Consumer complaint received 2025-10-03 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:
As a XXXX XXXX  citizen with severe health issues, I am filing this new complaint against The Bank of New York Mellon ( BNYM ) XXXX the alleged trustee and owner of my mortgage note ( Loan Number : XXXX ), for egregious violations of federal and California laws that threaten my family home at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX  XXXX XXXX and have left me financially devastated. BNYM 's negligence in overseeing servicer XXXX XXXX  XXXX has enabled illegal dual-tracking, invalid foreclosure proceedings, and failure to validate the debt, exacerbating my medical conditions and draining my savings to zero. This constitutes elder financial abuse and must be investigated urgently. 
Background and Account Details : Loan originated in XXXX with XXXX ( now under BNYM via the XXXX XXXX XXXX, XXXX XXXX  Pass-Through Trust XXXX ). 
I have an exemplary payment history of ~ $ XXXX over 19 years on a ~ $ XXXX loan, with substantial equity ( ~ $ XXXX in a $ XXXX property ). 
On XX/XX/XXXX, I filed a verified pro per complaint in XXXX XXXX XXXX ( Case No. XXXX ) against BNYM, XXXX, and XXXX XXXX  XXXX, alleging lack of standing, dual-tracking, and more ( attached as PDF ). 
On XX/XX/XXXX, I proposed a good-faith {$500000.00} short payoff settlement to XXXX  ( via their counsel, XXXX XXXX XXXX XXXX XXXX. ), clarifying it as full satisfaction of all amounts owed and release of all claims/instruments related to my property ( attached email chain PDF ). BNYM has not responded or halted proceedings. 

Specific Violations by BNYM as Trustee : Fraudulent Documentation and Chain of Title Defects : BNYM claims ownership via a XXXX Assignment of Deed of Trust, recorded after the trust closed in XXXX, rendering it void under California XXXX XXXX 3309. The original XXXX Deed of Trust lacks a named trustee per XXXX. XXXX. Code 2934a, and no proper promissory note endorsement exists. BNYM has never held the note, mortgage, or interest in my property, yet authorized XXXX to initiate foreclosure without standing. This mirrors invalid debt practices and voids all recorded documents ( Substitution of Trustee, NOD # XXXX recorded XX/XX/XXXX, and XXXX for XX/XX/XXXX ). 
Foreclosure Misconduct and Dual-Tracking Oversight Failure : Despite my complete loss mitigation application submitted and acknowledged by Shellpoint on XX/XX/XXXX, XXXX failed to supervise and stop the ongoing nonjudicial foreclosure. This dual-tracking violates 12 CFR 1024.41 ( g ) ( federal RESPA rule XXXX and XXXX. XXXX. Code 2923.6 ( c ) ( HBOR ). BNYM 's complicity has postponed but not canceled the sale, ignoring my settlement offer and worsening my health/financial strain. 
Debt Validation Failures : My XX/XX/XXXX, cease-and-desist letter demanding validation under FDCPA ( 15 U.S.C. 1692g ) went unanswered by BNYMXXXX  XXXX They can not provide a valid chain of title, payment history, or endorsed note, leaving me unable to verify the ~ {$190000.00} reinstatement balance ( quoted XX/XX/XXXX, good through that date ). 
California Homeowner Bill of Rights ( HBOR ) Violations : BNYM 's oversight enabled Shellpoint to breach XXXX. XXXX. Code 2923.6 ( dual-tracking ban ), 2923.7 ( single point of contact ), 2924.17 ( material violations void notices ), and 2924.18 ( single point accountability ). As trustee, BNYM is liable for these under respondeat superior. 
Financial Hardship and Elder Abuse : This ordeal has zeroed my bank account, prevented me from working due to constant legal battles, and intensified my severe health issues ( stress-induced sleep loss, physical decline ). BNYM 's actions target a vulnerable senior despite my good-faith efforts, constituting elder financial abuse under XXXX. XXXX. & XXXX. Code 15610.30. 

Harm Suffered : Imminent loss of my family home and $ XXXX equity via the XX/XX/XXXX, sale. 
Incurred legal fees, emotional distress, and medical exacerbation as a senior. 
Financial ruin : Zero balance, inability to work, and ongoing credit damage from invalid reporting.

Company response to consumer: Closed with explanation