Consumer complaint received 2022-10-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
MORTGAGE FRAUD AND COLLUSION TO CONCEAL MORTGAGE FRAUD. 
I was told and given an REC contract that wraps dollar per dollar a XXXX loan that supposedly was with countrywide. I was told the rate is XXXX XXXX and that the paymetn is around XXXX and that the seller has not made " the first payment yet '' so I have to make it. I told title I already have money paid ahead and my comission, and I gave all the cash I had, so XXXX XXXX asked my mother XXXX XXXX to make a check out of her XXXX XXXX XXXX XXXX account. those are her social security or retirement exwempt funds. 

Shortly after closing I was told that the " payment increased '' that there was a change of taxes and insurance.to XXXX ... .. now seing the docuentn that XXXX XXXX sent me that was done in court, I see that and now jsut now understand what may have ahppened. 

The mortgagors XXXX XXXX told me that they were destitute and in 10 years they deposited cash into a XXXX XXXX XXXX called XXXX XXXX and XXXX XXXX XXXX that in XXXX bought a home cash in their names at XXXX XXXX XXXX then they sold it cash, did what it looks like a XXXX exhange for an identified property out of a trust account out of a bankruptcy of someone else and bought their residence in XXXX XXXX, Florida. they took a FHA loan on it a rehab loan. 

So did they pay off the bank of america loan that they modify to what it looks like a XXXX payment ( which corresponds to a XXXX loan payment and not a XXXX loan that I signed up for, If they did then they used an illegal modification with bank of america to charge me more and keep the savings by the modificaiton on a property that they no longer had equity to modify as they gave a special warratny deed to me and my mom back in XXXX. So that is money they took from bank of america ( and charged me the difference ). I should not have been had a payment in crease from the initial XXXX because the seller modify th eloan down. apparently, they had a second mortgage nd the title company said they had a second loan and was paid. but what if it wasa line of credit and now the XXXX 's again modify or rfiance again? It shows they are XXXX behind in XXXX and there is a change noted here but I do not know more than this piece of paper that was sent to XXXX XXXX XXXX when I initially went to them in XXXX to assume the loan/modify, Looks like they kept ob making progress, taking loans charging ne more and depositing cash into the LLC. this are things I think happened but there neesds to be investigation. Because otherwise if I paid every month and in XXXX I was told either to pay XXXX or lose the house by the escrow company which i did why is the loan behind, Ill tell you why because I understand now. they got behind, modified and the banks gave them money on a house they no longer have title or equity postion to do that. The banks should have consulted XXXX XXXX the maker of the seller financing or XXXX XXXX or have at least one title conpany do a title search so that they do not lend in what I am being told is " im personam '' or without property but on their neck. 
We didn to participate in this deals and the banks can not foreclose on my interest and equity of honest monthly payments off my work and not the work of others, and force me into paying the wrongdoings of investors in florida or the attorneys here. 
I paid half the XXXX. I owe the other half I am not going to buy an bail like them I want an honest mortgage for the rest and get my property free from the XXXX XXXX and XXXX XXXX XXXX and ban of america dealings and leave me peace that I did not have for 8 years and if I get a loan fro XXXX or XXXX return my mothers deposits in the last 8 years which are about XXXX or XXXX and if they do not return those, then keep them as cash payment or have HUD or someone else in the goverbment make us whole from this attorney bank rings. We agred to pay the XXXX loan at XXXX XXXX and not more. The rest, as per the REC is responsiblity of the ortgagors and they do not have this title of my home to give in lieu for XXXX attoneys to pay the debts and fraud of others throug my equity or interest or the exempt XXXX payments of my mother. That is another yet another crime. 
Can I get a gorenment loan to get this house out of this fisaco. I lived here I raised my family here. My kids had to move for weeks at a time so we can even rent in XXXX XXXX some years so that we can afforrd the attorneys. we made payment fine is thee attoreys that run us dry and sick. 

