Consumer complaint received 2016-01-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: HI
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I own a fee simple property on XXXX XXXX in XXXX, HI since XXXX. The borrower was formally discharged from the obligation in a bankruptcy ch. XXXX " no asset '' case in XXXX. I am the the fee simple title owner and therefore, Bank of America must deal with me. BOA is not on the loan and neither am I. BOA, thru their lawyers, XXXX XXXX, and before that, XXXX Hawaii, deliberately blocked me from the case which deprived me of my right to be heard and to defend my property. By intentionally omitting me from being able to speak in the case to protect my interest in the property, nothing has been resolved and I have been denied my due process rights. Despite numerous objections and attempts to intervene, and to join, and to reconsider the denials, they would not let me become a party to the case. I filed for injunctive relief and declaratory judment and all to no avail. I also filed a verified affidavit with numerous exhibits that prove that I am the title owner and BOA has not produced any evidence to show they have any right to enforce the note. They are not the holder of the note, never claimed to be, nor the lender, nor a real party in interest. They stated in their complaint that they are a " servicer '' and yet they concealed from the court at all times who they are servicing for. They failed to claim they were injured at all. They failed to prove any of their case, and they brought more falsified documents into evidence despite their Consent Order promising to change their evil ways. Both BOA and I sit in XXXX party positions and as a result, I demand proof of their right to enforce the note, otherwise, they are taking my property by THEFT. They failed to join the real party in interest, and since they are not the holder of the note, nor the lender, they ca n't bring the action in the first place because they LACK STANDING. They had sent me debt validation letters before the case ever started telling me that XXXX XXXX owned the loan, yet they never mentioned XXXX XXXX at all in the court proceeding. There are no assignments that show XXXX XXXX ever got the loan. They hid this information from the court and yet without any enforcement rights, they proceeded to sell my property yesterday at a judicial sale. The only doc they rely on to tie them to this case is a FORGED Assignment of Mortgage that has so many defects right on the face of it that clearly shows fraud so it is VOID. Hawaii is a mortgage state and a lien theory state, so they do n't have any right to the title until after it finally confirms. They refused to acknowledge my interests despite that they are forcing my tenant to pay them. Defendants presented an expert witness testimony from a forensic handwriting analyst that reviewed the assignment and determined there was forgery on the assignment yet they recorded that false doc in the Land Ct. The court stopped the case and asked them to prove the authority of the XXXX signer. Instead, BOA brought in a fake " corp. resolution '' listing XXXX robo signers instead of proving the authority of the one who falsified the document which has been recorded in the property records in Hawaii. Yesterday, the XXXX XXXX XXXX reviewed the documents on the record with me and they clearly saw that the assignment to Bank of America as sucessor by merger to BAC Servicing LP and Countrywide Servicing LP is NOT THE SAME COMPANY AS Countrywide Home Loans , Inc, the originator. Furthermore, XXXX and BOA show for many years now that they are INACTIVE at the XXXX website, so XXXX already rid themselves of this loan. And yet they foreclosed fraudulently anyway. Our laws in Hawaii require that an action be brought in the name of the real party in interest. BOA is not that party. They have no personal knowledge and have relied on just a declaration, yet they are stealing my money. Summary judgment was obtained by fraud. Please Help.

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