Consumer complaint received 2016-08-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: HI
Product: Debt collection
Sub-product: I do not know
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
XXXX and XXXX, Wife and Husband, true and lawful Attorney-in-Fact XXXX trade name XXXX has been in contact with BANK OF AMERICA , N.A . ESCALATION DEPARTMENT at XXXX or XXXX or XXXX, and BANK OF AMERICA , N.A . FORECLOSURE DEPARTMENT at XXXX since Tuesday, XXXX XXXX XXXX until Monday, XXXX XXXX, XXXX and has spoken to XXXX ( XXXX ), XXXX ( XXXX ), XXXX, XXXX, XXXX ( XXXX ), XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, SUPERVISOR XXXX ( XXXX ), XXXX, XXXX ( XXXX ), XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX during this duration of a little over a month, and THEY all stated that according to BANA 's records, BANA has put the foreclosure on hold since XXXX XXXX, XXXX, and there is no foreclosure sale scheduled. 
So if that is true, then why did XXXX just find out that someone without BANA 's knowledge is attempting to hold a public auction on Tuesday, XXXX XXXX, XXXX ( open " First Attachment '' ), when there is an " Amended Notice of Pendency of Action '' filed and recorded with the EXECUTIVE ADMINISTRATIVE BRANCH OFFICE OF THE FEDERATED STATE OF HAWAI'I DEPARTMENT OF LAND & NATURAL RESOURCES BUREAU OF CONVEYANCES on XXXX XXXX, XXXX, giving " CONSTRUCTIVE NOTICE '' to the world that there is a " QUIET TITLE CIVIL ACTION '' suit actively pending. ( open " Second Attachment '' ). 
How is that possible anyway, when a foreclosure of a Mortgage may not be brought by one who has no title to it. XXXX. 
Its apparently obvious that BANA 's left hand does n't know what BANA 's right hand is doing or BANA does know about this attempted public auction, and is still knowingly and intentionally practicing deceptive and unfair acts and practices??? 
( 1 ) Lawyers can be " debt collectors '' under the FDCPA even if they are engaged in litigation activity. XXXX ( XXXX ) ; XXXX ( XXXX ) ( addressing what it means to be " regularly '' engaged in collection of debts ). 
( 2 ) Even if your law firm is a limited liability company, the owner of the firm may be directly liable under the FDCPA. XXXX ( XXXX ). 
( 3 ) Debt buyer directly liable under FDCPA if it engages in collection activity. See XXXX ( XXXX ). 
( 4 ) Debt buyer may be vicariously liable if principal-agent relationship exists. XXXX ( XXXX ). 
( 5 ) Debt buyer almost always vicariously liable for their attorney 's conduct. XXXX ( XXXX ) ( " Congress intended the actions of an attorney to be imputed to the client on whose behalf they were taken. " ) ; see also XXXX ( XXXX ) ( debt collection company can be vicariously liable for actions of collection attorney ). 
( 6 ) XXXX ( XXXX ) - letter case. " ... a debt collector may be held vicariously liable for the actions of a second debt collector working as an agent of the first, regardless of whether that second debt collector is an attorney. ''

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