Consumer complaint received 2024-12-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: PA

Complaint narrative:
To Bank of America XXXX XXXX XXXX XXXX, This is not a duplicate request, and I am presenting additional information. This is in response to a closed complaint where Bank of America XXXX my signature is on the loan documents. I am uploading the current note again to prove that it IS NOT! WHY IS NO ONE SEEING THIS!? Since Bank of America continues to refer me back to the loan originator, XXXX, I am presenting additional information from XXXX XXXX XXXX, who escalated this matter to Bank of America, the current loan servicer. 

I am identified as a joint borrower on Bank of America loan number # XXXX, which was transferred to XXXX XXXX XXXX. Upon reviewing the unexecuted note, XXXX XXXX this loan from my credit report. However, as of XX/XX/XXXX, it began reporting again under Bank of America with a loan number that starts with XXXX. This notice of error pertains to the XXXX XXXX XXXX modification note, loan # XXXX, AND both Bank of America loan numbers referenced above. 
In XX/XX/XXXX, XXXX XXXX entered into this loan adjustment agreement with XXXX XXXX XXXX, which I did not consent to or execute ; therefore, reporting this loan to my credit bureaus violates the FCRA, XXXX, and XXXX  XXXX XXXX XXXX. 
XXXX. Under the Fair Credit Reporting Act ( FCRA ), Section XXXX ( a ) ( XXXX ) ( A ) addresses the accuracy and integrity of information furnished to consumer reporting agencies. Specifically, it states that a creditor must not report data to a credit bureau if the consumer has not signed a contract or agreement authorizing the creditor to do so. 
a. My signature line says N/A on the XXXX XXXX XXXX XX/XX/XXXX, yet it continues to report to my credit bureaus b. This is a violation of FCRA Section XXXX ( a ) ( XXXX ) ( A ) XXXX. Prohibition on XXXX XXXX XXXX : This section states that a person ( or entity ) may not furnish any consumer information relating to a consumer reporting agency if the person knows or has reasonable cause to believe the information is inaccurate. 
a. XXXX contacted Bank of America on XX/XX/XXXX regarding this inaccuracy as they DID have the documentation needed to process the assumption for XXXX XXXX, releasing me of liability. 
b. XXXX and XXXX have both removed this mortgage from my credit report ; however, Bank of America continues to neglect to acknowledge this error and the associated legal implications. 
XXXX. A valid and enforceable mortgage note must be signed by the borrower ( XXXX ) to be legally binding and reportable to credit bureaus. 
a. On XX/XX/XXXX, a Bank of America representative told me my signature was not required for the XXXX Modified Mortgage Note because I was no longer on the deed to the home. My name should not have been listed on the note then. Regardless, it is unlawful and a violation of FCRA for Bank of America to report a liability to my credit to which I did not consent and terms to which I did not consent ( {$100000.00} increase, {$240000.00} in deferred interest, and change from XXXX yr fixed to a Balloon! ) all which are massive changes, NOT beneficial, and all which I would have never agreed to. 
XXXX. Regulation B under the Equal Credit Opportunity Act ( XXXX ) states that a creditor shall not require the signature of an applicant 's spouse or other person, other than a joint applicant, on any credit instrument if the applicant qualifies under the creditor 's standards of creditworthiness for the amount and terms of the credit requested. 
a. Bank of America reports the mortgage as a joint liability on my credit report ; therefore, my signature should have been required. This is a violation of ECOAs Reg B. 
XXXX XXXX XXXX qualified for this mortgage with his income and credit ONLY XXXX. In XXXX, the requirement for signatures on modification mortgage notes is governed by the XXXX  XXXX XXXX XXXX. According to Section XXXX, any modification, amendment, or re-recording of a mortgage or deed of trust must be executed with the same formalities as the original document. This means that all parties whose names appear on the original mortgage XXXX deed of trust must sign the modification note for it to be legally valid and enforceable. 
a. Bayviews error was not correctly processing the assumption after the modification was approved, as they stated they would do in a timely fashion. They escalated this to Bank of America on XX/XX/XXXX. Bank of America continues to ignore this error. Regardless of who made the error, Bank of America now holds this modified note, and both creditors violate XXXX  XXXX XXXX XXXX XXXX XXXX XXXX. A modification note must be recorded in XXXX  to be legally effective. According to XXXX  XXXX XXXX XXXX XXXX XXXX, any deed or instrument that affects the ownership or interest in real property must be executed and recorded to be valid. This includes modification notes for mortgages or deeds of trust. 
a. The modified Note dated XX/XX/XXXX was NEVER recorded with the XXXX of XXXX. 
XXXX. A mortgage company can not report a mortgage to credit without your consent. Under the Fair Credit Reporting Act ( FCRA ), a creditor must have your permission to report information to a credit bureau. This means that if I did not sign the mortgage note or give explicit consent, the mortgage company should not be able to report it to my credit. 
XXXX XXXX XXXX was the only XXXX who qualified for this mortgage. Only his credit and income were used, and only his signature and consent were given. Had I known that my name would be listed, and had I been allowed to sign a legally binding contract WITH MY NAME ON IT, I would have NEVER consented or signed. 
XXXX. It is illegal for someone to forge a signature or write " N/A '' on a signature line without ones consent and then proceed to report it to credit bureaus. This act constitutes signature forgery, which is a serious offense. 
a. Forgery is considered a felony in all XXXX XXXX states, and it can result in criminal charges, fines, and even imprisonment. Bank of America is reporting a forged document to my credit report. 
XXXX. The loan Adjustment Agreement states an agreement was made on XX/XX/XXXX by XXXX, XXXX XXXX, and XXXX XXXX. However, I, XXXX XXXX, did not execute the agreement. In addition, the notary acknowledgment dated XX/XX/XXXX does not contain my signature as a borrower on the executed agreement, and the notary for the XXXX of XXXX  states the person ( XXXX ) whose name is subscribed to the within instrument executed the same. These documents are all included for your review. 
XXXX. In the letter dated XX/XX/XXXX, XXXX XXXX XXXX asserts that my signature was not necessary on the modification because I relinquished my rights to the property through a Quit Claim Deed and a recorded divorce decree. However, they also claim that they did not initially receive those documents, which is why the final stepthe assumption portionwas not processed. This raises a question : if XXXX had the documents to justify excluding my signature from the modification note, how is it that they suddenly did not have them when it came time to process the release of liability? 
a. XXXX acknowledges this error and has escalated the matter to Bank of America, who has been unresponsive to these entreaties. Bank of America continues to re-report this mortgage, which is further harming my XXXX XXXX. I have never been late on a payment, yet my XXXX XXXX is negatively impacted by late payments attributed to XXXX XXXX, as well as a high balance that exceeds the original credit limit, and now, his foreclosure.

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