Consumer complaint received 2017-03-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
XXXX and XXXX, the trustee attorney, has claimed to have nothing to do with the foreclosure sale at auction, but have represented to me, through Bank of America and their legal counsel, their are still in the process of post foreclosure sale activities and are unable to tender payment of the {$11000.00} owed to me upon sale. Both XXXX and XXXX and XXXX are unnecessarily holding back the amount I am owed. It is now two months post foreclosure sale and I am not in receipt of payment that, through the representations made to me by Bank of America, XXXX and XXXX, and XXXX and XXXX, have been delayed without explanation. If XXXX XXXX XXXX XXXX had three weeks to sale my home via foreclosure sale at auction, then they should have only three weeks from the date of sale to pay out any monies owed to the foreclosure upon party. 

The bottom line is Bank of America and their partners in crime are a sheisty and grimy business enterprise incomparable to any other criminal racket, including XXXX. Bank of America has engage in a racketeer influenced corrupt organized enterprise with their representatives and third party agents and are guilty of activities covered under the Racketeer Influenced Corrupt Organized ( RICO ) Act. 

Bank of America has intentionally withheld material information from me during the modification process. Specifically, I had been granted a MHA HAMP on appeal and Bank of America chose to make misrepresentations to me as to the true status of this account, borrower, mortgage, Deed of Trust, and real property intended to bring about the improper separation of me and my home. 

Nothing Bank of America has said or done since XXXX XXXX, XXXX changes any of these facts. Everything Bank of America has done, represented and misrepresented to me since XXXX XXXX, XXXX was designed and intended to separate me from my home. 

There has never been an UCC Financing Statement and Assignment of Rents associated with the XXXX Bank of America Note and Deed of Trust, so Bank of America and their representatives can not collect on any default through the sale of the mortgaged property a a matter of law. However, the State of California, through XXXX, does have the right and first dibbs on any rents generated through the property in the event of default through their XXXX Deed of Trust. Additionally, the XXXX XXXX Deed of Trust must be paid off before the real property and title can be transferred as a matter of law. Therefore, there are many violations of law that may be put forth as affirmative defenses or causes of action if this matter is litigated in California XXXX Court. 

If the United States of America government will not take decisive action in this and similar matters, then a private or nonprofit organization should be encouraged to do so under the Private Attorney General Doctrine with financial support and other resources provided by the federal government. 

A resolution of immediate payment of {$11000.00} by check dawn on a local bank is desired.

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