Consumer complaint received 2015-05-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
The mortgagee has illegally blocked my attempts to save my home through an ongoing pattern of unfair, unlawful and fraudulent business practices and has scheduled foreclosure sale of my property although the valid and material default in legal obligation is on the part of the mortgagee. I 've sent Notices of Grievance pursuant to the Deed of Trust but instead of taking corrective measures they continue to add illegal fees and interest draining my equity and repeatedly scheduled unlawful sales in an effort to extract money which I do not owe. They are in violation of the loan contract, Civil Code, the FDCPA and in Contempt of Court Orders. I was led into default by misrepresentation in XXXX prior foreclosures and unlawful overcharging hindered my ability to make payments. The FTC action against Countrywide found this a violation of 15 U.S.C. 45a and the loan contract. They induced me to enter the modification program instead of pursuing affordable loan terms by other means while concealing the lack of authority to modify. My attempt to make payments was prevented by the bank 's agent who instructed me not to do so excusing my performance pursuant to CC XXXX ( The want of performance of an obligation is excused when such performance is prevented or delayed by the act of the creditor ). Refusing or hindering payments was a failure of an implied condition precedent of the DOT requiring payments. Foreclosure was initiated without first considering my loan for modification as required by the Countrywide Judgment and was in CONTEMPT of Court which within the US District Court is a denial of my Due Process of Liberty " to establish a home '' and will cause me " irreparable injury ''. Foreclosure was initiated without a Notice of Acceleration and in the absence of default as thousands of dollars of illegal overcharging had not been refunded. While the DOT provides that no offset owed by the lender relieves the borrower from monthly payments there is no conclusive presumption that this applies to illegal over-charging that is withheld which is prohibited by the DOT. The mortgagee filed forged documents in the Recorders Office violating Penal Code 115 clouding my title. The DOT was violated when the entity purporting the right to invoke the power of sale was not the lender of record and had no legal interest in the loan. In an attempt to amend the defect a back-dated, robosigned document purporting to be an assignment was filed but the NOD remained void as at the time the entity lacked the authority to record the notice. The assignment was executed by XXXX in its individual capacity and resulted in no transfer of interest as a nominee may assign a DOT only on behalf of the lender. XXXX failed to disclose under whose authority it was " assigning '' interest as required under the statute of frauds. CC XXXX ( " In general, if some other person executes a deed on behalf of the grantor, the grantor 's authorization must be in writing. " Noncompliance with Statutory requirements results in the unenforceability of the contract due to Statute of Frauds '' XXXX, XXXX. CWABS 2006 XXXX could not assign a defective obligation XXXX years after its closing date under XXXX regulations and is not the noteholder according to court testimony in XXXX. My loan is a not a " qualified mortgage '' and any income would be a prohibited transaction subject to 100 % taxation. Default related fees were added to my account which I was told was a technicality in the modification process. I relied to my detriment and spent hundreds of hours applying and resubmitting " lost '' documents. Instead of affordable loan terms I was denied for over-forbearance occasioned by their delay. The Mortgagee is attempting to wrongfully foreclose as the breaching party and by means of a void NOD and assignment. These unlawful actions would cause me irreparable injury

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