It took me a while to understand, because I was not sophysticated in this " seller wraps '' and the business and the back business that the XXXX XXXX XXXX XXXX does with the local community. Plus mom speaks mainly XXXX  and her language was not that fluent at the time. XXXX speaks some XXXX has or had a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I was a XXXX XXXX XXXX  and escrow agent and lawyer so I felt at ease. I am sure the attorney who represented me in the foreclosure defense, XXXX XXXX and XXXX XXXX  XXXX knew thisprobably but have not told me. XXXX XXXX stated I need to be " friends with the escrow '' .. really why? I pay a hard honest earned salary andd my mom gets government help for being elderly and XXXX and we pay a house based on the original note, this is not friendship, These people loooks like they are crooks and I will not befriend somoeone like that. I want them to be prosecuted criminally for making our lives XXXX and a medium where they can batltle legally and usurp and extricate our money and rob us and harass us. I would like CFPB to investigate turne them to the FBI and prosecutie them, this behaviour willl only be fostered to more and more economical legal and emotional abuse and hurst the community and I am sure violates many of those statutes that these lawyers recite I am not interested in concealing this fraud and do not want to be a party of that, i do not want to take a hosue without payment either so i paid 15 years almost of the agreed amount, I owe half the XXXX loan, We made payments until XXXX or XXXX after what the accounting shows by XXXX XXXX ( XXXX XXXX affidavit '' ad until the escrow would not take any more of our payments, I have a honesyt job, acceptable credit I want a honest deal out of this dishonest parties. My mother paid for 8 years during the pendency of the trial and I paid earlier for the prior 5 years. XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX as I was working as intern during the pandemic whiel in medical school. We know the bank has the money she put in the escrow, That is our money to pay the hosue. Whateever arrangements the XXXX 's did with the bank of america is their responsiblity. we signed up for a XXXX loan that we " were told is at a XXXX XXXX orally initially and then that it was a XXXX XXXX. We do not know the note rate nor the way bank of america dealt with this loab. 



What I did not know is that there was information that should have been disclosed to me It was my first time buying a home by the sellers the title conpany and that lawyer, XXXX XXXX, should have been at closing to explain things and state whethere he was acting as a realtor representing the seller as an attorney representing the title or the escrow, which did not happen until 3 years later where he showed up as " representing the seller in a court hearing at XXXX XXXX where the documets are spoiled, oh but yes I have copies and given copies to the authorities already so that is in the hands of FTC/FBI. I got to 'see '' the mortgage but never the note, never knew the actual balance of the note, never knew the interest rate or if the XXXX XXXX had any line of credit that needed to be closed on the home before they sell the home. 

XXXX XXXX and XXXX XXXX XXXX is a shell company that was created by XXXX XXXX and XXXX XXXX that apparently received funds from XXXX XXXX out of our payments towards buying our home. in the spreadsheet attached that was received by me via email from XXXX XXXX, it shows payments apparently to the XXXX. XXXX XXXX and XXXX ... ( XXXX XXXX ) ... of XXXX and another payment to Bank of America for XXXX XXXX 
When I called recently I was told that they can not answer any questions as they are in " litigation ''. My attorney tried to force us to " a settlement with the bank escrow and title '' to " get our house '' or " get money ''. My mother was subjected by a former Judge XXXX XXXX that acted as " mediator '' and spoke XXXX XXXX and raised a concern that XXXX XXXX will make the attorneys " work for free '' if we do not agree to a " Settlement '' and the settlement was mot " disclosed to us ''. We never agreed to be part of that agreement and XXXX XXXX can not make decisions for my mother or me. I hired him under a contingency agreement to stop the foreclosure, not to decide for me, That is why I will ask for the license of thepeple who have toyed with us all this years, My mother has been paying and I paid too monthly so we could not understand why the house mortgage - the original loan of countrywide that bank of america took '' was upside down .... I perhaps know why now after 15 years of paying a real estate contract that pays a mortgage that perhaps was non existant since if the mortgagors modified after giving the special warranty deed the original mortgage, we were just putting cash on escrow to buy the home cash. I believe we have already as the original loan was XXXX and we have paid XXXX XXXX cash to both banks. Now I understand when you take a mortgage there is interest too, so because I committed to pay the REC XXXX at a XXXX XXXX interest rate, we should have paid almost half of the loan by now and we should only owe about XXXX or less because the loan started in XXXX and we took over in XXXX and put a large down payment, my commission that title company never gave me as a buyer relaytor because i bought off mls and mls and the XXXX XXXX of REaltors offeres UNCONDITIONAL XXXX XXXX COMMISSION TO BUYER BROKER AND I was the buyer and a broker in the realtor board where the listing agent XXXX XXXX offered the house for sale in their mls. i wonder if XXXX XXXX and XXXX XXXX by passed the realtors and mls listings and decided to take on the commission and the role. If so they are insured bonded by being realtors, escrow agent and lawyer - XXXX XXXX and by being realtor and trust board member and lawyer- XXXX XXXX. See this 2 attorneys did a deal where- I believe mortgage fraud was in place, XXXX XXXX XXXX XXXX attorney for the Realtor Association of XXXX XXXX told in a XXXX video that once the seller gives a special warranty deed to the buyers he loses equity position immediately so he could not have done a modification of the loan, The bank should have consulted with a title company about that too. 
It looks like what we paid to XXXX escrow and what is owed to bank of america was not the same, the XXXX that the escrow copany paid to bank of america in XXXX ( see the statement of XXXX trust is higher than the XXXX payment that we were told to pay ... ..well looks like the XXXX  modified the loan with bank of america to bring the principal or payment or interest down pocketed the difference into their LLC at a XXXX a month. and in XXXX their corporation cash receivership bought a home in XXXX XXXX, and in XXXX the corporation transferred the home to them, which they sold for cash and bought other prooperties on what appear a tax deferred status in XXXX XXXX and other places in US. 

