Consumer complaint received 2017-02-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
XX/XX/XXXX We refinanced our home with a loan from Countrywide, made payments until XX/XX/XXXX when the market crashed. See Exhibit 1 XX/XX/XXXX Countrywide sent a Notice of Default and Acceleration letter and said specifically, " If the default is not cured on or before XX/XX/XXXX, the mortgage payments will be accelerated with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings will be initiated at that time. '' Clearly stated, this is not a foreclosure, but foreclosure may happen in the future. See Exhibit 2 XX/XX/XXXX came and went with no additional notices or legal actions as stated in the previous notice. 

XXXX I file for BK See Exhibit 3 XX/XX/XXXX I waived my right to a discharge for all debt, letter mailed to creditors XX/XX/XXXX. Statue of Limitations begins to run again 30 days after the mailed letter, XX/XX/XXXX See Exhibit 4. 

XX/XX/XXXX Bank of America sends another NOD stating " Bank of America , N.A . intends to initiate foreclosure action on the mortgaged property. '' This another threat of a lawsuit that never came, but never the less another " Notice '' and reference a future action that that bank intends to take. See Exhibit 5 Bank of America transfers servicing to XXXX, and later to XXXX. 

XXXX XXXX XXXX sends Notice of Default and Acceleration letter, just like in XX/XX/XXXX, XX/XX/XXXX and other notices over the previous 7+ years. This is another Notice ; a foreclosure has still not commenced and no other legal action has taken place. See Exhibit 6 According to WA State law, the 6-year statute of limitation for lender to collect on the debt was up on : XX/XX/XXXX. 

RCW 62A.3-118 : Statute of Limitations requires a lender to take an actionto enforce within 6 years of the acceleration for written contracts. Law dictionary define an action as : n. a lawsuit in which one party ( or parties ) sues another. I still have not been a party to a lawsuit that would toll the statute. Exhibit 7 XX/XX/XXXX comes and goes and no lawsuit is filed. The lender has had over 7 years to take action, still no lawsuit filed, and over 6 years of the Statute of Limitations running. Exhibit XXXX XX/XX/XXXX Trustee records Notice of Trustee Sale, with sale date XX/XX/XXXX. Again, a NOTICE as in the title of the document. Lender specifically is choosing not to take legal action and file a lawsuit, rather to follow a non judicial process AFTER the debt is barred from collection. Exhibit 9 XX/XX/XXXX comes and goes, several continuances of sale are issued. Trustee is aware of SOL issues. Phone calls and letters explain to trustee the situation and they do n't have the sale. 

XX/XX/XXXX ( 120 days past sale date ) comes and goes with no sale occurring. WA foreclosure law requires lender to start the foreclosure process again. Still, no tolling has occurred yet. 

XX/XX/XXXX Trustee records Discontinuance acknowledging that they have to start over but the last day to have the sale was XX/XX/XXXX.. See Exhibit 10 Trustee also records new NOTS with new sale date of XX/XX/XXXX. They are starting over with the foreclosure process on XX/XX/XXXX. See Exhibit 11. 

Now, the lender is wrongfully trying to collect a debt that is barred from collection AGAIN! 

Either way, the 6-year SOL has passed on XX/XX/XXXX, over 302 days past the 6 year tolling date, and over 8 years past the first late payment. 

XXXX XXXX XXXX XXXX agrees to continue the sale until XX/XX/XXXX to look into this further. See Exhibit 12. 

As of XX/XX/XXXX, I have still not been sued by the lender, Bank, " holder '' " servicer '' or any other party claiming to have standing to do so, nor has anyone commence a Judicial Foreclosure. 

PLEASE HELP!!!

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