Consumer complaint received 2015-03-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I purchased my home in XXXX. The financier is no longer in business. XXXX XXXX was the servicer. I was XXXX retired in XXXX and refinanced with Countrywide toward the end of XXXX because of financial difficulties. XXXX of XXXX Bank of America coaxed me into refi-ing with them due to low interest rates. In XXXX I faced a financial hardship due to a relationship ending. I was told I would n't qualify for a modification until I was 4 to 6 months behind on my mortgage payments. Once I was finally accepted into a trial period I discovered my mortgage was not valid as it had been separated from the promissory note in order for BOA to securitize and sell it as well as capitalizing on the promissory note by selling and or securitizing to sell once or many times over. My mortgage is a VA backed mortgage and XXXX XXXX was the holder or trustee of the mortgage note security. XXXX XXXX most likely held the promissory note as well. Being that XXXX XXXX is government run I have no way to get and or trace any promissory note securitizing information and can not get the mortgage security tracking information as well. I asked the bank to provide this info but have not received it. When I asked for and tried to get back the money/interest the bank made off of my signature on the promissory note, I was denied and not provided with any ability to appeal and now the 3 year statute of limitations has passed and the bank has claimed my money and interest money made from the promissory note as abandoned to claim it for themselves. Incidentally or additionally BOA owes me interest and money on all transactions that I made through BOA via checks written, credit card use and debt card use ( except for withdrawing money ) before 3 years from now as they were all securities I created with my signature and the bank did n't disclose this to me or pay me. 
They filed an assignment of mortgage through MERS to my county ( XXXX XXXX, FL ) public records that has been verified robo signed, fraudulent and was filed after sanctions, regulations, judgments and laws expressly disallowed this type of mortgage assignment. 
I feel BOA should be required to reimburse or pay me at least 30 % of the profits made from my promissory note, mortgage note regardless of the statute of limitations. They made money from my signature without disclosing it to me and not sharing any of the profit ... time to pay up. 
The loan modification papers would have stripped me of most if not all rights, consumer rights and home owner rights. 
They are currently trying to get me to accept a new loan modification. The wording is vague and does not state exactly and explicitly that I am or will qualify for a permanent modification and what the new mortgage amount will be as well as monthly amount due. It will be worded again to strip me of all my rights despite having an attorney and the court overseeing it. I feel or allege that BOA will wait a few months after the permanent mod and inform me that I no longer qualify for the mod and they are foreclosing but I wo n't have any legal recourse because of the signed mod contract. My refi was done XXXX XXXX and thus does n't qualify for any of the settlement modifications so I know it will be canceled. 
Also note that the refi date was after the bank bail out and sanctions, regulations and laws were put into place that should have prevented them from separating the notes and making significant amounts of money off of me and my notes without my knowledge. 
I understand that BOA was not held accountable or liable for their practices because of all who were involved and that it is unfair to make the courts deal with these issues and the courts are forced to decide whose toes they have to step on ... which is usually the home owner as they do n't have the money and power the bank does. That does n't make it right for BOA to act above the law or allowed to.

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