Consumer complaint received 2025-04-03 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY

Complaint narrative:
**LEGAL FINDINGS AND FACT SUMMARY** **RE : Unlawful Loan Laundering and Securitization Fraud Involving XXXX XXXX XXXX XXXX XXXX XXXX XXXX Asset-Backed Securities Trusts, and Related Parties** **I. INTRODUCTION** These findings establish irrefutable evidence of fraudulent and unlawful mortgage securitization practices, asset laundering, and double-pledging of trust assets orchestrated by XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX, XXXX XXXX XXXX  XXXX XXXX XXXX Bank of America , N.A. , and XXXX, resulting in violations of federal and state laws, including securities fraud, bank fraud, and racketeering. 

**II. XXXX XXXX IDENTIFICATION** 1. **Loan # XXXX - **Borrower : ** XXXX XXXX - XXXXProperty : ** XXXX XXXX  XXXX XXXX, XXXX, NJ XXXX XXXX **Original Loan Amount : ** \ {$420000.00} - **Lender : ** XXXX XXXX - **Servicer : ** XXXX XXXX XXXX, XXXX. 
- **Trust : ** XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) - **Trust Closing Date : ** XX/XX/XXXX - **Mortgage Filed : ** XX/XX/XXXX, XXXX XXXX Records 2. **Loan # XXXX - **Originator : ** XXXX  XXXX XXXX, XXXX. 
- **Trust Claims : ** XXXX Asset-Backed XXXX XXXX XXXX, XXXX, and XXXX - **Status : ** Found listed in XXXX XXXX deal documents before origination ; ultimately included in XXXX XXXX final pool ; clear evidence of pre-securitization and unlawful asset laundering. 

3. **Loan # XXXX - **Fabricated Loan Account Number : ** Created by Bank of America , N.A . and XXXX XXXX XXXX, XXXX, in collusion with XXXX, to conceal prior securitization failures and launder trust assets. 
- **Purpose : ** Used to fabricate a false paper trail, misrepresenting that Loan # XXXX was not securitized and creating the appearance of an internal file without trust entanglement. 
- **Status : ** No valid recorded mortgage or assignment of record ; an internal XXXX XXXX account number used as part of a fraudulent concealment scheme. 

**III. FINDINGS OF FRAUDULENT CONDUCT** 1. **Inclusion of Loan # XXXX in XXXX XXXX- The XXXX XXXX Affidavit ( signed under penalty of perjury ) confirms that Loan # XXXX was sold into XXXX XXXX XXXX XXXX  XXXX for value prior to its trust closing date. 
- XXXX XXXX Offering Circular Supplement and trust disclosures confirm the inclusion of this loan based on origination date, amount, and underwriting characteristics. 
- XXXX XXXX XXXX, XXXX, as servicer, subsequently initiated foreclosure and obtained assignment of the mortgage, repurchasing the loan from the trust following default and processing an FHA insurance claim. 

2. **Illegal Loan Laundering Scheme - Loan # XXXX **XXXX  XXXX ( Series XXXX ) : ** - No evidence of Loan # XXXX in any SEC filings or final pool documents. Trust established in early XXXX prior to loan origination. 

**XXXX  XXXX ( Series XXXX ) : ** - Loan # XXXX was listed in preliminary collateral disclosures prior to its XX/XX/XXXX origination. 
- Appears in early XXXX free writing prospectus but not included in final pool as of XX/XX/XXXX due to non-availability by cutoff date. 

**XXXX  XXXX ( Series XXXX ) : ** - Loan # XXXX was added to the trust 's collateral during the Funding Period. 
- Transferred via Subsequent Transfer Agreement dated XX/XX/XXXX, after its XX/XX/XXXX origination. 

This demonstrates that XXXX  intended to securitize Loan # XXXX prior to origination, initially reserving it for XXXX  XXXX and ultimately laundering the asset into XXXX  XXXX after origination. 

3. **Fabrication of Loan # XXXX by Bank of America XXXX XXXX XXXX XXXX and XXXX - After discovering securitization failures, XXXX XXXX XXXX  XXXX XXXX. and Bank of America, N.A., in conjunction with XXXX, fabricated Loan # XXXX as an internal account number. 
- This loan number was created to falsely represent that Loan # XXXX was an internal, unsecuritized file when in fact it had already been sold to XXXX XXXX XXXX XXXX XXXX. 
- The fabricated account number was used to initiate foreclosure proceedings and conceal the loan 's trust asset status, violating state and federal laws. 

4. XXXX XXXX XXXX  XXXX XXXX XXXX Complicity** - XXXX XXXX XXXX  XXXX XXXX XXXX falsely claimed " XXXX '' ( Person Entitled to Enforce ) status over Loan # XXXX, despite irrefutable evidence that the loan was sold into XXXX  XXXX. 
- XXXX XXXX 's assignment of mortgage recorded XX/XX/XXXX was void, as the loan was a trust asset of XXXX  XXXX, and no lawful assignment could occur absent a repurchase. 

5. **Violation of UCC and State Recording Laws** - The indorsement chain fails to comply with N.J.S.A. 12A:3-301, 12A:3-302, and 12A:3-305, as neither XXXX XXXX nor XXXX could legally enforce the obligation. 
- The recorded assignment and foreclosure actions were in violation of N.J.S.A. 46:26A-6 and N.J.S.A. 46:26A-12, as the mortgage assignment was legally defective and void ab initio . 

6. **Investor and Government Defrauding** - By unlawfully securitizing, re-originating, double-pledging, and fabricating internal account numbers for the same debt instruments, XXXX, XXXX  XXXX XXXX XXXX XXXX XXXX Bank of America , and XXXX defrauded private XXXX  investors ( XXXX  XXXX ) and the U.S. Government ( XXXX XXXX and FHA insurance program ). 

**IV. LEGAL IMPLICATIONS** The above findings establish violations of : - Securities Fraud ( Securities Act of XXXX, Securities Exchange Act of XXXX ) - Bank Fraud ( 18 U.S.C . 1344 ) - Wire Fraud ( 18 U.S.C. 1343 ) - False Claims Act ( 31 U.S.C. 3729 et seq. ) - RICO Act ( 18 U.S.C. 1961 et seq. ) - New Jersey State Laws governing real property and UCC Article 3 enforcement **V. CONCLUSION** These findings will be incorporated into forthcoming litigation, regulatory complaints, and settlement demands against XXXX XXXX XXXX  XXXX XXXX, Bank of AmericaXXXX XXXX XXXX XXXX XXXX XXXX  XXXX and related parties. The fraudulent securitization scheme and unlawful laundering of trust assets caused financial harm to the Estate of XXXX XXXX, XXXX, investors, and the federal government. 

All parties involved will be provided formal notice, and immediate equitable and monetary relief will be pursued, including treble damages under RICO and civil penalties under the False Claims Act.

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