Consumer complaint received 2017-01-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America and their Trustee, XXXX XXXX XXXX XXXX ( XXXX ) has caused me undue XXXX when they broke the rules and proceeded with foreclosure processes including, but not limited to, the sale of my home and property without the authority to do so. 
Bank of America is representing to me, without providing proof, through their legal counsel in their XXXX XXXX, XXXX letter that Bank of America paid off the XXXX XXXX loan of {$10000.00} ( principal ) in XXXX XXXX. This is untrue and may easily be verified through the XXXX XXXX County Recorders Office and XXXX. What was recorded in XXXX XXXX was a Reconveyance for the XXXX XXXX Hardest Hit Fund Unemployment Assistance Program for funds Bank of America received for the months between XXXX XXXX through XXXX XXXX during the modification process to prevent default while the bank completes the modification process. However, in XXXX XXXX ( the month the last payment from the state was received ) Bank of America issued the same denial letter for MHA HAMP it issued in XXXX XXXX. Furthermore, as Bank of America has never issued a determination letter from the Appeals Department, the modification process is incomplete and still pending to date. This means Bank of America and XXXX did not have the right, as a matter of law, to begin the foreclosure process. In order for the XXXX to claim the right to title and ownership, they must prove the bank had the right to sell. 

I have not made a payment under the terms of the detailed XXXX Deed of Trust since XXXX XXXX. According to Bank of America representations as late as XXXX XXXX, XXXX, I have paid all property taxes assessed on the subject property through XXXX XXXX, XXXX. I have made openly nortorious claims of adverse possession since XXXX. Upon Bank of America accepting my request for mortgage assistance ( RMA ), they also accepted my representations as to no additional payments may be had in accordance with the XXXX Deed of Trust and I intend to occupy, reside, and possess the property as my primary home. Also according to Bank of America representations, I am no longer the owner of the subject property. As I am still in possession of the property and have not paid on the foreclosed upon XXXX Deed of Trust beyond the statutory time required for adverse possession, I am the owner of the subject property. 

All elements of adverse possession in the State of California have been met. This is what I refer to as the XXXX Requirements, in part, allowing for a claim of ownership through adverse possession. When the bank drags their feet once the bank has accepted a RMA and no payment has been had under the original terms of the original Deed of Trust for the statutory time required for adverse possession with all other requirements met without a modification payment plan in place, then the XXXX Requirements have been also been met allowing for a claim of adverse possession. It simply should not take four and a half years to present a trial payment plan ( TPP ) to the borrower once a modification trial payment plan has been granted. 

It is to be noted Bank of America has yet to explain why it is I have not been presented with a MHA HAMP TPP upon the issuance of the XXXX XXXX, XXXX Appeal Report granting MHA HAMP and directing that I be placed in a MHA HAMP TPP. Bank of America has also yet to explain why it is I have been told I was denied MHA HAMP on appeal in XXXX XXXX that was issued by the single point of contact at the time, XXXX XXXX and why it is the Appeal Specialist, XXXX XXXX who conducted the appeal review, had her determination on appeal withheld from me. 

XXXX ) Theft XXXX ) XXXX Also previously mentioned resolutions are desired and mandatory.

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