Consumer complaint received 2017-05-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Apparently, Bank of America  ( as both bank and servicer ), the Trustee, Trustee Attorney, Bona Fide Purchasers  ( BFPs as both individuals and investment group ), real estate brokers, and other financial and real estate related professionals have conspired to sell and re-sale my home and real property multiple times without informing me or conducting due diligence beforehand. Non-judicial foreclosures encourage poor and deceptive practices and are a racket type business enterprise that solicit real estate and financial crimes to include, but are not limited to, fraud, bribery, conspiracy, collusion, theft, trespass, and vandalism.     The Trustee Attorne y,    XXXX   XXXX   XXXX   XXXX  . mailed me a Notice of Surplus Proceeds after Trustees Sale   XX/XX/XXXX  and r epresented to me on   XX/XX/XXXX  they will turn over and file the excess proceeds with the California Superior    Court  as  XXXX   XXXX  has submitted a claim to the excess proceeds based on   XXXX   Cost Awards ( not Judgment Orders ) even though he and his legal representatives are aware that my home and property is homesteaded by a  XXXX  person.     The first sell authorized by Bank of America was a foreclosure sale upon an alleged default of   XX/XX/XXXX   for {$320000.00} resulting in a recorded Trustees Deed of   XX/XX/XXXX  a nd excess proceeds of {$11000.00} ( based on the Trustees,  XXXX   XXXX   XXXX   XXXX  (  XXXX  ) representations of amount owed at the time of foreclosure sale at auction of {$300000.00} ). The second sale was listed on   XX/XX/XXXX   for {$470000.00} under MLS #  XXXX . If sold at listing price, would result in excess proceeds of {$470000.00}. The total amount of excess proceeds based on the above calculations of the sale at foreclosure auction and under  MLS  #  XXXX  would be {$480000.00}.     Furthermore, the   XX/XX/XXXX   foreclosure sale at auction has not been finalized and is improper as there has been no reconveyance of the    XX/XX/XXXX   CalHFA     Trust  Deed, UCC Financing Statement, and Assignment of Rents at the time of sale or transfer, and there are multiple violations in consumer protection laws prohibiting the commencement of foreclosure processes. Additionally, while the BFPs attempted to settle the question of tenancy they have yet to address the question of ownership.     This property had been approved for  MHA HAMP  and was represented to me a s MHA H  AMP mod ified, but never finalized through a recorded document. If this is so, then all amounts forgiven under an y MHA HAMP were to be returned when it became clear the MHA HAMP would not be made final and most defin itely by or at the time of sale or transfer upon default. This has not been done in this instance. Apparently, Bank of America does not require borrowers to rep ay MHA  government mortgage assistance programs funds and are reimbursing and/or reversing the credit Bank of America has received for these funds so as to report any credits they  may  have received accurately. If this is not the case, then credits reported by Bank of America are inherently inaccurate. The question, in this instance at least, becomes intention. Did Bank of America intend to defraud the government and circumvent any agreed to or ordered mortgage relief efforts through their shady and grimy practices in the ordinary course of business or not. In view of the multitude of CFPB lodged complaints, in this instance, Bank  of Americas i ntent is evident and clear. Bank of AMerica has engaged in crimes listed under th e RICO Act.      On  XX/XX/XXXX  I  submitted a tender of Defense to my homeowners insurance company,  XXXX , to defend me against the improper Unlawful Detainer suit filed against me as a tenant. My homeowners insurance company is still reviewing my request and no legal professional has been provided by my homeowners insurance company to date. I have also submitted claims for the loss of property located on the property and intent to submit claims of vandalism and loss of real property as well. I have also submitted claims for the loss of a vehicle to my auto insurance company, too. All insurance claims are pending, including vandalism claims against  XXXX   XXXX  under his insurance policy for fence and tree damages.     All previously requested resolutions are desired to include all a payment of all amounts over the amount owed at the time of foreclosure sale at auction of   XX/XX/XXXX   as represented at that time by the Trustee,  XXXX , bank of America barred from conducting non-judicial foreclosures in any manner or form whatsoever, and the below, as previously stated in prior CFPB complaints.     Requirements of adverse possession on mortgaged real property are as follows : a ) A claim of adverse possession of real property secured by a mortgage or Trust Deed may be had upon notifying the mortgagee or their representative when any violation of law during loss mitigation resulting from a request  for RMA, and ; 1 ) The loss mitigation process has been pending beyond 90 days without a TPP in place in accordance with the MHA Act or other agreed upon workout assistance, or ; 2 ) Upon delinquency, where no Notice of Default has been recorded within 90 days. Prior to recording a NOD, the bank or servicer must certify, under the penalty of perjury in an affidavit or declaration to be included as part of the NOD, a new and complete review of the account records have been conducted to determine Dual Tracking violations have n't occurred. Once this review has been completed, bank, servicer, trustee must maintain certification so as to be current, true, and correct up to and though date of recording of the NOD. If the bank or servicer ca n't determine if Dual Tracking violations have occurred or Dual Tracking violations have occurred, then no NOD may be caused to be recorded until a determination can be made to certify and declare Dual Tracking violations have n't occurred related to the account, borrower, and property. If it 's determined Dual Tracking violations have occurred, steps must be taken to resolve dual tracking conflicts without penalty or detriment to the borrower whatsoever. Prior to recording a NTS the Trustee must include within the NTS a declaratory statement in accordance with California law that Dual Tracking has n't occurred. If such certification ca n't be made, then no NTS may be c aused to be recorded. All previously mentioned resolutions for the injury and harm caused are desired and mandatory, including all statutory, exemplary,  and punitive damages plus an additional ten percent and an immediate reimbursement of all amounts applied and assessed to this mortgage account at a compounded daily interest rate of ten percent via cashier 's check not drawn on BofA or any of their affiliates, or on a bank that does not conduct business within the state of California. Not only must BofA pay me back, to include mesne profits ( sold at auction amount, mortgage values to include both principal and interest, and rents ), BofA must also repay the tax payers all amounts associated with this account. This includes, but is not limited to, TARP, MHA, H HF fund  s since XX/XX/XXXX   XX/XX/XXXX . 
Damages are calculated as follows*/**/*** : STATUTORY : {$50000.00} for every household member, mesne profits, plus Median Property Value ( MPV ) and all amounts ever assessed on or associated with the real property and home loan mortgage account, personal property of at least {$300000.00} or actual value, whichever is greater, and all litigation costs. Vehicles are valued separately at the purchase price or actual value, whichever is greater. Household pets and livestock are an additional {$50000.00} each, plus ; EXEMPLARY : Payment of all property taxes and insurances for a minimum of fifty ( 50 ) years and three ( 3 ) times statutory damages, plus ; PUNITIVE : The statutory and exemplary damages for each instance of every caus  e of action listed, plus an additional 10 % of the total monetary damages ( statutory, exemplary, and punitive ). *Death claims are an additional trebling of calculated total damages for each instance. **Seniors and  XXXX  persons are entitled to any additional damages allowed by law for each eligible household member. ***Next of kin may bring a private right of action provided they have full knowledge of the matter and next of kin status can be proven. Full knowledge is assumed if next of kin resided on the property.

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