Consumer complaint received 2016-04-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: HI
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
Our Power of Attorney XXXX ( hereinafter " XXXX '' ) has been contacting COUNTRYWIDE HOME LOANS, INC. d/b/a/ BANK OF AMERICA HOME LOANS ( hereinafter " CWHL '' ) at ( XXXX ) XXXX about CWHL shipping a " NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF OWNERSHIP OF MORTGAGE LOAN dated XXXX XXXX, XXXX. ( see " Attachment '' ). 

Within the Notice, XXXX has highlighted : " Federal law requires that borrowers receive a written notice whenever ownership of a loan secured by their principal dwelling is assigned, sold or transferred ( collectively " transferred '' ) to a new creditor. You are receiving this Notice because your prior creditor transferred your loan ( described below ) to us. '' Page XXXX highlight reads : " 3. Date Your Loan was Transferred to the New Creditor : XXXX XXXX. '' Page XXXX highlight also reads : " 4. New Creditor 's Name : BofA Merrill Lynch Asset Holdings , Inc., New Creditor 's Mailing Address ( not for payments ) : Attention : XXXX, NY XXXX. ( see " Attachment '' ). 

XXXX has been told that the Creditor is not BofA Merrill Lynch Asset Holdings , Inc., that was incorporated in Delaware after any and all merges that may have occurred with Merrill Lynch prior to this entity being incorporated on XXXX XXXX, XXXX ( see " Attachment '' ). On the record to make it clear, yes their were mergers that happened with Merrill Lynch between XXXX to XXXX, but no time from XXXX to XXXX, so BofA Merrill Lynch Asset Holdings , Inc., is its own individual/independent corporation. CWHL is stating that BANK OF AMERICA , NATIONAL ASSOCIATION ( hereinafter " BANA '' ) is the new creditor, but XXXX has never received an updated " NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF OWNERSHIP OF MORTGAGE LOAN anytime after XXXX XXXX, XXXX, as CWHL is bounded under Federal law, as it reads in the XXXX XXXX, XXXX " NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF OWNERSHIP OF MORTGAGE LOAN, " Federal law requires that borrowers receive a written notice whenever ownership of a loan secured by their principal dwelling is assigned, sold or transferred ( collectively " transferred '' ) to a new creditor. CWHL has not complied with Federal law, as XXXX has never received an updated " NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF OWNERSHIP OF MORTGAGE LOAN anytime from XXXX XXXX, XXXX until XXXX XXXX, XXXX. 

XXXX spoke with XXXX on Monday, XXXX XXXX, XXXX, and was transferred and spoke to MANAGER XXXX at ( XXXX ) XXXX. They both stated and admitted that they could not find an updated " NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF OWNERSHIP OF MORTGAGE LOAN '' in their DOCUMENT MANAGEMENT PORTAL ( what they call their " DMP '' ) from XXXX XXXX, XXXX until XXXX XXXX, XXXX. 

Also, BANA has never merged with BofA Merrill Lynch Asset Holdings , Inc., and BANA was created by charter by the National Banking Act, that are under the laws of the United States, unlike BofA Merrill Lynch Asset Holdings , Inc., which was incorporated with the Department of State of Delaware on XXXX XXXX, XXXX. CWHL, XXXX and MANAGER XXXX at ( XXXX ) XXXX were being deceitful by attempting to say that BofA Merrill Lynch Asset Holdings , Inc. and BANA merged. Nothing could be further from the truth!!!

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