Consumer complaint received 2015-10-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
If you really want to protect consumers, you can start by not affording deference to every bank and/or servicer, where it seems all the protection is given. Bank of America is only the servicer of my mortgage. We have never borrowed any money nor has credit ever been extended by Bank of America. Issues regarding ownership have been raised by me in court and still have not been resolved. It is incumbent upon the assignee or purchaser to prove ownership and evidence of consideration paid and delivery of the account. TITLE XXXX - DEBT COLLECTION PRACTICES [ Fair Debt Collection Practices Act ], 803. Definitions [ 15 USC XX/XX/XXXXa ]. ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. My wife and I have Bank of America listed as creditor for a mortgage. There was never credit extended by this entity. As far as the FDCPA is concerned, a creditor is the original entity which loaned money to a consumer. It is not a collection agency ( or mortgage servicer ). Doing so is a violation of the FCRA and up to {$1000.00} in damages for each violation of the Act. Bank of America, named as Current Creditor, is misleading on XXXX credit reports, every month, since approximately XX/XX/XXXX. Bank of America is only the servicer of my mortgage. Accordingly, no contract privitiy exists. They are not a true party of interest entitled to enforce either the note or mortgage and have committed assignment fraud and forged note endorsements in order to create the appearance of a genuine and valid chain-of-title. The fraud and forgery was discussed in depth in my court filings and a formal complaint was filed with my local FBI field office XX/XX/XXXX. The agent assisting me in the XXXX XXXX XXXX XXXX indicated that a crime was indeed committed and referred me to the CFPB and the FDIC for further investigation. Additionally, I 've been a victim of predatory servicing based on their unfair and deceptive practices. My note requires me specifically to pay principle and interest only. Bank of America, as a servicer, unilaterally changed the terms and conditions of my note by demanding that I pay into an escrow account, for the life of the loan, which is contrary to the agreement, which they are not party to. This was a malicious attempt to create a " manufactured default '' by increasing my monthly obligation by almost {$1000.00} per month XXXX {$1300.00} to {$2200.00} XXXX. After submitting {$1300.00}, as per the terms of the contract, BoA stated they ca n't accept a partial payment. According to the FTC, " a statement that the transfer will not affect any terms or conditions of your mortgage, except those directly related to the servicing of the loan. For example, if your contract says you were allowed to pay property taxes and insurance premiums on your own, the new servicer can not demand that you establish an escrow account ''. This is n't conjecture. The fact that they 've tried to foreclose on my house twice, using this as a vehicle to establish a default is reprehensible. The implied duty of good faith and fair dealing holds that a duty exists which prohibits XXXX party to a contract from acting in such a manner as to prevent the other party from performing his obligations under the contract. The loan servicer acted in such a way as to prevent me from performing the obligations under the mortgage note. The remedy is to make the contract void. I did not assent to any agreement and any change was forced and involuntary.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation