Consumer complaint received 2017-02-06
Product: Mortgage — Other mortgage
Issue: Loan modification,collection,foreclosure — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (CA)

Bank of America is forcing me to defend litigation due to an improper foreclosure sale. 
UNLAWFUL DETAINER AFFIRMATIVE DEFENCES Title at Issue : Questions of right to title and property possession in Unlawful Detainer ( UD ) or eviction judicial procedure following the sale of property in a foreclosure. 
Prior to the Notice of Sale XXXX XXXX XXXX recording and Trustee 's Sale, an Adverse Possession Declaration notice was published for XXXX consecutive weeks, conspicuously posted on the property. Plaintiffs should have known a claim to title would be at issue. 
Trustee stated foreclosure and sale conducted in accordance with applicable laws, but there is no way of knowing if the statement is true or false. Even if due diligence has been conducted by the bona fide purchasers ( BFPs ), without full account records, interviews with relevant parties, with a working and up to date knowledge of all applicable laws, regulations, guidelines and bank policies, there is simply no way to guarantee the foreclosure and sale is proper. 
Foreclosure sales at auction are conducted without recourse or warranty. Trustee 's Deed, XXXX Deed, and XXXX XXXX Deed do not convey title, ownership, or possession of real property when disputed. Only Deed, XXXX Deed, or XXXX Deed convey title, ownership, or possession based on a written document. The only other way to gain ownership and possession is through adverse possession. 
No Right to Rents : XXXX ( XXXX ) has first rights to rents under the terms of the XX/XX/XXXX XXXX XXXX Deed. The only XXXX Financing Statement and Assignment of Rents existing related to the subject real property is the XX/XX/XXXX XXXX XXXX Deed down payment assistance loan. There is no tenant/landlord relationship established or existing between the Plaintiffs and the Defendants. Therefore, the XXXX have no rights to rents. 
Law Violations : For the XXXX to determine who is the owner of record, the XXXX must first determine if the seller had the right to sell. It must be determined if the California Homeowners XXXX of Rights ( CalHBOR ) were complied with. 
Dual Tracking, required pre and post Notice of Default ( NOD ) outreach, and other violations of the XXXX, the National Mortgage Settlement ( NMS ) enforced by the XX/XX/XXXX Consent Judgement, and the Consumer Financial Protection Bureau ( CFPB ) Real Estate Settlement Procedures Act ( RESPA ) enforced by Regulation X, have occurred making any foreclosure processes improper. 
Time Barred Debt : No payments had under the terms of the XX/XX/XXXX Trust Deed since XX/XX/XXXX. Any debt associated with the XX/XX/XXXX Trust Deed is time barred in accordance with Fair Debt Collection Practices Act ( FDCPA ) and California law. The bank declared on XXXX XXXX, XXXX there is no principal balance associated with the account and, therefore, the XX/XX/XXXX Trust Deed prior to the sale and purchase date. The subject property was not used as collateral to secure the note or XXXX XXXX Deed, any defaulted debt can not be collected from the subject property. 
Title Not Conveyed : The XXXX down payment assistance loan extended to me and secured by the XX/XX/XXXX XXXX XXXX Deed has not been satisfied to date and must be paid in full as required upon sale or transfer of the subject real property. Until XXXX loan has been paid in full, foreclosure sale is incomplete and title cannnot be conveyed or considered transferred to another party. 
No XXXX XXXX of XXXX : Plaintiff 's Complaint has no cause of action before the XXXX to be decided. It is not the purview of a judicial XXXX to determine ownership through an eviction cause of action or UD hearing. Plaintiffs claim of right to title is clouded. No eviction or possession XXXX be had until all issues of rights to ttle have ben settled and all clouds removed. XXXX is held by me according to a Deed recorded with the XXXX XXXX XXXX XXXX XXXX, document XX/XX/XXXX-XXXX.