Consumer complaint received 2025-08-29 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
I am filing this URGENT complaint against Bank of America as Master Servicer for mortgage loan # XXXX on my primary residence at XXXX XXXX XXXX XXXX, XXXX, CA XXXX. Bank of America has orchestrated and authorized an ILLEGAL foreclosure sale for XX/XX/XXXX, while engaging in a calculated pattern of COMPLETE SILENCE in response to debt validation demands, cease and desist letters, and prior CFPB complaints. This predatory conduct represents systematic elder abuse against XXXX vulnerable homeowners, willful violations of the FDCPA ( 15 U.S.C. 1692g ), RESPA ( 12 U.S.C. 2605 ; 12 C.F.R. 1024.35-41 ), and CFPB servicing rules, demonstrating Bank of America 's ongoing disregard for federal oversight. 

CRITICAL VIOLATIONS : 1. COMPLETE FDCPA DEBT VALIDATION FAILURE ( 15 U.S.C. 1692g ) As Master Servicer with ultimate oversight and responsibility for servicing compliance under RESPA and CFPB regulations ( 12 C.F.R. 1024.38 ), Bank of America received comprehensive debt validation demands on multiple dates challenging : - Amount owed and calculation methodology - Chain of title and assignment documentation - Original creditor and current note holder identity - Authority to collect and foreclose - Payment history and accounting accuracy - Master servicer delegation and oversight documentation Bank of America provided ZERO RESPONSE to these demands, flagrantly violating FDCPA 1692g ( b ), which mandates cessation of all collection activities including foreclosure until full validation is provided. Their willful silence while authorizing the sale constitutes predatory debt collection and exposes them to statutory damages, attorney 's fees, and CFPB enforcement action. 

2. MASTER SERVICER OVERSIGHT ABDICATION AND RESPA ERROR RESOLUTION FAILURES ( 12 C.F.R. 1024.35-38 ) As Master Servicer owning the servicing rights and overseeing subservicers like Shellpoint ( 12 C.F.R. 1024.2 ), Bank of America has federal obligations to : - Ensure subservicer compliance with all federal laws - Respond to notices of error and qualified written requests - Maintain reasonable policies for borrower disputes - Monitor and correct servicing errors- Provide proper oversight and accountability Bank of America has COMPLETELY ABDICATED these duties, allowing systematic violations by Shellpoint while refusing to acknowledge or correct errors in identity, chain of title, and dual tracking. This violates RESPA error resolution requirements ( 12 C.F.R. 1024.35 ), entitling me to damages up to {$2000.00} per violation plus actual harm. 

3. WILLFUL DUAL TRACKING VIOLATIONS ( RESPA 12 C.F.R. 1024.41 ) As Master Servicer, Bank of America authorized and coordinated dual tracking violations where : - Loss mitigation applications were pending ( confirmed by XXXX XXXXXXXX XXXX email ) - Foreclosure proceedings continued simultaneously, culminating in the XX/XX/XXXX sale - No halt orders issued despite pending modifications - Systematic orchestration of prohibited dual tracking, ignoring CFPB guidelines against advancing foreclosure during active reviews This directly breaches RESPA 1024.41 ( f ) - ( g ), which prohibits dual tracking and requires evaluation of alternatives before sale. Such violations have led to CFPB injunctions and penalties in similar cases. 

4. ELDER ABUSE THROUGH SYSTEMATIC SILENCE AND PREDATORY TARGETING Bank of America 's complete non-response to XXXX borrowers facing foreclosure constitutes financial elder abuse under California law, where taking property through undue influence or fraud from elders ( XXXX ) triggers enhanced remedies like treble damages and attorney 's fees ( W & I Code 15657.5 ). Their pattern includes : - Zero response to cease and desist demands sent via certified mail - Complete silence to previous CFPB complaints - No acknowledgment of validation requests with proof of service - Authorizing foreclosure against elderly borrowers without any communication - Predatory targeting exploiting vulnerable seniors This predatory silence exploits vulnerable seniors, violating federal consumer protections and warranting criminal referral under elder abuse statutes. 

