Consumer complaint received 2017-03-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Reference initial complaint XXXX Bank of America transferred mortgage to XXXX for servicing to foreclosure ( BofA, XXXX. miss answered the initial complaint which was supported with documents into record ). A debt collector law firm, XXXX, has been attached and have begun complete foreclosure without validating debt. We went to BofA on XX/XX/2012 turned in Death Certificate, Letters of Administration, Will & Deed of Trust as well as opened a bank account, closed the deceased account where payments were being deducted from and transferred deduction to new account. We began making payments as they were posted and BofA accepted until we kept asking for the loan to be transferred into the name of the owner of the property, clarify why the loan numbers did not matched so that we may properly address because there appears to have been tampering and a disappearance of residual assets belonging to the estate and to pay debts. Subsequently after numerous attempts to get a response to our Qualified Written Request a foreclosure has begun and it appears by the most recent document filed by XXXX, debt collector, who has refused to address or provide why the loan numbers do not match has filed a Protective Order against the home owner for asking them to follow the law and guidelines associated with debt collection practices. While our home is being jepoardized, in our initial complaint we brought it to your attention as while there was money in our bank to cover the mortgage, savings over draft protection, BofA was refusing payments and transferred the mortgage without validation or response as requested and promised. 
Because our home is attached to this, there is a clear disregard for our legitimate request. We have sought legal representation to defend the foreclosure however many questions are being raised without answers. 
It seems extremely concerning that the debt collector has filed an Order of Protection while they unlawfully aggressively pursue foreclosure. Protection Ordeds are for victims, which is what we feel like at this point however it appears the rules do not matter to another large entity. 
This matter needs to be brought to the attention of any and all governing agencies as if the loan numbers do not match the debt collector is withholding information that is relevant to all parties, not just them. Hiding behind they are protecting their client further raises issues when our property is being attached and a foreclosure is actively being pursued. 
We will continue to reach out for assistance because we are unlawfully being harmed as a result of unknown actions we have sought to address. The response letter dated XX/XX/2012 received indicated, Adjustable Rate Note ( adjustable crossed out ) and, " Unfortunately, we are unable to provide you with the following Loan Documents you requested : Other : is not available because the document " the answer was wited out. We have gotten the run around ever since. We made this request in person with the branch manager in XXXX, MD. XXXX, the debt collector now has indicated they are protecting their client and that we are not entitled to the information. I am the homeowner, deed of trust on record, personal administrator as well as heir to the estate - who is the client? Why am I not entitled to see and know why the loan numbers do not match and whose names are present?

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