Consumer complaint received 2016-12-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Bank of America is in violation of the National Mortgage Settlement ( NMS ) and other consumer protection laws intended to keep folks in their homes or unlawful separation from their homes. All of the assigned single point of contacts ( SPOCs ) since XX/XX/XXXX have not conducted themselves as required by the agreement. I have never once encountered a knowledgeable SPOC as detailed within the NMS. As recently as XX/XX/XXXX, I was told the single point of contact had no authority to halt foreclosure processes including, but not limited to, the Trustee Sale at public auction when a SPOC supervising manager represented to me by stating, " At this point, there 's nothing I can do. '' According to the NMS, the SPOC has the authority to halt foreclosure processes, including sale, by making contact with the appropriate person. However, this was never done. To date, I have not been informed of any action taken I this regard and, in fact, I have been told the opposite. 

The XXXX Requirements for adverse possession on a mortgaged piece of real property are as follows : a ) A claim of adverse possession of real property secured by a mortgage or Deed of Trust may be had upon notifying the mortgagee or their representative when any violation of law during loss mitigation resulting from a request for mortgage assistance ( RMA ), and ; 1 ) The loss mitigation process has been pending beyond ninty ( 90 ) days without a Trial Payment Plan ( TPP ) in place in accordance with the Making Home Affordable ( MHA ) Act or other agreed upon workout assistance, or ; 2 ) Upon delinquency, where no Notice of Default has been recorded within ninty ( 90 ) days. 

In accordance with California law, ad of XX/XX/XXXX, the date the Notice of Trustee Sale ( NTS ) was recorded, I am entitled to statutory damages ( a minimum of {$50000.00} ), exemplary damages ( three ( 3 ) times the statutory amount ), and punitive damages ( at least three times statutory and exemplary amount ) of a minimum of {$450000.00}, plus associated legal fees and costs. 

XXXX ) Stonewalling ( park and stall tactics and practices ). 

All previously mentioned resolutions for the injury and harm caused are desired and mandatory, including, but not limited to, credit reporting repair and corrections, all state and federal tax liability satisfied on any monetary settlement, all statutory, exemplary, and punitive damages, plus an addtional ten percent, mesne profits ( to include sold at auction amount, rents received, all mortgage values of both principal and interest associated with the subject property ), and an immediate reimbursement of all amounts applied and assessed to the mortgage account at a compounded daily interest rate of ten percent via cashier 's check not drawn on Bank of America or any of their affiates, or on a bank that does not conduct business within the state of California. Not only must Bank of America pay me back, Bank of America must also repay the tax payers all amounts associated with this account. This includes, but is not limited to, TARP, MHA, HHF funds since 2007. 

Damages are calculated as followsXX/XX/XXXX : STATUTORY : {$50000.00} for every household member, mesne profits, plus Median Property Value ( MPV ) and all amounts ever assessed on or associated with the real property and home loan mortgage account, personal property of at least {$300000.00} or actual value, whichever is greater, and all litigation costs. Household pets and livestock are an additional {$50000.00} each, plus ; EXEMPLARY : Payment of all property taxes and insurances for a minimum of fifty ( 50 ) years and three ( 3 ) times statutory damages, plus ; PUNITIVE : The statutory and exemplary damages for each instance of every cause of action listed, plus an additional 10 % of the total monetary damages ( statutory, exemplary, and punitive ). 

*Death claims are an additional trebling of calculated total damages for each instance.

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