Consumer complaint received 2024-04-16
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Lien release
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (AL)

Tue, XXXX XXXX at XXXX XXXX  A wrongful foreclosure has occurred. My property is address XXXX XXXX XXXX XXXX, XXXX  XXXX. You are listed in conjunction with wrong doings listed below. I request a full servicing file with any other information you have on my property. 

Multiple laws have been broken, Alabama law Section 35-10-14, ( a ) The sale was not at main court house. I was there entire day, I have video, photo, telephone records, to back my claim. 

( b ) XX/XX/XXXX, I was dropped off by my friend, XXXX XXXX before XXXX XXXXXXXX and picked up by my daughter XXXX XXXX, and her husband XXXX XXXX at XXXX XXXX, I have proof. All will testify to this fact. 

( c ) The sale of my home was not held on XX/XX/XXXX, prior to this date XXXX stated a bid of {$79000.00} on their website. 

( d ) The sale of my home never changed hands. 

( e } I should have been afforded the right to bid and purchase along with the general public. 

Multiple RESPA / TILA violations have occurred in respect to disclosures, servicing, accounting refusing payments, escrow, pay-off, fees, insurance, throughout the history of loan see previous filing, also have records at The Alabama Attorney Generals office. 

I call into question, validity of loan, and the right to those whom foreclosed. 

According to 18 USC 152.157 and 3571, a person that files a false claim could be fined up to {$500000.00} imprisoned up to 5 years or both, which has occurred see attachments. 

According to XXXX XXXX Bankruptcy filings XXXX, XXXX, and XXXX, all in the Southern District, Mobile XXXX AL. According to Land Records recorded and filed in XXXX XXXX XXXX, according to Instrument # XXXX BOOK # XXXX PAGE # XXXX AFFIDAVIT OF ERRONEOUS ASSIGNMENT OF MORTGAGE recorded XX/XX/XXXX states, Instrument # XXXX, in BOOK # XXXX, PAGE # XXXX. 

Instrument # XXXX, BOOK # XXXX Page # XXXX, was used in case XXXX, Claim XXXX, Part XXXX, Filed XX/XX/XXXX, XXXX MORTGAGE Instrument # XXXX, BOOK # XXXX Page # XXXX, was used in case # XXXX Claim XXXX XX/XX/XXXX, XXXX XXXX DOCUMENT, by XXXX XXXX, XXXX XXXX by XXXX XXXX, XXXX Bankruptcy, after filing it was ERRONEOUS documentation in XXXX. 

Instrument # XXXX, BOOK # XXXX Page # XXXX, was used in case # XXXX as exhibit XXXX multiple times XXXX XXXX XXXX XXXX XXXX Vice President of Bankruptcy, XXXX XXXX XXXX and XXXX XXXX XXXX, with a loan transaction dated XX/XX/XXXX. 

The listing of creditors within last XXXX bankruptcies XXXX, XXXX, show the XXXX Mortgage 20 %, securing deed and title of home, the % XXXX creditors would split up claims, Bank Of America, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. 

In the first bankruptcy, 80 % securing deed and title BAC, LP, 20 % BAC, XXXX transfered, to XXXX XXXX XXXX 

XXXX Both of my loans originated in XXXX, my 80 % Countrywide/ XXXX XXXX XXXX XXXX XXXX was Inactive as of XXXX, XXXX XXXX Probate original Instrument # XXXX Book XXXX Page XXXX Deed Instrument # XXXX Book XXXX Page XXXX, Title XXXX REAL EXHIBIT " A '' MIN : XXXX, now Inactive in XXXX reflected active XXXX XXXX XXXX XXXX XXXX My home was wrongfully foreclosed on , according. 

Original Loan # XXXX to XXXX & XXXX Country Wide, Bank of America XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX In the Matter of : XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number # XXXX R.E.S.P.A. QUALIFIED WRITTEN REQUEST Dear Sir or Madam : Please treat this letter as a qualified written request under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( e ). 

Specifically, we are disputing a ) the identity of a true secured lender/creditor, and b ) the existence of debt, and c ) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor. 

Pursuant to Subtitle E Mortgage Servicing of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant t

o 12 U.S.C. Section 2605 ( e ) ( 1 ) ( A ) and Reg. X Section 3500.21 ( e ) ( 1 ), please provide : 1. A full, double sided, certified true and accurate copy of the original promissory note and security instrument and all assignments of the security instrument.

2. Full name, address and telephone number of the actual entity that funded the transaction.
3. Fu
ll name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates. 
( Note : If the note number is being traded in a XXXX XXXX XXXX or XXXX XXXX XXXX, please provide all information to identify the Trust ( i.e. XXXX XXXX  XXXX XXXX, CUSIP Number, XXXX or XXXX XXXX XXXX and Trust Class/Tranche ). 

4. Full name, address, and telephone number of the Trustee.

5. Full name, address, and telephone number of the Custodian of my original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act. 

6. Full name, address, and telephone number of the Custodian of my original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act.

7. A physical location ( address ) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents.

8. Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account.

9. The electronic MERS number assigned to this account if this is a MERS Designated Account.

10. Proof of true sale of the note from alleged Lender to investors, by showing : Wire transfer document ( s ), and/or Signed purchase and sale agreement ( s ), Bank statements or similar documentation.

11. The MERS Milestone Report, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer in ownership and alleged transfer in security interest.

12. A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts ( i.e. principal, interest, suspense, escrow, etc. ) payments were applied.

13. A complete and itemized statement of all advances or charges against this account.

14. A complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter.

15. Have you purchased and charged to the account any Force-Placed Insurance?

16. A complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company to you or a related company, the amount of commission you received for each force-placed insurance event, and an itemized statement of any other expenses related thereto.

17. A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account.

18. A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan.

19. A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account.

20. Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof.

21. Complete copy of any transaction report ( s ) indicating any charges for any " add on products '' sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter.

22. Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter.

23. Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter.

24. Complete, itemized statement of the current amount needed to pay-off the alleged loan in full.

25. Verification of any notification provided to me of a change in servicer.

You should be advised that within FIVE ( 5 ) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY ( 30 ) DAYS to fully respond as per the time frame mandated by Congress, in Subtitle E Mortgage Servicing of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605 ( e ) ( 1 ) ( A ) and Reg. X Section 3500.21 ( e ) ( 1 ).

TRUTH IN-LENDING ACT 131 ( f ) ( 2 ) Pursuant to 15 U.S.C. 1641 ( f ) : Please provide the name, address and telephone number of the owner ( s ) of the mortgage and the master servicer of the mortgage.

You should be advised that Violations of this Section provide for statutory damages of up to {$4000.00} and reasonable legal fees. The amendments also clearly provide that the new notice rules are enforceable by private right of action. 15 USC 1641 Sincerely, XXXX XXXX XXXX XXXXXXXX