Consumer complaint received 2016-04-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I have a current loan that originated threw Countrywide Home Loans in XXXX XXXX, XXXX. There is issues regarding the merger of Countrywide Home Loans and what happen to my loan. Countrywide Home Loans sold my loan as asset backed security as group XXXX XXXX in XXXX XXXX. Bank of America after XXXX took over as a serviced the loan and now XXXX. Since this loan was part of the asset backed securities that where made under the PSA or Pooling and Servicing Agreement at the time I am requesting that Bank of America show the proper chain of assignment required by the PSA. As to the an assignment of mortgage dated XXXX/XXXX/XXXX and filed in State of Hawaii Bureau of Conveyances on XXXX/XXXX/XXXX as Document Number XXXX occurred years after the trust was closed and shows a chain of XXXX scenario which is the originator directly to the trust. This chain ca n't legally occur and goes against requirements set forth in the PSA. It was further executed under and by parties who were n't employed by the originator and just claim to have authority as signers or some other justification to type of " agency authority '' from the originator. I possess a XXXX page ARM Libor Note signed by me and containing a stamp next to my name that states pay to the order of without recourse Countrywide Home Loans and is signed by XXXX XXXX XXXX Managing Director. This is considered a special endorsement as it identifies a person that the instrument is payable to and only negotiable by that person see U.C.C. 3-205. SPECIAL ENDORSEMENT ; BLANK ENDORSEMENT ; ANOMALOUS ENDORSEMENT. be able to prove that it is the Owner and holder of a Promissory Note or Note and prove the balance due and owed on any alleged said Promissory Note or Note. XXXX Matter of XXXX XXXX. & XXXX. XXXX, XXXX XXXX XXXX ( XXXX Cir XXXX ), It has been shown that bankruptcy courts have followed the Uniform Commercial Code, In XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX ( XXXX ), unequivocally the Court 's rule is that in order to prove the " instrument '', possession is mandatory. In addition to the note, another element of proof is necessary - an accounting that is signed and dated by the person responsible for the account. Failure to act accordingly and address this issue when it acquired the loan or servicing has cause a domino effect of issues. 
See, XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX ), XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Hawaii XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, ( XXXX XXXX ), and Town of XXXX v. XXXX XXXX XXXX , XXXX XXXX XXXX XXXX, XXXX XXXX ( XXXX ). 
This has brought doubt to the rights and status as borrower under the National Housing Act and PSA filed with the Exchange Commission. Therefore I am now subject by illegal acts and omissions involved in foreclosure actions, lose of credit and damage, slander of credit, lose of place to live, and irreparable personal distress. Bank of America and Bank of America N.A . by the PSA in various manner, including, but not limited to have caused this damage : 1. Failure to and of administering and servicing subject mortgage loan required by federal and state laws. 
2. Disregard to administer standard practices of mortgage lenders and services. 
3. No attempt to provide proper servicing of the residential mortgage loan required prior to pursuing a foreclosure action. Disregard to the Fair Debt Collections Acts in laws provided by congress for the following but not limited to : 802 ( a ) abusive practices, 807 ( 2 ) & 807 ( 2 ) ( A ) False or misleading representations, and 808 ( A ) & 808 ( B ) Unfair practices. Bank of America has caused deception threw fraud and negligence for the fact of knowing the issues and ignoring, disregarding, and failure to disclose these properly. This violates state and federal law.

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