Consumer complaint received 2017-01-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America did not caused to be recorded the XX/XX/XXXX MHA HAMP Modified Deed of Trust to date thereby making it void and voidable. However, in the Bank of America letter issued by their legal counsel of XX/XX/XXXX, Bank of America claims the XX/XX/XXXX Deed of Trust supplements and adds to the foreclosed upon XX/XX/XXXX Deed of Trust representing to me any Notice of Default recorded on the XX/XX/XXXX Deed of Trust is, in fact, a Notice of Default on the unrecorded XX/XX/XXXX MHA HAMP Modified Deed of Trust. Basically, Bank of America is representing to me it is not necessary to record a Modified Deed of Trust to foreclose on that Deed of Trust and an unrecorded real property document is a valid and actionable instrument. 

I dispute this representation on a mortgage, Deed of Trust, or real property. Any unrecorded real property document is at best unactionable and unbinding unless it is superceded by a more recently executed recorded document, and then the unrecorded document becomes void and voidable as it has been made moot by the more recently executed recorded document. At worst, an unrecorded real property document becomes a pathway to fraud on a mortgage, Deed of Trust, or real property. In this instance, it is that and more. It is a tool that has allowed the bank, servicer, and trustee to use as a vehicle to defraud me of money and real property. After all, it 's not as if Bank of America is not in the habit of recording Modified Deeds of Trust on home loan mortgages designed to keep borrowers in their homes by reducing the monthly installment payments ensuring the modification has been properly executed and the applicable rules have been followed allowing for the enforcement of the established terms set forth through modification assistance and the Modified Deed of Trust. 

The XX/XX/XXXX MHA HAMP Modified Deed of Trust is riddled with errors barring the recording of such a document and rendering it 's execution moot in the process. The XX/XX/XXXX Deed of Trust was not left unrecorded through negligence, but rather it has been left unrecorded by Bank of America as a way to hide their non-compliance with applicable rules of law during and throughout the loss mitigation processes as is evidenced by the XXXX settlement offers made to me to date arising since I began loss mitigation processes in XX/XX/XXXX. However, Bank of America failed to either re-execute the XX/XX/XXXX Modified Deed of Trust, inform me of any problems that may be associated with the XX/XX/XXXX Deed of Trust when the bank became aware of any such problems related to the document or modification process including, but not limited to, errors within the document itself ( improper execution ), or failing to comply with applicable rules of law related to the XX/XX/XXXX modification resulting in the Modified Deed of Trust, or establishing a new modification thereby superceding the XX/XX/XXXX Modified Deed of Trust making it moot and not at issue. It should be noted that I did make a subsequent request for mortgage assistance ( RMA ) since the XX/XX/XXXX Modified Deed of Trust was executed as evidenced by the initial review of the RMA complete application package of XX/XX/XXXX, but this RMA has not resulted in any subsequently recorded Modified Deed of Trust to date. Clearly, Bank of America had an opportunity to rectify the situation, but failed to do so. 

All previously mentioned resolutions are desired and mandatory as stated within prior CFBP complaints.

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