Consumer complaint received 2016-11-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
The XXXX XXXX, XXXX Notice of Default ( NOD ) signalling the public initiation of the foreclosure process was recorded in error. In the Bank of America ( BofA ) XXXX XXXX, XXXX letter, BofA represented to me no principal balance is associated with this home loan mortgage account. Therefore, this account can not be delinquent as no default is possible, making any NOD recorded related to the XXXX Deed of Trust to be unlawful and without cause by Bank of America and their representatives or third party agents acting on their behalf, regardless of capacity or authority, at the time of recording and anytime since the NOD was recorded. 
Since the recording of the NOD, the account status remains as it was prior to recording and no payment activity has occurred on this account as evidenced by the account payment history records, no Rescission nor Notice of Trustee Sale ( NTS ) has been recorded, and no notice of pending sale has been provided to me or posted on my property. No Trustee Sale has been conducted for the property and my home has not been sold due to the recording of the NOD. 
I have provided multiple written notices to Bank of America via the BofA borrowers Home Loan Modification Status iportal dated XXXX XXXX, XXXX and XXXX XXXX, XXXX, and on XXXX XXXX, XXXX, XXXX XXXX, XXXX ( rescinded loan letter ) and XXXX XXXX, XXXX via the CFPB complaint iportal indicating the property has been occupied openly and notoriously, all property taxes have been paid current ( at the time of notices ), and the property is adversely possessed and owned by myself as my primary residence. Currently, there is no existing requirement in law to make known real property ownership through adverse possession other than an open and notorious claim of ownership for a period of at least sixty consecutive months, so on XXXX XXXX, XXXX I posted a public notice prominently displayed on the property of adverse possession. On XXXX XXXX, XXXX, I publicly announced adverse possession of my property and home and will continue to do so for three ( 3 ) consecutive weeks thereafter within the county where my property is located. 
Having submitted a complete Request for Mortgage Assistance ( RMA ) application package and having made a timely appeal upon receiving a written denial of a MHA HAMP without ever receiving a written determination on appeal, the modification process is incomplete to date. Therefore, I am considered pending in the modification process as a matter of law. When one is pending in loss mitigation processes while concurrently active in foreclosure processes, it is considered dual tracking and prohibited by the California Homeowners Bill of Rights ( CalHBOR ) and the National Mortgage Settlement ( NMS ) which govern and apply to Bank of America , N.A . 
There are XXXX Bank of America in-house escalated cases, ID numbers XXXX of XXXX XXXX, XXXX and XXXX of XXXX XXXX, XXXX, that are currently pending as I have not received any written response detailing steps taken to resolve the issues related within those case escalations to date. CFPB complaints and appeals are also considered escalated cases and, as such, are required to be resolved prior to any initiated or continued foreclosure processes. 
BofA Appeals Department Appeals Specialist make determinations on an appeal. Appeal determinations are not decided by the Underwriting Department, a customer relationship manager ( CRM AKA single point of contact ( SPOC ) ), or third party agent or representative. I was denied MHA HAMP upon completion of an initial review of a RMA and provided a SPOC issued written denial, but have not been denied MHA HAMP on appeal or offered a MHA HAMP TPP upon completion of an appeal review and have been denied the right to appeal a MHA HAMP initial determination. The right to an appeal is afforded under CalHBOR and the NMS.

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