Consumer complaint received 2017-06-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: LA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
To Whom It May Concern, I have been fighting with Bank of America, hereinafter referred to as BOFA, for well over 6 years now. It has been about 3 years since there has been any real activity on my property. That all changed early last month. BOFA received the servicing of my loan from Countrywide Home Loans Servicing, LP while the loan, hereinafter referred to as debt, was in default for the XX/XX/XXXX payment. Since BOFA acquired the servicing on this debt, they have repeatedly and constantly harassed me for payment and have threatened to foreclose. I presently have a foreclosure date set for XXXX, XX/XX/XXXX. I understand that under the Fair Debt Collection Practices Act, hereinafter referred to as FDCPA, BOFA is a " debt collector '' since they received the servicing rights while the alleged debt was in default. As a " debt collector '' they are without legal authority or rights to attempt to collect payments and/or proceed with a non-judicial action against my property pursuant to 15 U.S.C. Section 1692f ( 6 ) ( A ). My husband is now a XXXX  XXXX XXXX member and over the years we have moved around quite a bit. My property is home to me and my family. Although we may leave for a period of time, we do come back to our home. Today I found out that in mid-XX/XX/XXXX, BOFA had some workers go to my home and break the locks on my front gate to gain access to my property. Not only did they break the locks to my front gates, they broke into my home and disposed of some of my belongings I had in my property. Even if BOFA was a creditor, which they are not, entering on property without my permission is trespassing. Breaking my locks and breaking into my home is vandalism. Disposing my property is stealing. I am appalled at the actions of BOFA. BOFA 's actions are a blatant disregard for the law. Under the FDCPA, a debt collect may not use unfair or unconscionable means to collect or attempt to collect a debt. More specifically they may not take or threaten to possess or disable property when they have no enforceable right to the property. Lastly, BOFA is also in violation of the FDCPA because they are falsely representing the character, amount, and legal status of the debt. Over the years BOFA has told me they were the owners of the debt and then I was told XXXX was the owner of my debt. Pursuant to Commercial Code Section 3118, the statute of limitations for a note payable at a definite time shall commence within six years after the due date or due dates stated in the note, or if a due date is accelerated, within six years after the accelerated due date. The total amount was first accelerated in XXXX. The time for any collector to collect on this debt has expired. I am filing this complaint because I am beyond frustration and anger. I believe if I do not file a Complaint, they will continue to blatantly disregard the law and fraudulently and wrongfully foreclose on my home.

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