Consumer complaint received 2017-02-21
Product: Mortgage — Other mortgage
Issue: Loan modification,collection,foreclosure — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (CA)

BofA sold my home on XX/XX/XXXX for {$320000.00}. BofA and Trustee represented amount owed on the BofA XX/XX/XXXX Trust Deed of {$300000.00}. I 've not been paid the difference of amount owed and sold of {$11000.00}. Demand is made for immediate payment of {$11000.00} in accordance with applicable law. 
XXXX Requirements of adverse possession on mortgaged real property are as follows : a ) A claim of adverse possession of real property secured by a mortgage or Trust Deed may be had upon notifying the mortgagee or their representative when any violation of law during loss mitigation resulting from a request for RMA, and ; 1 ) The loss mitigation process has been pending beyond 90 days without a TPP in place in accordance with the MHA Act or other agreed upon workout assistance, or ; 2 ) Upon delinquency, where no Notice of Default has been recorded within 90 days. Prior to recording a NOD, the bank or servicer must certify, under the penalty of perjury in an affidavit or declaration to be included as part of the NOD, a new and complete review of the account records have been conducted to determine Dual Tracking violations have'nt occurred. Once this review has been completed, bank, servicer, trustee must maintain certification so as to be current, true, and correct up to and though date of recording of the NOD. If the bank or servicer ca n't determine if Dual Tracking violations have occurred or Dual Tracking violations have occurred, then no NOD may be caused to be recorded until a determination can be made to certify and declare Dual Tracking violations have n't occurred related to the account, borrower, and property. If it 's determined Dual Tracking violations have occurred, steps must be taken to resolve dual tracking conflicts without penalty or detriment to the borrower whatsoever. Prior to recording a NTS the Trustee must include within the NTS a declaratory statement in accordance with California law that Dual Tracking has n't occurred. If such certification ca n't be made, then no NTS may be caused to be recorded. 
All previously mentioned resolutions for the injury and harm caused are desired and mandatory, including all statutory, exemplary, and punitive damages plus an addtional ten percent and an immediate reimbursement of all amounts applied and assessed to this mortgage account at a compounded daily interest rate of ten percent via cashier 's check not drawn on BofA or any of their affiates, or on a bank that does not conduct business within the state of California. Not only must BofA pay me back, to include mesne profits ( sold at auction amount, mortgage values to include both principal and interest, and rents ), BofA must also repay the tax payers all amounts associated with this account. This includes, but is not limited to, TARP, MHA, HHF funds since XX/XX/XXXX. 
Damages are calculated as follows*/**/*** : STATUTORY : {$50000.00} for every household member, mesne profits, plus Median Property Value ( MPV ) and all amounts ever assessed on or associated with the real property and home loan mortgage account, personal property of at least {$300000.00} or actual value, whichever is greater, and all litigation costs. Household pets and livestock are an additional {$50000.00} each, plus ; EXEMPLARY : Payment of all property taxes and insurances for a minimum of fifty ( 50 ) years and three ( 3 ) times statutory damages, plus ; PUNITIVE : The statutory and exemplary damages for each instance of every cause of action listed, plus an additional 10 % of the total monetary damages ( statutory, exemplary, and punitive ). *Death claims are an additional trebling of calculated total damages for each instance. **Seniors and XXXX persons are entitled to any additional damages allowed by law for each eligible household member. ***Next of kin may bring a private right of action provided they have full knowledge of the matter and next of kin status can be proven.