Consumer complaint received 2022-08-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IN
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
In violation of the Fair Debt Collection Practices Act, Attorney XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX filed the attached Notice of Sheriff Sale XX/XX/2022, and caused the same to be served on my wife and I, who hold a deed to the property with stating the Judgment to be satisfied, in violation of the FDCPA. Upon receiving notice of the sheriff 's sale, I immediately contacted XXXX, XXXX XXXX, XXXX and spoke to an employee that identified herself as : XXXX. I explained the Notice of Sheriff Sale did not list the Judgment to be satisfied. She stated she would have that amount emailed to me that day or at the latest the next day, Friday XX/XX/2022. It was never emailed. This violates the FDCPA. Further, for years the mortgage holder servicer ; XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX and the mortgage holder : XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXXXXXX XXXX XXXX XXXX XXXX  AS TRUSTEEE FOR XXXX XXXX XXXX, ASSET-BACKED CERTIFICATE, SERIES XXXX, has repeatedly failed to comply with federal after we have received written authorization from their client and he also gave verbal authorization to the servicer who gave us a quit claim deed to stand in his shoes to pay off his mortgage so we can clear the stain on the title. 15 U.S. Code 1639g, states : - Requests for payoff amounts of home loan. A creditor or servicer of a home loan shall send an accurate payoff balance within a reasonable time, but in no case more than 7 business days, after the receipt of a written request for such balance from or on behalf of the borrower. In fact the attorneys for the XXXX XXXX XXXX XXXX and its servicer, XXXX, Attorney XXXX XXXX, Attorney XXXX XXXX and Attorney XXXX XXXX, have mislead courts on a material factual matter, to wit : they in fact had the required authorization to provide a payoff letter, whether for use in an assumption or for the Plaintiff to get an outside loan, and made a material misstatement of fact that they could not provide a pay off letter. This violates federal law as shown above. The Property secures a mortgage loan ( the Loan ) serviced by Bank of America , N.A . ( the Master Servicer ) held in XXXX, Asset-Backed Certificates, Series XXXX ( the Trust ). XXXX XXXX acts as the trustee for the Trust but does not service or have the authority to service the Loan. The Master Servicer is the party who is required to service the Loan, which includes, among other things, determining whether to foreclose on or responding to Consumers concerns related to, the Loan. The Master Servicer has advised that any questions concerning its servicing decisions related to the Mortgage Loan be addressed to XXXX and that any written communications be addressed to its Office of the CEO and President, XXXX XXXX XXXX XXXX, XXXX, NC XXXX. The Master Servicer is the appropriate responsible party to respond.

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