Consumer complaint received 2025-08-24 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:
To : Consumer Financial Protection Bureau ( CFPB ) Complaint Regarding : The Bank of New York Mellon ( BNYM ), as Trustee Loan Number : XXXX Property Address : XXXX XXXX XXXX XXXX, XXXX, CA XXXX Trust : XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX SUBJECT : URGENT : Demand for Trustee to Halt Illegal Foreclosure Initiated by Its Servicer, XXXX, Due to Dual-Tracking, Fraud, and Gross Negligence XXXX. Description of Problem : I am writing to file an urgent complaint against The Bank of New York Mellon ( BNYM ) in its capacity as Trustee for the above-referenced trust. BNYM is allowing its hired servicer, XXXXXXXX XXXX XXXXXXXX, to conduct an illegal foreclosure sale based on fraudulent documents and admitted misconduct. As the Trustee and owner of the loan, BNYM has a fiduciary duty to oversee its servicer and halt this abuse immediately. 

XXXX. What happened? ( A Summary of Servicer Misconduct Under BNYM 's Watch ) Your servicer, XXXX, is guilty of egregious violations : Admitted Dual-Tracking & Negligent Misrepresentation : On XX/XX/XXXX, during an active loan modification review, XXXX  's Loss Mitigation Specialist, XXXX XXXX XXXX sent me a written email instructing me to " disregard '' a Notice of Default because " we are working on a loan modification option. '' Relying on this written instruction from their authorized employee, I believed the foreclosure was halted as required by California law. XXXX has since admitted to the CFPB that this guidance was " incorrect. '' This false assurance caused me to detrimentally rely on it, leading to the denial of my modification and the advancement of foreclosure. 

Foreclosure Fraud Using Incorrect Names : XXXX  and its foreclosure attorney, Peak Foreclosure, have initiated foreclosure proceedings against " XXXX and XXXX XXXX. '' Our legal names were changed to XXXX and XXXX XXXX over a decade ago ( XXXXXXXX XXXX change occurred upon naturalization in XXXX ). They are foreclosing on people who do not legally exist. All payments for years have been made under our correct legal names, proving XXXXXXXX XXXX records are knowingly inaccurate. This is a fatal defect in the foreclosure process. 

Elder Financial Abuse : I am a XXXX XXXX man who depends on a Social Security income of {$1300.00} per month. My wife and I have lost our jobs during this process. XXXXXXXX XXXX  actionsluring me into a false sense of security and then foreclosing using a false identityhave placed my family on the brink of homelessness. 

XXXX. How has this affected you? 

XXXXXXXX XXXX  actions, under the authority and oversight of BNYM, have been catastrophic. Their false assurance directly led to the loss of my only path to saving my home. The emotional distress is immense. Furthermore, the foreclosure is procedurally VOID as it is filed against the wrong parties. BNYM, as Trustee, is about to sanction the sale of a valuable asset based on a fraudulent and illegal process. 

XXXX. What would you like the company to do? 

I demand that the CFPB immediately direct The Bank of New York Mellon, as Trustee, to : IMMEDIATELY HALT ALL FORECLOSURE PROCEEDINGS. The foreclosure is illegal due to dual-tracking, invalid due to the incorrect name, and is a clear case of elder financial abuse. 

DIRECT XXXX  TO WITHDRAW THE FRAUDULENT NOTICE OF DEFAULT filed under the " XXXX '' name from the county records. 

DIRECT XXXX  TO UPDATE ALL RECORDS to our correct legal names, XXXX and XXXX XXXX, and provide written confirmation of this. 

DIRECT XXXX  TO REOPEN AND REVIEW MY LOAN MODIFICATION APPLICATION based on my current, severe financial hardship ( unemployment, XXXX, reliance on Social Security ). 

REMOVE ALL FORECLOSURE-RELATED FEES AND COSTS incurred as a result of this illegal activity. 

PROVIDE A FULL ACCOUNTING of how this fraud was allowed to happen under XXXX 's oversight. 

XXXX. Attachments Provided : XXXXXXXX XXXX  CFPB Response ( XX/XX/XXXX ) admitting to " incorrect guidance. '' Email from XXXX XXXX ( XX/XX/XXXX ) stating " disregard '' the Notice of Default. 

Decree Changing Name ( Proof of legal name change to XXXX ). 

XXXXXXXX XXXX letter identifying BNYM as the owner/trustee. 

Notice of Default showing foreclosure under incorrect " XXXX '' name. 

The Bank of New York Mellon, as a sophisticated institutional trustee, has a legal and ethical duty to ensure its servicers do not violate the law and abuse consumers. They have failed in this duty. Their inaction makes them complicit in this scheme. I need the CFPB 's urgent intervention to force BNYM to take control of its servicer and stop this illegal foreclosure. 

Sincerely, XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation