Consumer complaint received 2025-03-25 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
IM A VICTIM OF IDENTITY THEFT PURSUANT TO FCRA SECTION 605B ALL FRAUDULENT INFORMATION MUST BE BLOCK AND REMOVED I ALSO Demand Cease & Desist OF ANY SHARING OF MY INFORMATION UNDER SECTION ( 15 USC 1692 ( a ) ( B ) ). THIS IS NOT JUST A DISPUTE ANY MORE ITS A CONTRACT AUDIT : Subject : Request for Information, Full Disclosure of Security Interest, Documentary Evidence, and Cease & Desist Demand Dear BANK OF AMERICA, I hope this letter finds you well. As part of my effort to ensure transparency and compliance with applicable federal and state laws, I am formally submitting this letter to request information regarding the account referenced. Please carefully review the following requests and provide a timely and complete response. 

1. Contract Audit and Associated Documentation As part of a comprehensive audit of this account, I request that you provide the following information and documentation : Contract Documentation : A complete copy of the original contract, including all amendments, addendums, and any ancillary agreements related to the principal contract.

Financial Records : Copies of all invoices issued, payments received, and account statements reflecting transactions related to this contract.

Performance Metrics : Documentation of Service Level Agreements ( SLAs ) and any reports detailing the delivery of goods or services.

Compliance Documentation : Evidence of compliance with all relevant laws and regulations, as well as audit trails summarizing account transactions and communications. 
Internal Policies : A summary of your companys internal policies related to contract management and risk management protocols, specifically those relevant to the handling of this account. 

2. Full Disclosure of Security Interest ( 9-210 UCC ) Pursuant to 9-210 of the Uniform Commercial Code, I am formally requesting the following : Request for Accounting : An authenticated record showing unpaid obligations secured by collateral, along with a clear identification of the related transaction or relationship.

Request for a List of Collateral : A list of all collateral securing obligations under the referenced contract. Please provide confirmation or correction of this list as necessary.

Request for a Statement of Account : A statement indicating the aggregate amount of unpaid obligations secured by collateral as of the specified date.

Full Disclosure of Security Interest : All documentation showing the nature, scope, and extent of the security interest, including any filings or agreements related to the collateral.

3. Rights Under 3-203 UCC In addition to the above, I invoke 3-203 ( d ) of the Uniform Commercial Code, which states : If a transfer or purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee.

I request that you provide documentation demonstrating the full and complete transfer of the instrument in question. If the transferor has not transferred the entire instrument, or if the negotiation of the instrument has not lawfully occurred, the transferee ( your company or associated parties ) has no legal standing under the UCC as a holder in due course.

Failure to provide this documentation or to confirm the validity of the transfer of the instrument will raise further legal questions regarding your rights to enforce this debt.

4. Request for Documentary Evidence ( 12 CFR 1026.13 ( a ) ( 4 ), ( 5 ), and ( 6 ) ) In accordance with 12 CFR 1026.13 ( Regulation Z ), I request the following documents : Failure to Credit Payments or Credits : Documentation regarding any failure to properly credit payments or credits issued to the account.

Computational or Accounting Errors : Evidence addressing any computational or accounting errors reflected in periodic statements or account records.

Clarification of Extensions of Credit : Any documentation related to extensions of credit for which clarification has been requested, including supporting evidence.

5. Cease and Desist Demand ( 15 USC 1692 ( a ) ( B ) ) This letter also serves as a formal Cease and Desist Demand under the Fair Debt Collection Practices Act ( FDCPA ), Section 15 USC 1692 ( a ) ( B ). I hereby request that you immediately : Cease Reporting or Sharing Information : Stop reporting or sharing any information related to this account or debt under my personal information with any third parties, including credit reporting agencies.

Cease Further Collection Activities : Cease all collection activities that are in violation of 15 USC 1692 ( a ), which prohibits abusive, deceptive, or unfair debt collection practices.

Failure to comply with this demand will constitute a violation of federal law and may result in legal action.

6. Reporting to Credit Bureaus ( If Applicable ) If your organization has reported or intends to report any information related to this account to credit bureaus, I request full disclosure of the following : Details of any information reported, including account status, payment history, and other relevant data.

Any corrections submitted to credit bureaus regarding disputed information.

Deadline for Response To ensure compliance and avoid further complications, I request that you provide all requested documentation, authenticated records, and confirmations within 14 days of receipt of this letter. This timeline is in accordance with 9-210 ( b ) of the Uniform Commercial Code. 
Should you require clarification or have questions about this request, please contact me directly using the contact information provided above. 

Thank you for your prompt attention to this matter. I look forward to receiving your response and documentation by the stated deadline. 
Yours sincerely, XXXX XXXX XXXX XXXX all rights reserved

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