Consumer complaint received 2015-09-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Settlement process and costs

Complaint:
Countrywide and Bank of America failed to follow Arizona Recording Laws, there is no record of Owner Assignment by Countrywide or Bank of America. To effectuate an assignment, the assignment must be in proper written format and recorded to provide notice of the assignment. A mortgage is a conveyance of land. Nothing is conveyed until it is validly conveyed. The various agreements between the securitization entities may have thought that they have a right to an assignment of the mortgage, but did not properly record the assignments in the correct timeframe and they are certainly not in recordable form or duly acknowledged by the State of Arizona XXXX XXXX Recorder Office. In addition, all Assignments should have been done prior to foreclosure. Since the OCC shut down XXXX, this loan became null and void and no other lender should have been collecting any further debt related to this loan/debt. Countrywide Home Loans failed to get a valid Assignment prior to their bankruptcy. The Specially-made Assignments by XXXX XXXX by Attorney XXXX XXXX XXXX are recorded at the XXXX XXXX Recorder Office after the foreclosure sale, making it appear that the Trust somehow " knew '' prior to the assignment that it would acquire the defaulted property several months after the foreclosure action was initiated. Trusts continue to rely on Assignments specially made by their own law firms and mortgage default service companies and title companies. Eventually, these fraudulent Assignments will be discovered by the Courts and SEC, and the foreclosing trusts will be required to prove that they own the Mortgage and Note in the foreclosure action without reliance on " Blank and Non-existing '' Assignments that misrepresent the date of the actual transfer to the Trust ; or that they had the authority from the signers of the bankrupt original lenders. Once discovered, the Faulty Assignments will jeopardize the Trusts ' claims to ownership and will be realized as a wrongful and fraudulent. Assignments should be documented per Arizona Recording Law XXXX XXXX. 

If the loan was securitized XXXX, there is no record of Assignments to either the Sponsor or Depositor as required by the Pooling and Servicing Agreement, the loan is null and void. 

If the Assignment of Deed of Trust was executed after the Trust 's Closing Date, then this would be a void act for the reason that it violated the express terms of the Trust instrument. 

If there is no record of Assignments to either the Sponsor or Depositor as required by the Pooling and Servicing Agreement, the loan is null and void. Please send me proof that the Countrywide and/or Bank of America have legitimate assignments per the Pooling and service agreement. 

In XXXX XXXX ( XXXX ), the U.S. SupremeCourt stated " The note and mortgage are inseparable ; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity. " " Where the mortgagee has " transferred '' only the mortgage, the transaction is a nullity and the " assignee '' having received no interest in the underlying debt or obligation, has a worthless piece of paper ( XXXX XXXX XXXX XXXX ), XXXX, XXXX [ XXXX ] ( XXXX ). 

No assignments for Countrywide or Bank of America were ever documented at the XXXX XXXX Recorder office. The Original Lender Assignment from XXXX was recorded in XXXX, then the Assignment of the sale to XXXX XXXX and XXXX in XXXX. The Assignments for Countrywide and Bank of America were not recorded, therefore, I am entitled to a monetary settlement because the XXXX and Countrywide loans became null

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