Consumer complaint received 2017-01-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
XXXX/XXXX/XXXX - We got a $ XXXX loan with XXXX for our primary residence valued, then, at $ XXXX. Made our payments to XXXX for the next few years w/o issue. Then in XXXX, Real Estate bubble burst. 
XXXX/XXXX/XXXX We missed our first Mortgage payment. 
XXXX - We were " served '' an official letter from XXXX demanding payment in full of the {>= $1,000,000} loan. I called and spoke to, " XXXX XXXX '' who was absolutely horrible and said if we did n't pay the loan off, they could have us " out of our home by XXXX '' We had a new baby girl and XXXX XXXX XXXX boy/girl twins ( XXXX/XXXX/XXXX was their XXXX Birthday party. I will never forget how painful that was ) Attorney gave me the run down and timeframes so I could plan accordingly. We moved out of the home and lived with family to avoid a " Sheriff style eviction '' Foreclosure never happened, we were in limbo, not sure what to do. We moved back in temporarily. 
XXXX/XXXX/XXXX Eventually, at the advice of an attorney, XXXX filed Bankruptcy. He got a job in XXXX so we moved to XXXX to rebuild. 
XXXX - The mortgage finally drops off our credit report because of the federal Statute of Limitations. For 6 years we could n't get a car loan, rent a house, or finance anything without lots of help. Even with a co signor, a {>= $1,000,000} mortgage that is unpaid for 6 years is a big deal. We thought this was the end, and things would finally start to get better. We got a $ XXXX/month car loan and start to rebuild. 
XXXX/XXXX/XXXX - Surprise ... A Notice of Trustee Sale is recorded for the sale of our home after over 7 years of demanding payment in full, and no follow through. XXXX called the attorney representing the trustee told him I did n't think they had the right to foreclose because it had been 7.5 years since they called the note due and XXXX State has a 6 year statute of limitations. He was an arrogant jerk and said he could rely on whatever the bank was giving him and if I did n't like it, we had to retain an attorney and sue the bank to stop them. We had also done some research and told him that this was Agriculture property and they could legally not Non Judicially foreclose, they had to go through the courts system and the burden would XXXX to them to prove they had the right to foreclose. He did n't like this at all and got really mad and said he did n't even have to talk to me and I needed to get an attorney to talk to him from there on. For the next year we get notices saying that the sale is continued. We hire an attorney to write a few demand letters but they ignore them and take the position, if we do n't like it, we have to sue them. We demand that they prove they have legal standing and have complied with all the state and federal lending and foreclosure laws. They ignore us and say they do n't have to prove anything, state law does n't require them to. Sale dates come and go, and get continued without an actual sale. 
XXXX/XXXX/XXXX Trustee records a discontinuance of the previous sale and sets a new date for XXXX/XXXX/XXXX with a new Notice of Trustee Sale. 
XXXX/XXXX/XXXX Current Sale date for the most recent Notice of Trustee Sale. 
Current : Just learn now that we can not get a new Mortgage together, and start over, until another XXXXXXXX years AFTER the foreclose date that has n't even happened yet!!! XXXXXXXX years of punishment. 
They are n't lawfully allowed to foreclose and I think they know it, but they have unlimited financial resources and we do not. So, they will keep threatening and just do what they want to do because they can operate above the law. This is wrong and we need help, please. Attorneys want many thousands of dollars and are in it for themselves. This is very obvious as we have paid thousands to get " advice '' and " educated '' only to be stuck in the same extortion type situation with an attoreny. 

Please help.

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