Consumer complaint received 2022-07-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
I possessed this vacant property at XXXX XXXX XXXX XXXX, XXXX Florida XXXX by way of Adverse possession which all the paperwork was properly filed at XXXX XXXX of XXXX XXXX XXXX office the day of XXXX XXXX. Also Recorded at XXXX XXXX recording office. The home went into foreclosure the very next month. Then put up for Auction and sold XX/XX/2022. Apparently, the courts nor the auction winners knew anything about a possession claim, that had been properly filed, until the auction winner, picked the locks to the property and entered, a few days after the auction. I showed the sheriff, the locksmith and XXXX XXXX XXXX ( auction winner ) the Possession of Adverse claim paperwork and asked them to leave. Shortly after, XXXX XXXX contacted me and advised that he would file a " unlawful detainer '' upon me. The property was served the paper work twice, once with the words XXXX XXXX which i returned the first time back to the courts, and a second time in a envelope which i also returned. I was never given any notice of a default hearing or notice which is a violation of Civil Due Process. A eviction noticed was put on the door of the property with an offer to evict from the house in two days. This occurred on XX/XX/2022. I wrote to the courts for them to prove that the whole foreclosure was NOT fraud and That Bank of America even had the right or consent to foreclose on the home with the company NOT being the original lender NOR having any consent or transferred rights, seeing that the original home owner was deceased which i did try in contact but no luck. On XX/XX/2022 at XXXX, Six Sheriff Deputies entered the property with weapons drawn yelling for me put my hands up. I am now XXXX and the XXXX kids i have custody of have no place to go. They are ages XXXX, XXXX and XXXX. The property has been transferred in my name and reads as the current owner " XXXX which is a XXXX im the registered agent of. This is also recorded in the recording office of XXXX XXXX. Bank of America, NEVER had consent to foreclose on this home in the first place. I too, have, also sent XXXX XXXX, a Monetary instrument of {$210000.00} that i counter offered him for the property to stay in honor, which has never returned to me. By Florida statue law 673.6031 if Tender of Payment is refused, then the debt is DISCHARGED. I also properly sent him a letter 3 different times as proper for administrative process and He has never responded. I filed a motion for " Emergency motion to Re-enter '' and there isn't a hearing until XX/XX/2022. All my belongings, my kids things, memories, their and my clothes and other important documents including motorcycles and lawn equipment are still there. My kids and i have no place to go please help us, this is FRAUD and Bank of America needs to be held responsible. I had electricity, internet and security camera all set up and now all of that has been taken away from us. Thank You, God Bless You.

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