortgage Loan to the homeowner under XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX CFR XXXX Subpart XXXX XXXX ) The central issues of this complaint are as follows:1. As alleged assignee of my Mortgage, XXXX has failed and continues its failure to provide written Notice of New Creditor required under TILA 15 U.S.C 1641 ( g ) and 12 CFR 1026 Subpart E 1026.39 Mortgage transfer disclosures. 

2. XXXX as trustee attempted on XXXX XXXX, XXXX, to transfer my Mortgage Loan into the trust more than six ( 6 ) years after the closing date of XXXX XXXX, XXXX, in clear violation of New York Trust Law and in violation of the trust itself. 

Via false statements to this agency, XXXX will likely continue its attempts of having this agency re-route this complaint to Bank of America. Thank you in advance for having a CFPB supervisor and/or CFPB attorney review this complaint and confirm that XXXX must respond on its own behalf as required by Federal law because it is the entity listed as the new assignee on the Assignment of Mortgage. The full complaint is attached in PDF form.

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