Looks like the sellers -mortgagors XXXX  XXXX XXXX me they were " destitute ''. XXXX left to FLorida and XXXX stayed at the house to " clean up '' and begged not to charge them rent for the 2 more weeks or more that they need to stay post closing. Even though I paid all closing costs, half the roofer invoice ( which never appeared at escrow ) and put my comission of XXXX dollars into payments ahead ( so I will never be latee- money embezzled between XXXX XXXX and XXXX XXXX XXXX clients XXXX XXXX and XXXX XXXX and XXXX XXXX XXXX ) ..and the XXXX  walked away with money, i let then stay XXXX more month XXXX paying rent " because they were destitute '' and I paid XXXX rent at my prior resicence I rented at XXXX XXXX XXXX XXXX with all my kids as a single mother. 

If they were destitute how on earth they made and amassed XXXX in the XXXX and bought and sold different ( XXXX condos properties in less than 2 years ) properties if when you buy and sell you lose money. How can they buy cash a property in 10 years if they were destitute. I known how. they used our money and the bank modification benefit to their benefit and that I know is illegal because they can not modify a mortgage as investors especially if they do not reside at the property and is not their primary residence .... they used me the bank and everyone else and now they refuse tocooperate to solve this. they could not encumber a property that they do not hold equitable title anymore. Even in the Real estate contract, it shows that any debts over th original debt of the XXXX is responsiblity of the sellers. I undersatnd the bank wants to get rvenge but exert it on the party that caused this or the parties. I am a buyer, did not get my commission, the property was upside down in XXXX with the bank of america loan as bank of america lent the mortgagors over 120 % of the then XXXX value of the home, And plus the Title company XXXX may have ignored a line of credit that I have been told they should have asked to be closed. I knew this recently by XXXX title staff that does not work there anymore. That is a lack of disclosure owed to me by title with the policy and to not tell me before I close that the property is in modification is another unmarketable condition that the title conpany should have told me, This and all the transactions made betwee the XXXX  and the banks makes this such a fraud, that time does not cure and it shows by the litigation. I suffered XXXX in losses and put XXXX in remodel repair to this house, paid about XXXX in payments ( granted a mortgage has principal and interest so I paid half my real estate contraxt obligation.. it is funny this is indeed seller financing but seller financing o f their properties in FLorida o the backs of NM comunity nd the escrow conpaby makes moneey too,,, they held our money.,, and the attorneys oh they want a cut too out of A XXXX XXXX XXXX XXXX WOMAN WHO PUT HER SOCIAL SECURITY DISABILITY FUNDS TO BUY THIS HOUSE WITH THE TITLE COMPANY " CONTRACT WITH THEIR VENDOR XXXX XXXX '' XXXX they did not even give us a choice of who to pick. well htey are a MONOPOLY now so take care of them before they do the same to others. 


and the title company, 4 months after I find out that they are in " modification status with Bank of America " by an email from XXXX XXXX who then sent me my HUD 1 statement and now comparing both they are different, who moved mty money around, I was paid ahead. XXXX XXXX XXXX on a sumons that I was called showed me 2 different HUD1 and i was surprised. 
I called XXXX XXXX, and he told me he 'never received instructions from the title company on any funds coming to them ''. that is fraud, and embezzlement of funds. 

