Consumer complaint received 2015-05-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WV
Product: Debt collection
Sub-product: Mortgage
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt was paid

Complaint:
Beginning in XX/XX/XXXX, a mortgage servicer, acting as a debt collector, contacted me XXXX years after a foreclosure was conducted on a property I owned in Massachusetts. I had no prior knowledge of this mortgage servicer/debt collector, XXXX prior to this contact. I had a XXXX and XXXX mortgage on the property at the time of foreclosure. Both mortgages were serviced by the same company : initially Countrywide and later Bank of America. BofA conducted the foreclosure in XX/XX/XXXX. 

1 ) According to MA state law, a mortgagee or mortgage servicer needs a deficiency judgement to collect remaining loan debt after a property foreclosure. In order to seek deficiency judgement, the mortgagee must provide proof of having sent a notice of intention to pursue any deficiency after a foreclosure. This notice must be sent by registered mail at least XXXX days prior to the foreclosure. Also, the mortgagee must sign and swear to an affidavit of the mailing of the above notice within XXXX days after the foreclosure. 

XXXX has not presented me with a deficiency judgement on the debt they are attempting to collect. They have not provided evidence that a notice of intention was sent to me or that an affidavit was produced as described above even when these documents or proof were specifically requested by me in a dispute letter. 

2 ) In addition, MA law has a statute of limitation for attempting to collect a debt of deficiency from a foreclosure of XXXX years. This attempt to collect the debt is XXXX years past the expiration of the allowed timeframe. 

3 ) XXXX made reports to the major credit bureaus about this debt that now appear as negatiave reports on all my credit histories. These reports have negatively affected my credit score at a significant level. I consider this reporting to be fraud and defamation. They also ignored a direct request to retract their reports to credit bureaus until they can prove the validity of the debt. 

4 ) XXXX has " threatened '' foreclosure on the property attached to the XXXX mortgage. I do n't believe they can foreclose on a property that has already been sold in foreclosure. XXXX appears to have partial or incomplete information on this loan and its disposition. They never refer to the previous foreclosure or a deficiency after foreclosure. I no longer have any ownership or legal access to this property. I consider this to be fraud and making false statements in attempting to collect a debt. 

XXXX ) I have never received any notification that this loan had been sold and/or transferred to another bank/lender, OR that the loan had a new servicer. The documentation from Nationstar states that the loan is now held by " XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for XXXX Home Equity Loan Asset Backed Certificates, Series XXXX. '' At the time of foreclosure, the mortgagee was XXXX with Bank of America as servicer. I never heard anything from BofA or XXXX after the foreclosure was complete. However, I did receive communication and settlement funds from federal and state government as part of class action settlements with BofA for illegal foreclosure practices. 

6 ) The amount XXXX claims I owe and are trying to collect appears to be based on partial or incomplete information. The foreclosure that occurred back XX/XX/XXXX netted over {$35000.00} MORE than the balance on the XXXX mortgage. There is no mention of the funds from the auction of the property or of any funds being applied to the XXXX mortgage. XXXX claims that I owe the balance of the loan prior to foreclosure, about {$52000.00} PLUS an additional $ XXXX for interest and fees. Again, I would consider these amounts to be false statements, threats, and fraudulant.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief