Consumer complaint received 2016-08-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OH
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
On XXXX XXXX, 2016, XXXX . XXXX XXXX, XXXX and XXXX XXXX XXXX, XXXX were sent via certified mail a notice of Resscission. I am exercising my right/claim to rescind. I participated in a consumer credit transaction where there was a security interest obtained by operation of law in property which is used as my principal dwelling. My home is a necessary used only personal, family and household purposes. My principal private home is located at XXXX XXXX XXXX XXXX. My private home is not used to engage in trade or business. 
A complaint for foreclosure was file by both XXXX XXXX XXXX and XXXX XXXX XXXX. The actual signature on the complaint is not legible. Since this complaint was filed I rescinded the mortgage. This matter should now be resolved since the mortgage is cancelled. As cited in 12 C.F.R pt. 1026, App'x H. Model form H-8, " If you cancel the transaction, the [ mortgage/lien/security interest ] is also cancelled. Within 20 calendar days after we receive your notice we must take the steps necessary to reflect the fact that the mortgage, lien, security interest on or in your home has been cancelled and we must return to you any money or property you have giving to us or anyone else in connection with this transaction. 
The individual who file the complaint stated in the second count 4th point that " Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard insurance premiums and property protection and maintenance. In response I would like to say that I do not have a transaction similar to the one in this claim/complaint. I participated in a noncommercial consumer credit transaction where I received an extension of credit. No real property is involved. This is not a State matter. This matter involves interstate commerce, in which you do not have personal jurisdiction. 
Original loan level account documentation needs to be sent to me for my personal inspection to confirm that it is genuine and to ensure every piece of the documentation is from the original creditor. Until this transpires this complaint has no merit. 
I am exercising my private right of action. I am demanding that you close any alleged account and return the escrow in these balances immediately. 
The defendants that are listed in the second count and 5th point of the complaint are associated with other people who have the same name as me ( XXXX XXXX ), as evidenced by the document titled " Commitment for Title Insurance dated XXXX/XXXX/16. 
The complaint also states in the second count, 6th point that " Plaintiff further says that the Defendant, The United States of America, has or claims to have an interest in the premises by virtue of a Federal Tax Lien, a copy of which is attached hereto, and marked as EXHIBIT " E '' and EXHIBIT " F '' and made part hereof as follows. '' Exhibit E references a " Notice of Federal Tax Lien '' against a XXXX XXXX who has a residence listed at XXXX XXXX XXXX XXXX, XXXX, OH XXXX. I am not the XXXX XXXX listed on this lien and I never had a residence ( or consumer credit transaction ) at this address. 

Of concern : XXXX where the complaint is filed differs from XXXX which is noted in a summons received on XXXX/XXXX/16.

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