Consumer complaint received 2025-08-09 00:00:00
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Applying for a mortgage or refinancing an existing mortgage — Application denials
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY

Complaint narrative:
Consumer Financial Protection Bureau XXXX XXXX XXXX Bank of America, XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Property Address : XXXX XXXX XXXX, XXXX, VA XXXX Summary of Complaint : I am filing a complaint regarding the wrongful second-lien foreclosure by Bank of America , N.A . and XXXX XXXX XXXX as substitute trustee, which occurred despite my first mortgage being current and active. I had an active loan modification application and filed bankruptcy prior to the foreclosure, which should have halted any sale. 

The property was sold at auction for {$210000.00}, well below its market value of approximately {$1.00} XXXX. The buyer, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, failed to pay off or assume the first mortgage within the XXXX statutory deadline under Virginia law and did not notify the first lienholder of any payoff or assumption. 



Reference to Prior Complaint : Please also refer to my prior CFPB complainXXXX XXXX XXXX submitted on XX/XX/year>, concerning Bank of Americas XXXX XXXX XXXX XXXX In that complaint, Bank of America admitted to possessing all necessary paperwork to approve a forbearance plan, yet I was forced to file an emergency bankruptcy petition to stop a wrongful foreclosure. Despite my active modification application and no denial letter ever being sent to me, Bank of America proceeded with foreclosure on XX/XX/year>. 



Details of the Complaint : Unauthorized Foreclosure : Bank of America foreclosed on the HELOC ( second lien ) on XX/XX/year>, despite my loan modification being active and bankruptcy protections in place. 
Failure to Protect First Lien : The first mortgage ( Loan XXXX XXXXXXXX ) serviced by XXXX XXXXXXXX remained current and unsatisfied, yet no action was taken by any party to protect it after I informed them of the foreclosure. 
Errors in Substitute Trustees Deed : The Substitute Trustees Deed incorrectly states the sale was made subject to a prior HELOC rather than the senior primary mortgage lien. This material error misrepresents lien priority and clouds the validity of the sale. 
The deed also contains numerous spelling and typographical errors, including misspellings of deed, between, hereinafter, and the property location, raising serious doubts about the competence and qualification of the trustee to act in this fiduciary role. 
Clouded Title and Fraudulent Transfer : The new owners evicted me and my family under an invalid deed that did not acknowledge satisfaction of the primary lien, and made unauthorized payments impersonating me to the first lien servicer, constituting bank fraud. 
Attempted Sale with Clouded Title : The buyer is attempting to resell the property falsely representing it has a clean title. 
Improper Sale Price : The property was sold for far less than market value, suggesting the substitute trustee breached its fiduciary duties. 
Fraudulent Conduct by Buyer : XXXX XXXX XXXX and XXXX XXXX XXXX XXXX knowingly purchased the property subject to a senior XXXX they failed to satisfy or assume. They evicted me under a defective deed lacking satisfaction of the first lien. 
They further committed fraud by making unauthorized payments impersonating me to the first lien servicer to avoid default. 
Complacency and Possible Collusion : Bank of America, XXXX XXXX XXXX, and the buyer appeared to knowingly allow the defective sale and eviction to proceed without proper resolution of the senior lien, suggesting potential collusion or at least willful complacency enabling fraud and theft of equity. 
Actual Damages : I suffered eviction, loss of property and equity, emotional distress, and financial hardship due to these actions. 



Requested Relief : Investigate Bank of America, XXXX XXXX XXXX, and the buyers for violations of federal servicing, foreclosure, and consumer protection laws. 
Investigate the fraudulent conduct and unauthorized impersonation by the buyers. 
Examine possible collusion or willful negligence enabling the defective foreclosure and eviction. 
Take corrective action to restore my rights, clear title defects, and halt improper sales or evictions. 

Attachments : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX response to my complaint and a copy of XXXX title. 
XXXX payment by XXXX XXXX my name. 


Complainant Contact Information : XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXX, NY XXXX Email : 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