Consumer complaint received 2025-06-25 00:00:00
Product: Mortgage — VA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
Overturning a wrongful foreclosure sale within 5 days with proof of fraudulent activity throughout the life of the loan is extremely difficult, but we are told not entirely impossible, and would require immediate and decisive legal action. So we have an Attorney Specializing in Wrongful Foreclosure Here 's a breakdown of why we know it's challenging and what might be involved : Why it's difficult : * Speed is critical : Five days is a very short timeframe in the legal world, especially for complex issues like foreclosure and fraud. We have to have : * High burden of proof : You would need compelling, clear, and convincing evidence of fraud. This isn't just a mistake or a misunderstanding ; it needs to be intentional misrepresentation or deceptive practices in which we have proof and have exhibited through out each Complaint written * Completed sale : Once a foreclosure sale is finalized and the deed transferred to a new, good-faith purchaser, it becomes much harder to overturn. The law often protects innocent third-party buyers.But we are fighting I am a Veteran * State-specific laws : Foreclosure laws vary significantly by state. Some states have " redemption periods '' after a sale where you might have more time, but 5 days is usually well before or at the very beginning of any such period. 
* Judicial vs. Non-judicial Foreclosure : If our state has non-judicial foreclosure ( where the lender can foreclose without court involvement ), which is probably what the lawyers for Bank of America NA obviously did stopping or overturning it can be even harder than in judicial foreclosure states, where you have more opportunities to present your case in court.We needed outside council in which XXXX XXXX of the XXXX XXXX XXXX has assigned * Immediate Legal Counsel : This is XXXX. We needed an attorney specializing in foreclosure defense and real estate law immediately. So we have been assigned a Firm .They can and have assessed our specific situation, reviewed our evidence, and determine the best course of action based on your state 's laws.We will be seeking * Emergency Motion/Temporary Restraining Order ( TRO ) : Our attorney would likely file an emergency motion with the court, seeking a Temporary Restraining Order ( TRO ) to halt the transfer of the property or to set aside to over turn the sale. This requires demonstrating : * Irreparable harm : That we have and will suffer significant, irreversible damage ( losing our home ) if the sale isn't overturned. 
* Likelihood of success on the merits : That we have a strong chance of proving fraud and winning our case in the long run. 
* Balance of hardships : That the harm to us outweighs any harm to the other parties if the sale is delayed or overturned. 
* Detailed Evidence of Fraud : We know that we would need to present concrete evidence of the fraudulent activity throughout the loan 's life. This we can and will include : * Misrepresentation of loan terms : Proof that we were intentionally misled about the interest rate, payments, or other crucial terms. 
* Forged documents : Evidence of fake signatures or altered In which there is proof involving XXXX XXXX and his associates * Predatory lending practices : Practices designed to trap borrowers in unsustainable loans. 
* Failure to provide required disclosures : Lenders are legally required to provide certain information. 
* Dual tracking violations : Where a lender proceeds with foreclosure while simultaneously evaluating a borrower for loss mitigation options. 
* Proof of Harm : We also needed to show how this fraudulent activity directly led to the wrongful foreclosure and caused My Family and I damages.My Spouse suffered an XXXX  in the mist of this Yet We are Blessed.We know our Potential Outcomes : * Setting aside the sale : If we can prove significant fraud and we have and can, especially if the sale hasn't been fully finalized and the deed transferred to a good-faith purchaser, We are seeking court might set aside or overturn the sale, returning the title to Us and We may know who the XXXX Heirs to be identified with us.How was the property sold without the XXXX Which we have the right to know if they were served a foreclosure Notice and Notified In XXXX We Trust 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