My attorney XXXX, should have told me this not wait until I find out. She got " paid '' by XXXX XXXX XXXX or more out of my trust account and an XXXX XXXX account can not be disbursed like that, looks like SHE DID NOT WIN THE CASE so the obigation to pay from me is NOT THERE an attorney should not force a client or decide for her not take money out of a trust account to comingle with his ro her fees. Please do an investigaation of this attorneys funds too. I will send this to Bank of Amierca as the loab originated from them. 
I should get a government loan that is honest not tbe in the middle of this nest of vipers. 


So if the payments were XXXX and the bank did not object, then I got a " bait and switch '' by XXXX XXXX and XXXX escrow, If the mortgage was XXXX and the interest I was told was not XXXX XXXX but XXXX, where is the amortization table.. they were supposed to give me I have been told by other customers that do seller financing with XXXX XXXX , do they just mark those who are less sophisticated, gullible, XXXX or of different national origina or speak another language to act and treat us differently??? I am so upset. I wish I was an attorney to understand all this before I bought or even have an attorney to warn or advice me before I signed the REC created by XXXX XXXX ( XXXX XXXX ) and XXXX XXXX ( XXXX XXXX ), I was younger and less educated then ... but if I was an attorney ai would hate to have to do the things this attorneys do to earn a living. I am best healing people, there is no crime in that. When realtors do a transaction they disclose this things, but this was an " in house apparently " transaction of XXXX trust and XXXX title. I guess that is why they share an attorney. 

these things are things that should be disclosed to a buyer in order for a buyer to make an informed decision. 

Now if I make an amortization table of the XXXX $ that is supposed to be dollar perdollar wrap, then ( attached ) the bank of america payment does not match to the payment they got in XXXX to XXXX so, and then thet payment suddently increased... I was told there was a change in XXXX but the " escrow conpany staff '' could not tell me. they " could not even tell me where the seller resides in Florida '' They had a po box `` The real estate contract is filed before any changes or payoffs and any other loans that were taken and any of those are second mortgages, responsibitiy of the XXXX. 

I would like to get out of this group decieit because I bought my home and paid every mothth, the additional transactions done were the doing of third parties to speuclate, get interest use the time value of my money and the time value or interest on my mother 's secured and exempt social security and disablity funds for unjust enrichment. 

I would like that the CFPB investigatees the companies to deter this hrrribel thing to other members of the community. It costed my mother 's job her health her retirement and my healt and mental health, It got to a point I could not function because I was so stressed out. Between loan sharks to make the monthly payment on time -it had increased from XXXX at the first payment ( because XXXX did not make the first payment yet ) to XXXX which is a XXXX difference that for a low income single mother of XXXX is a lot I got a statement from the attorney when she had authorization to third party by the XXXX  when we went to get help with the foreclosure. The statement shows that the XXXX 's are arerearagaes on a bank of america loan on XXXX for XXXX or despite we paid ahead every month and if we were arearages XXXX we would have lost the house as that would have been 4 months late. 

4 months after closing, the realtor/attorney/escrow XXXX XXXX XXXX told us XXXX XXXX XXXX is in `` modification status '' and is till in modificaiton status. 


These people put the home on XXXX by realtor XXXX XXXX announcing that they will do a " wrap around their countrywide mortgage '' and that they need full price to pay realtor and costs. 

We went to the title company with a XXXX purchase agreement per mls and sellers and we were told that XXXX XXXX " will take care of the seller financing contract that wraps the mortgage filed in XXXX '' that the sellers XXXX XXXX XXXX the property I was not told at closing that the XXXX 's had hired XXXX XXXX and had representation. 
I was under the impression that the escrow officer XXXX XXXX was looking after my best interest as I have closed a couple of transactions with him. 

When he saw the purchase XXXX agreement he said that is not a good form because it transfer ownership ( and probably had already as it was signed ) to XXXX XXXX or XXXX. 


It took me a while to understand but the proof is in the foreclosure status of the property for payments not made to the " original Loan '' or for paying off the loan and getting a new loan with nationstar, which is a second lien on the principal original Bankof america note of XXXX. The REC takes precedence and any indebtedness over what we agreed to pay is the resposibility of the mortgagors XXXX XXXX and XXXX XXXX, I, XXXX XXXX XXXX did not take a single dollar off the escrow account and the money is exempt funds from social security and XXXX pay for my mother XXXX XXXX. XXXX is a different person from XXXX XXXX. no relation other than the attached Real Estate Contract.

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