5. IDENTITY FRAUD AUTHORIZATION As Master Servicer, Bank of America authorized foreclosure against " XXXX XXXX '' and " XXXX XXXX '' despite having access to our correct identities XXXX XXXX XXXX and XXXX XXXX ( court-ordered name change XXXX ). This systematic identity fraud violates : - FDCPA 1692e ( false representations ) - Elder abuse statutes ( W & I Code 15610.30 ) - Federal banking regulations against deceptive practices 6. CHAIN OF TITLE AND STANDING FAILURES Bank of America failed to provide Master Servicer documentation showing : - Proper delegation of foreclosure authority - Chain of assignments and note custody - Standing to authorize foreclosure proceedings - Master servicer agreement terms and limitations Without this documentation, the entire foreclosure is void under California law ( XXXX XXXX Bank of America ( XXXX ) XXXX XXXX XXXX ; XXXX XXXX XXXX XXXXXXXX XXXX ( XXXX ) XXXX XXXX XXXX ). 

7. CFPB COMPLAINT EVASION AND PATTERN OF REGULATORY MISCONDUCT Bank of America 's complete silence in response to previous CFPB complaints demonstrates systematic regulatory evasion designed to avoid federal oversight while continuing harmful practices. This is consistent with their history of CFPB penalties for mortgage servicing violations and demonstrates a pattern of non-compliance with federal consumer protection requirements. 

PATTERN OF SYSTEMATIC ABUSE : Bank of America 's non-response strategy represents calculated predation designed to evade accountability while causing maximum harm to elderly homeowners. By maintaining absolute silence while authorizing foreclosure, they attempt to avoid federal oversight while systematically abusing vulnerable consumers. 

IMMEDIATE HARM AND IRREPARABLE INJURY : - Imminent loss of {>= $1,000,000} primary residence in days - Elderly borrowers ( XXXX XXXX XXXX ) facing immediate homelessness - Severe emotional distress and health impacts from systematic silence and abuse - Financial devastation from defending against coordinated predatory practices - Violation of fundamental due process and communication rights- Elder abuse through predatory non-communication tactics designed to exploit vulnerability SUPPORTING DOCUMENTATION ATTACHED : - Cease and desist letter to Bank of America with proof of service ( NO RESPONSE ) - Comprehensive debt validation demands with certified mail receipts ( NO RESPONSE ) - Previous CFPB complaints with confirmation numbers ( NO RESPONSE ) - Notice of Default and Notice of Trustee 's Sale showing XX/XX/XXXX date - Email from XXXX XXXX demonstrating dual tracking violations- Court-ordered name change documentation from XXXX - Chain of title challenge documentation and requests - Evidence of Master Servicer coordination with sub-servicers - Property deed and ownership documentation URGENT RELIEF REQUESTED : 1. IMMEDIATE EMERGENCY INVESTIGATION of Bank of America 's systematic violations 2. EMERGENCY ORDER halting XX/XX/XXXX foreclosure sale 3. MANDATORY DEBT VALIDATION from Master Servicer with complete documentation 4. MASTER SERVICER ACCOUNTABILITY enforcement including agreement audit 5. ELDER ABUSE INVESTIGATION and criminal referral to DOJ and California Attorney General 6. SANCTIONS AND PENALTIES for willful non-response pattern and systematic abuse 7. RESTITUTION for damages, legal costs, emotional harm, and elder abuse ( estimated $ XXXX ) 8. REFERRAL to OCC and federal banking regulators for systemic review and oversight 9. SYSTEMATIC REFORMS to prevent Master Servicer predation and elder abuse 10. INJUNCTION against future actions until full federal law compliance achieved MASTER SERVICER ULTIMATE ACCOUNTABILITY : Bank of America can not evade responsibility through systematic silence. As Master Servicer, they bear ultimate liability for subservicer compliance and borrower protection under federal regulations ( 12 C.F.R. 1024.38 ). Their calculated evasion strategy exacerbates elder harm and demands immediate CFPB intervention and enforcement action. 

COORDINATED SYSTEMATIC ABUSE PATTERN : This complaint is part of systematic violations involving coordinated CFPB complaints against multiple entities ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) regarding the same illegal foreclosure proceedings. Bank of America 's complete silence while orchestrating the foreclosure positions them as the primary coordinator of this systematic elder abuse. 

BORROWER INFORMATION : - Name : XXXX XXXX - Address : XXXX XXXX XXXX XXXX, XXXX, CA XXXX - Phone : ( XXXX ) XXXX - Email : XXXX - Loan Number : XXXX - Master Servicer : Bank of America

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