Consumer complaint received 2016-12-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I XXXX XXXX, having been involved in an extensive foreclosure process against my home for several years, respectfully request intervention from the CFPB. My initial complaint came to the CFPB through the governing body of my loan attached by proxy to Bank of America, the foreclosing entity. That entity is the Office of the Comptroller of the Currency. My complaint was dismissed on grounds that there was an ongoing litigation in the XXXX Circuit Court of Appeals. That is no longer the case, and I believe that my complaint should be given consideration from not only the aforementioned-federal regulatory body, but also with the Federal Housing Finance Agency. Currently there is a foreclosure scheduled on my home for XX/XX/XXXX. Per the attached responses from Bank of America, only the verification of debt is addressed. Since the procurement of my original mortgage, there has been no connection of ownership of the debt showing the original creditor, or for that matter who the current credit is that has originated a foreclosure action. As you know, according to the Fair Debt Collection Practices Act 1692-1692p, specifically 809 - Validation of debts section ( a ) Notice of debt, Bank of America was required to submit a complete validation of debt as mandated through the Truth in Lending Act. Even though that request was fulfilled, there is still ne attachment showing the original creditor or any subsequent ownership of debt as required. To this date, I have no knowledge what parties own my mortgage or connection to continue on an illegal foreclosure process by Bank of America. Under the Fair Debt Collection Practices Act, it mandates in FDCPA section 809 ( b ), 15 USC 1692g, if the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall " Cease & Desist '' collection of the debt, until the debt collector obtains validation of the debt. 
In XXXX vs. XXXX, the collector can not take further action until the debt is validated. 

This letter is being sent to you in response to a Notice received XX/XX/XXXX, and as a follow-up to a timely-file dispute of that debt validation letter. Please be advised that, pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g sec. 809 ( b ) that your claim is disputed, and validation is requested. This complaint requests validation of the alleged debt accompanied by an affidavit from the alleged original creditor, and the current creditor. Please provide the following : 1 ) A copy of the original alleged note accompanied by an affidavit from the alleged lender, XXXX ) Identify to what the alleged debt pertains, 3 ) Provide details how the alleged debt was calculated, ( XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX, Circuit Court, XX/XX/XXXX, 4 ) Provide Regulation Z, and Notice of Right to Cancel ( Truth in Lending Act ), 5 ) Provide copies of any papers that show that I agreed to pay the alleged debt, 6 ) Identify the original creditor via affidavit, 7 ) Identify the current creditor via affidavit, 8 ) Provide the agreement between the creditor and your firm which authorizes you to collect funds ( without a contract, your firm has no right to foreclose ), 9 ) Provide evidence that the Statute of Limitations has not expired on this account, 10 ) Provide evidence that you are licensed to collect in my state, 11 ) Provide your license numbers and the Alleged Lender 's Registered Agent. 

Once I receive the requested information, I will require at least thirty ( 30 ) days to investigate this information. During such time, all collection activity must " Cease & Desist ''

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 non-monetary relief