Consumer complaint received 2024-08-19
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (CA)

The loan originated in XX/XX/XXXX. It was a XX/XX/XXXX mortgage with Countrywide and Full Spectrum home loans aka " Piggy- back loans ''. The loan was later transferred to Bank of America and subsequently Real time Resolution, XXXX XXXX XXXX XXXX perhaps in XXXX? Due to the complex nature of theses transfers ; to include the XXXX Attorney General XXXX filing a {$8.00} XXXXXXXX XXXX  lawsuit settlement against Countrywide XXXX Scandal predatory lending practices Loan modifications were enforced by Attorney General XXXX to erase penalties, fees and balloon payments and other predatory practices.The Making Home Affordable ( XXXX ) launched in XX/XX/XXXX, to provide additional assistance to struggling homeowners affected by predatory lending practices. You see, home Loans prior to Bank of America acquisition in XX/XX/XXXX, deceived borrowers by misrepresenting loan terms, and disallowing borrowers ability to pay. The lawsuit claimed loan servicing also charged homeowners who were behind on their mortgages with inflated fees and penalties ( oag.ca.gov, XXXX ) .The settlement included loan modifications who were 60 days or more behind. Due to the above, I felt I was not a part though struggling to make ends meet. I was unaware of my debt status as many transfer of loans took place I did not receive regular bank statements of the second position loan.In fact, Bank of America notified me of the transfer to XXXX XXXX XXXX after a year later. I have not received correspondence from bank of America as they no longer acquired the mortgage effective XXXX. I am a regular account holder of Bank of America for over XXXX plus years. In XXXX, XXXX I received a chapter XXXX discharge. 
In XXXX, I received letter from XXXX XXXX XXXX ( XXXX ) stating " if you received a bankruptcy discharge this letter is for informational purposes only '' ( XX/XX/XXXX ). 
In XX/XX/XXXX, I received a Notice of Default place on several areas of my home. I was ashamed and confused.When I contacted XXXX in XXXX, I was advised to pay a lump sum fee of {$20000.00} plus penalties and interest. I asked why they had not contacted me prior, and was told because I had a XXXX XXXX bankruptcy discharged this does not apply. Meanwhile, the lien in XXXX was placed on my home and in my name at XXXX XXXX recorders office for all to see. I received phone calls and door knocking all hours of the day and night. My mailbox was filled with negative responses regarding the foreclosure sale or quick sale to investors.RTR response was " We are only interested in your home '' .I immediately sought legal advice. XXXX refused to work with me. In XXXX a Notice of Sale was placed. The original loan amount of {$75000.00} has now exceeded to over XXXX XXXX ( {$200000.00} ) XXXX dollars which includes foreclosure inspections, late fees penalty costs and other unknowns. 
The attorneys advised me to seek additional legal counsel.When asked for verification of debt from XXXX, I received a summary of foreclosure cost, appraisals costs and " Investor '' loan purchase dated on XX/XX/XXXX. To this date, I have not received monthly bank statements. 
In XX/XX/XXXX, I began to investigate what exactly is going on. I visited the local county recorders office. This is what was discovered... 
To my surprise, on XX/XX/XXXX Countrywide home loans holder of the deed whose address is the same as Bank of America located at XXXX XXXX XXXX, XXXX Florida XXXX assigned Trust unto XXXX XXXX XXXX XXXXThere are so many gaps from XXXX to XXXX and irregularities in how the loan was processed or transferred after XXXX XXXX. I do not receive statements from Bank of America, XXXX XXXX ( XXXX ) nor any entity involved to include new XXXX holder of XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX  XXXX. 
It Transparent XXXX XXXX XXXX XXXX  XXXX ), is trying to bi-pass the Attorney Generals Ruling of XXXX by forcing the XXXX original balloon loan along with fees, interests and penalties which is equivalent to XXXX predatory practice ruling. Country wide obligation was to modify those predatory sub-prime loans.This is a continuation of the original predatory practices and should include a statutes of limitations reset.XXXX  is violating the terms. The original terms should not be enforceable due to Countrywide home loan recognized predatory practices..The fact that my primary lender acknowledges the XXXX XXXX in XXXX and has made payment arrangements following the legal requirements post-discharge and sending monthly statements.XXXX  has contested and still contesting the XXXX XXXX which was filed in XX/XX/XXXX. XXXX is trying to enforce the original loan terms and claim that I still owe on a personal liability basis. XXXX is acting above -the-law.This is unethical and a global disgrace. 
Director Rohit Chopra has recently acknowledged cases similar. He stated '' Some debt collectors, who sat silent for a decade, are now pursuing homeowners on zombie mortgages inflated with interest and fees ''. " We are making clear that threatening to sue to collect on expired zombie mortgage debt is illegal '' ( XXXX XXXX ). 
To date, XXXX has hopefully postponed the XX/XX/XXXX Notice of Sale which is set at the XXXX XXXX court house in the next 48 hours. The Next meeting with the Bankruptcy court Judge ruling is set on XXXX XXXX.