Consumer complaint received 2021-06-27
Product: Debt collection — Mortgage debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: BANK OF AMERICA, NATIONAL ASSOCIATION

Complaint:
Yes I received explanation from XXXX counsel and the facts presented were different from the dealings. Below are my explanation of what transpired that was not discussed or intentionally misrepresented. 
My response to XXXX XXXX, XXXX XXXX : XXXX simply dont want to stay with the true story relating to equity line of credit of {$25000.00} I obtained and secured by XXXX XXXX XXXX XXXX not open-end mortgage loan. I was approved for HELOC loan with a limit of {$68000.00}. Unfortunately, XXXX dubiously recorded the full approved line of credit as a lien against the property instead of {$25000.00} I was allowed to drawn from the account. On XXXX XXXX improperly assigned the notes to XXXX XXXX with the loan amount of {$68000.00} secured by the property. The most disturbing was the concealment of the material facts as the XXXX counsel response failed to mention the chapter XXXX bankruptcy I filed in XX/XX/XXXX. On XX/XX/XXXX, the HELOC loan was transferred to XXXX XXXX and assigned to XXXX XXXX simultaneously. I have no knowledge about the exhibit D document presented by the counsel. XXXX XXXX and XXXX shares the same business center in Delaware and they connived to attempt to dubiously take my property at all cost. Shortly after, without any foreclosure notification. XXXX XXXX file mortgage foreclosure action in XXXX. On the day, I received the complaint when bankruptcy was still active, I immediately prepared my response to the complaints. On the last day I was supposed to file my response a default judgment was entered for about {$43000.00} covering all legal fees, interest, escrow account and penalties. XXXX XXXX and the attorney immediately filed petition for sheriffs sale but couldnt effect the sale because my bankruptcy action was still active. I started my negotiations with XXXXXXXX XXXX to resolve the payment of the judgment. Suddenly and unexpectedly, XXXX XXXX XXXX XXXX XXXX began to communicate with me to request for mortgage payments from XXXX including all the amount that was previously calculated XXXX XXXX to get judgment through the same Attorney presently representing XXXX XXXX XXXX and XXXX XXXX. Consequently, XXXX XXXX XXXX and XXXX XXXX started creating another fictitious accounts, legal fees, foreclosure fees, inspection fees, penalties of all kinds to the extent the payoff balance currently stands as {$66000.00}. In other to hide the truth XXXX XXXX desperately held back every information I requested that would help me avoid the sheriffs sales the attorney manipulated to take on XX/XX/XXXX and no further extension would allowed by the order of the court. In actuality the sheriffs sales was obtained by XXXX XXXX for XXXX XXXX of about {$43000.00} as docketed. 
As a real estate broker of over 20 years experience, I havent witnessed any transaction of this type before now. I look forward to here your response to this concern. 
As for the second property located at XXXX XXXX XXXX XXXX. You addressed it appropriately as long as it on record the way you described it. 
Please help to obtain justice of the case of property referenced above as XXXX XXXX XXXX XXXX which I recently spent {$35000.00} to update so that I can move in as my primary residence. I hope you can stop XXXX and XXXX XXXX XXXX XXXX not to steal my property for the sake of justice and fairness. 
HISTORY : PROPERTY XXXX XXXX XXXX XXXX XXXX XXXX reply addressing your response to the complaint filed about XXXX XXXX XXXX street-Owned by XXXX XXXX XXXX and XXXX XXXX was granted POA to manage the property and XXXX have full knowledge of the facts. 
First, I want to mention that it is very disheartening for you not to be informed by XXXX about the foreclosure action filed by XXXX. Many hearings was heard at the common pleas court of Pennsylvania before judgment was entered against XXXX XXXX XXXX. XXXX filed a motion for reconsideration and waited but all to no avail. Until recently, we received correspondence from unknown entity about the property seeking to purchase it. By research, we noticed that the property was sold in sheriffs sale. XXXX XXXX XXXX and myself had no knowledge of events XXXX attorney mentioned on his response. The only event we recollected was when XXXX XXXX XXXX XXXX XXXX became the servicer and they obtained foreclosure judgment. The judgment was not enforced before XXXX XXXX filed a motion for reconsideration. Thats the only events we have knowledge of. All other events that took place by assignment of mortgage fraudulently to FHA entity to collect the judgment amount, scheduling for sheriffs sale and other activities that took place were done without our knowledge. XXXX offered XXXX XXXX XXXX no opportunity to redeem her primary residence property after the foreclosure judgment was entered nor wait to hear decisions on the motion for reconsideration we filed. 
In the same way, I must state that as a real estate broker in business for over 20 years. I havent witnessed any similar transaction of this type before. I hope justice will prevail at last after confirming the facts stated herein. 
Sincerely yours, XXXX XXXX

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