Consumer complaint received 2025-10-17 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: CA

Complaint narrative:
I am filing this urgent complaint against The Bank of New York Mellon ( XXXX Mellon ) for failing to properly oversee my mortgage servicer, resulting in illegal foreclosure practices, deceptive communications, and violations of federal laws including RESPA ( 12 U.S.C. 2601 et seq. ), FDCPA ( 15 U.S.C. 1692 et seq. ), and UDAAP prohibitions under the Consumer Financial Protection Act ( 12 U.S.C. 5531 ). My property at [ Address ] faces an imminent foreclosure sale on XX/XX/XXXX, despite substantial equity ( ~ {$2.00} million value per recent appraisal vs. ~ {$1.00} million balance ) and my extraordinary payment history ( ~ {$1.00} million paid over 19 years ). XXXX Mellon, as trustee, bears ultimate responsibility for these abuses under respondeat superior and trust agreements. 
On XX/XX/XXXX, at approximately XXXX XXXX  PDT, I received a recorded call from a XXXX Mellon representative returning my voicemail. I was asleep and disoriented but engaged briefly. I referenced my prior CFPB complaint and explained that the CFPB directed me to XXXX  XXXX XXXXXXXX ( XXXX ) as master servicer. However, XXXX denied knowledge of my loan, stating they serviced it previously but no longer do. I requested XXXX Mellon postpone the XX/XX/XXXX sale to properly address my concerns. I highlighted documented issues, including : An email from XXXX XXXX and multiple instances where the servicer ( XXXX XXXX XXXX, under XXXX Mellon 's oversight ) claimed to be " reviewing a full package '' for loss mitigation, only to deny it within 6 days without explanation, appeal opportunity, or documentationviolating RESPA 's requirements for timely, complete responses ( 12 C.F.R. 1024.41 ) and prohibiting dual-tracking. 
Inaccurate reinstatement quotes with rapid escalations ( e.g., from XXXX to XX/XX/XXXX ), unapplied funds, and bankruptcy status discrepancies, suggesting servicing errors and potential overcharges under RESPA ( 12 C.F.R. 1024.35 ). 
Broken chain of title, including late assignments and potential robo-signing ( e.g., by XXXX XXXX XXXX XXXX which invalidates standing to foreclose under California law ( e.g., Glaski v. Bank of America , 218 Cal. App. 4th 1079 ) and Yvanova v. New Century Mortgage Corp. ( 62 Cal. 4th 919 ). 
Three prior loan modifications ( XXXX, XXXX, XXXX ) creating new contracts that supersede default claims, yet ignored in foreclosure proceedings. 
Ongoing loss mitigation efforts amid active foreclosure, constituting illegal dual-tracking. 

XXXX Mellon appears too large to effectively monitor its servicers, allowing these violations to persist. The representative expressed concern, stating she would inform a supervisor, but noted she is going on a two-week vacation starting tomorrowpotentially delaying resolution and exacerbating the harm with the sale date looming. This " XXXX vs. XXXX '' dynamic highlights XXXX Mellon 's failure to ensure compliance, risking my home despite my good-faith efforts. 
These actions constitute elder financial abuse ( as I am a senior borrower ) under California Penal Code 368 and federal protections, as well as UDAAP violations for unfair, deceptive practices. I have all communications in writing, including denials without appeal rights. 
What Happened Step-by-Step : Filed prior CFPB complaint ; directed to XXXX  as master servicer XXXX 
Contacted XXXX  ; they disclaimed current involvement. 
Received/returned XXXX Mellon call on XXXX XXXX, XXXX ; discussed issues and requested sale postponement. 
Representative acknowledged concerns but cited upcoming vacation, risking delays. 
Ongoing foreclosure despite unresolved violations

Company response to consumer: Closed with explanation