Consumer complaint received 2023-12-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am writing to express my continued concern regarding the unresolved issue of the second mortgage purportedly signed at Bank of America and that ( I did not sign ) during my time working outside the country. As previously detailed, I provided an affidavit on XX/XX/XXXX, sent to the CEO, XXXX XXXX, XXXX, XXXX XXXX and their attorney, XXXX XXXX, a copy of the passport utilized during that period, relevant identification used in that country, my address there, doctor notes to dental appointments for my children and myself, and email communications with the dates during that time showing that I was not in this country at the time the second mortgage was signed. 
While I appreciate the internal response acknowledging the assignment of the specialist to investigate this matter and the requested timeline until XX/XX/XXXXXXXX I am troubled by the recent call on XX/XX/XXXX, demanding two months payment without the appropriate flagging of the account under a fraud investigation. The bank representative did not know who the specialist is in the case or if there had been a fraud case number assigned. She also corrected herself saying that the payment was only due for this month, XX/XX/XXXXXXXX XXXX 
I have made it explicitly clear that I am cooperating fully and have extended the necessary time for your team to address the accusations of fraud. Consequently, until a comprehensive resolution is achieved, and this issue is clarified, I can not, in good faith, make any payments. 
In addition, this ongoing matter, I feel compelled to inform you that I have taken further steps to seek resolution by contacting the Comptroller of Currency for his assistance in this situation. 
My rights under Federal Trade Commission are listed as follows : While the issuer is investigating your complaint, you can withhold payment on the disputed amount and any finance and related charges. 
The issuer may not take action against you for using your rights. The issuer can tell the three nationwide credit bureaus ( XXXX, XXXX, and XXXX ) that youre challenging your bill. But the issuer cant take legal action to collect the amount youve disputed ( or finance charges ) may not close or restrict your account ( though it can apply the disputed amount against your credit limit ) cant threaten your credit rating or report you as delinquent may not require you to pay your full balance immediately cant discriminate against you if, in good faith, you exercised your rights under the law to dispute a bill Additionally, I have NOT signed the 2nd mortgage, so Bank of America needs to resolve this matter and stop ignoring and violating me. At the same time, I rescind the security interest and the proceeds that Bank of America has/is/will be receiving from this contract or any other they might be using concerning me. I want all my securities that the Bank of America has used over the secondary market ( 80 % to me and 20 % to the bank ). I have asked for a refund of the debt notes, return my tinder and return my floating rate notes. 
As a reminder the Privacy Act of 1974 guarantees three primary rights with one being my right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of personal information. IF that protection would have been used then a 2nd mortgage that I did not sign would not have taken place while I was living outside of the country.

Privacy Act 1101.5 Security, confidentiality and protection of records.

( a ) The Act requires that records subject to the Act be maintained with appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience or unfairness to any individual on whom information is maintained. I should be protected from stress from all of this. This impacts my health and my everyday living. Fix the mistake. I implore you once again to handle this matter diligently and with the seriousness it warrants. 
On my behalf, Release of mortgage loan documents to specifically include the following in addition to the above-mentioned securities, debt notes and tinder : 1 Canceled promissory note for this mortgage and house located XXXX XXXX XXXX XXXX XXXX XXXX, Georgia, XXXX, all the tract or parcel of land lying and being in Land XXXX XXXX  of the XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  as per plate thereof recorded in XXXX XXXX XXXX, page XXXX, XXXX XXXX, XXXX XXXX XXXX which recoded plat is incorporated herein by reference and made of apart of this description. 
2 Deed of trust or mortgage deed and warranty deed given to me 3 Certificate of satisfaction given to me 4 Final mortgage statement paid in full 5 Loan payoff letter addressed to me.

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