Consumer complaint received 2025-10-06 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: CA

Complaint narrative:
I'm writing this complaint against The Bank of New York Mellon ( BNYM ), at XXXX XXXX XXXXXXXX XXXX XXXX, NY XXXX, because I strongly believe they're not the rightful owner of my mortgage note, and their involvement has led to all sorts of problems with my loan servicing. We're the borrowers on this property at XXXX XXXX XXXX XXXX, XXXX, CA XXXX, and we've been dealing with financial stress, emotional upset, and even health issues from this mess. XXXX is XXXX and XXXX, had a XXXX XXXX back in XXXX, and this constant worry is making things worse for him dizziness, fainting spells, you name it. He has stated goint to therapy to avoid falls and gain lost balance. I don't think BNYM has any business claiming they own our note, and I want you to look into it right away, force them to prove it or back off, and make them fix the damage they've caused or allowed. we really would like to get back to work and have our remaining years in peace from these gigantic bulies Let me explain what's going on. Our loan number is XXXX, and it's been a nightmare since BNYM got involved as the supposed trustee. I dispute that they even own the note the chain of title seems broken, with assignments that don't add up, and no real proof they've got the original documents or legal right to enforce anything. i dont think they own the note period more than enough documentation exists to prove that they do why are you allowing this to continue to happen to us. This isn't just my opinion ; it's based on what I've seen in the records, and it's letting their servicer run wild. We've suffered big time because of it, and I need your help to stop it. 
What's Wrong : Disputed Ownership of the Note : BNYM says they're the owner as trustee for some trust ( like for certificate holders of CWMBS or whatever ), but I challenge that. There's no clear chain of title showing how they got the note from the original lender, and I think it's all smoke and mirrors. i have asked them over and over as require so far no answer what are they hiding. They've never provided the original note or proper endorsements when I've asked, which violates TILA and RESPA. 

If they don't own it, they can't collect or foreclose, but they're acting like they do, and it's ruining us. 
Allowing Servicing Abuses : As the alleged owner, BNYM is responsible for what their servicer does, but they've let things go haywire. We've had improper fees piled on during bankruptcy, escrow messed up with negative balances, and payments not applied right.

For example, they've held thousands in partial payments without crediting them, leading to fake late charges.

Ban of New York Mellon hasn't stepped in to fix any of this, even though they're the boss.

Dual-Tracking and Foreclosure Threats : Even with an active loss mitigation review going on ( they acknowledged it complete on XX/XX/XXXX ), BNYM 's team has kept a foreclosure sale date hanging over us first XX/XX/XXXX, now XX/XX/XXXX. They reschedule at the last minute but won't cancel it, which is illegal dual-tracking under RESPA. It's like they're playing games to wear us down, and it's working XXXX 's health is getting worse from the stress. 

No Response to My Disputes : I've sent letters and demands via certified mail asking BNYM to prove they own the note and stop the abuses, but nothing. 

No validation, no chain of title, just silence. 

This violates FDCPA and RESPA 's rules on responding to borrower inquiries. As the supposed owner, they're liable for this mess. 

XXXX XXXX and XXXX XXXX : XXXX is a senior with serious health problems, and this has made everything worse fainting, dizziness, anxiety that's keeping him up at night. BNYM 's refusal to address the ownership dispute is letting this drag on, and it feels like elder abuse under California law. They've got to be held accountable for the harm.

We've tried to resolve this ourselves, but BNYM ignores us. I want the CFPB to make them prove they own the note or declare it invalid, stop the foreclosure threats, fix the servicing errors, and pay us back for the damage like the fees they've charged wrongfully and compensation for XXXX 's health issues.

Company response to consumer: Closed with explanation