Consumer complaint received 2015-08-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OH
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I was in a repayment plan with Bank of America. Bank of America returned my payment XXXX XXXX, XXXX, would not accept payment. I hired an attorneys in XXXX they put me in a false foreclosure. This is still in court. Bank of America has committed purgery, withholding evidence and obstruction of justice. Court docket on XXXX/XXXX/XXXX N/A MG PLAINTIFF 'S MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFENDANT HAS SUBMITTED AN AFFIDAVIT ( EX. XXXX ) THAT SHE ENTERED INTO A " REPAYMENT PLAN AGREEMENT '' WITH PLAINTIFF. THE REPAYMENT AGREEMENT ( EX. XXXX ) PERMITTED HER TO BRING HER ACCOUNT CURRENT WITH MONTHLY PAYMENTS. DEFENDANT AVERS THAT SHE PAID THE FIRST XXXX PAYMENTS UNDER THE AGREEMENT, AND THAT THE PLAINTIFF ACCEPTED THESE PAYMENTS. DEFENDANT THEN AVERS THAT SHE TENDERED THE XXXX, XXXX PAYMENT, BUT THAT PLAINTIFF RETURNED THIS PAYMENT WITHOUT EXPLANATION. DEFENDANT 'S AFFIDAVIT IS SUPPORTED BY A XXXX XXXX RECEIPT ( EX. XXXX ) FOR THE TENDER OF THE XXXX PAYMENT, AND IS FURTHER SUPPORTED BY A XXXX XXXX XXXX ( EX. XXXX ) THAT STATES " YOUR XXXX XXXX XXXX COLLECT MONEY TRANSFER HAS BEEN DECLINED. '' DEFENDANT 'S EVIDENCE, IF BELIEVED BY THE TRIER OF FACT, SHOWS THAT PLAINTIFF HAS BREACHED THE AGREEMENT BY REJECTING A PAYMENT CONTEMPLATED BY THE REPAYMENT PLAN AND MAY THEREFORE BE ESTOPPED FROM PROCEEDING WITH FORECLOSURE. DEFENDANT HAS THUS DEMONSTRATED THE EXISTENCE OF A GENUINE ISSUE OF MATERIAL FACT THAT PRECLUDES SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFF. FURTHER, DEFENDANT 'S EVIDENCE IS RELEVANT TO THE BALANCE OF EQUITIES IN THIS CASE. UNDER XXXX LAW, A FORECLOSURE INVOLVES A XXXX-STEP PROCESS. ONCE IT HAS BEEN DETERMINED AS A MATTER OF LAW THAT A DEFAULT ON THE OBLIGATION SECURED BY THE MORTGAGE HAS OCCURRED, A COURT MUST THEN CONSIDER THE EQUITIES TO DETERMINE IF FORECLOSURE IS THE APPROPRIATE REMEDY. XXXX XXXX XXXX V. XXXX XXXX XXXX, XXXX ( XXXX DIST. ) ; XXXX XXXX XXXX XXXX XXXX V. XXXX , XXXX, XXXX ( XXXX DIST. ) ; XXXX XXXX XXXX ( XXXX DIST. XXXX ), XXXX XXXX XXXX, XXXX, MOTION TO CERTIFY RECORD OVERRULED, XXXX XXXX XXXX , XXXX XXXX XXXX XXXX ( XXXX ). A TRIAL COURT IS NOT PERMITTED TO ENGAGE IN SUCH A WEIGHING OF EVIDENCE IN DECIDING A MOTION FOR SUMMARY JUDGMENT. NOTICE ISSUEDI did nothing wrong so why is nobody making Bank of America accountable for there felonies? I will never give up. We had pre-trial which the banks rep lied on the stand stating I was late making my payments. This has been filed previously and in the last response from the bank they stated I was late with payments. I was not aware this would keep going on with the bank having different false excuses of there error. In trial my attorney asked me while I was on the stand if I was aware that the repayment plan had an extra {$9000.00} dollars hidden fee, of course I DID NOT. This has been going on for nearly 8 years. This has severely traumatized me. So it is true the justice system allows a crime if you have wealth. Bank of America has also sold my mortgage XXXX XXXX to XXXX XXXX XXXX , XXXX XXXX, XXXX. This is another ploy to not be accountable of criminal actions by Bank Of America!

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation