Consumer complaint received 2026-05-11 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
This complaint formally places on the official CFPB record the complete Pooling and Servicing Agreement for XXXX XXXX XXXX the trust Bank of America used as the basis for foreclosing on XXXX 's XXXX at XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX No. XXXX. The PSA is a publicly available government record filed with the Securities and Exchange Commission Accession No. XXXXXXXX XXXX XXXXXXXX. It is the trust 's own governing document. It is governed by New York law confirmed from PSA Section 12.03 which states this agreement shall be construed in accordance with and governed by the substantive laws of the State of New York. XXXX is attaching the complete 641 page PSA to this complaint so the CFPB record contains the actual governing document alongside the PSA violations analysis also attached. Every requirement cited in the violations analysis can be verified directly in the attached PSA. THE PSA REQUIREMENTS BANK OF AMERICA NEVER MET : The PSA required all mortgage loan transfers to be completed by the Closing Date of XX/XX/XXXX. The void Assignment of Mortgage Instrument XXXX was executed XX/XX/XXXX 13 months after the Closing Date. Bank of America as successor trustee to XXXX XXXX accepted a foreclosure judgment obtained using an assignment executed 13 months after the trust 's own rules required all transfers to be completed. The PSA required a complete chain of endorsements on the original Mortgage Note from the originator to the last endorsee. XXXX 's original Adjustable Rate Note produced by PHH from Litton 's own files has zero endorsements from XXXX to any subsequent holder. Bank of America accepted a foreclosure judgment obtained using a note with zero endorsements as required by the PSA. The PSA required the originals of all intervening Assignments of Mortgage evidencing a complete chain of assignment from the originator to the last endorsee with evidence of recording. Zero recorded assignments exist in XXXX XXXX public records connecting XXXX 's property through any legitimate chain from XXXX forward. Bank of America accepted a foreclosure judgment obtained with zero recorded assignments as required by the PSA. The PSA required the custodians U.S. Bank National Association and Deutsche Bank National Trust Company to deliver a Document Certification and Exception Report within 90 days of the Closing Date by XX/XX/XXXX certifying that XXXX 's note was properly endorsed. No such certification has ever been produced by any party. The PSA required XXXX XXXX XXXX to repurchase defective loans within 30 days of the Closing Date by XX/XX/XXXX. XXXX dissolved XX/XX/XXXX XXXX months before the Closing Date. A dissolved corporation can not repurchase loans. The repurchase obligation was impossible to perform from day one. Bank of America as successor trustee never required XXXX XXXXXXXX XXXX XXXX as Sponsor to fulfill the repurchase obligation under the Representations and Warranties Agreement. THE TRUSTEE SUCCESSION CHAIN CONFIRMED FROM PUBLIC RECORDS : Bank of America became successor trustee to XXXX Bank when XXXX was absorbed on XX/XX/XXXX confirmed by FDIC XXXX XXXX. Bank of America subsequently transferred the trust administration to XXXX XXXX XXXX XXXX confirmed by XXXX recorded XXXX XXXXXXXX XXXX public records Instruments XXXX and XXXX showing Bank of America as assignor and XXXX XXXX as XXXX for XXXX XXXX XXXX. XXXX XXXX is confirmed as current trustee in federal court Case No. 1:19-cv-02305-AJN where XXXX XXXX is actively suing XXXX XXXX XXXX XXXX for XXXX XXXX in XXXX XXXX XXXX. THE CORE QUESTION : The PSA is publicly available on SEC EDGAR. Every requirement violated in XXXX 's foreclosure is documented in the trust 's own governing document. The PSA is governed by New York law. Bank of America as successor trustee had a legal obligation to ensure the trust 's own rules were followed. Bank of America accepted a void judgment obtained using a void assignment executed by a dissolved corporation 13 months after the trust closed with zero note endorsements and zero recorded assignments in direct violation of every requirement in the PSA 's own governing document. XXXX is asking the CFPB to answer one question why has no government agency enforced the requirements of a publicly available SEC document that Bank of America violated in obtaining a foreclosure judgment against a XXXX father and his XXXX XXXX XXXX son. XXXX has XXXX active CFPB complaints. Seven Democratic members of the Senate Banking Committee have been briefed including Senator Elizabeth Warren. Bank of America 's internal case numbers are XXXX and XXXX. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX Bankruptcy XXXX XXXX. XXXX Middle District of Florida.XXXX is attaching XXXX recorded XXXX XXXX instruments that directly contradict Bank of America 's statement that they never serviced nor foreclosed on the First Mortgage Lien. Certificate of Title Instrument XXXX issued to Bank of America as successor to XXXX XXXX as Trustee for XXXX XXXX XXXX. XXXX XXXX of Foreclosure XXXX XXXX. XXXX the void judgment obtained using the void assignment. Special Warranty Deed Instrument XXXX signed by Bank of America as XXXX conveying XXXX 's property for {$78000.00}. Void Assignment of Mortgage Instrument XXXX the document signed by dissolved XXXX XXXX XXXX that forms the basis of the foreclosure. These XXXX documents all bearing Bank of America 's name or their predecessor 's name directly contradict the statement in Bank of America 's XX/XX/XXXX letter signed by Resolution Specialist XXXX XXXX that records indicate Bank of America never serviced nor foreclosed on the First Mortgage Lien.

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