Bank of America Complaint: Loan modification,collection,foreclosure

#1780730 9 Feb 2016

Mortgage FHA mortgage

Complaint #1780730 submitted on 02/09/2016 relating to Bank of America. Complaint relates to Mortgage FHA mortgage - Loan modification,collection,foreclosure .

Complaint was submitted via Web and sent to the company on Tuesday 16th February 2016.

Narrative (may be redacted).

I am the owner of the property at XXXX XXXX XXXX, XXXX, VA XXXX. I obtained judgments against the original " lender, '' XXXX/XXXX/XXXX, case # XXXX, for FDCPa and TCPA violations, and the " servicer, '' XXXX, Case No. XXXX, for the same violations. I also sent a UCC 9-210 via certified mail, to both parties, and they tacitly admitted that the mortgage balance was XXXX. The first Default Notice was mailed on or about XXXX XXXX, XXXX, so the 6 year statute of limitations for both the UCC and the state of Virginia is well past that point. I rescinded the " loan, '' on XXXX XXXX, XXXX, by sending notice via Certified Mail, Return Receipt Requested to the alleged lender, Bank of America, N.A., and to the alleged servicer, XXXX XXXX XXXX. The US Postal ID number was XXXX for the former, & XXXX for the latter. I recorded a " Notice of Interest in Real Property '' in XXXX XXXX, VA, along with an affidavit.Pursuant to the Truth in Lending Act ( " TILA '' ) 15 U.S.C. 1635 and 12 CFR. 226.23, the rescission was effective the moment it was mailed ( see XXXX vs XXXX, XXXX XXXX ). Please notice that that decision said very clearly that TILA does not make a distinction between a disputed rescission or an undisputed one-in either case, any lien holders who wish to dispute the rescission must do so with a lawsuit, WITHIN 20 DAYS, otherwise their rights are gone forever-and they are obliged to return the canceled note, reconvey the property, and return all payments and closing costs to the owner. Not only did Bank of America and XXXX not follow that requirement, they are trying to commit fraud in collusion with XXXX by the attempted foreclosure of the home ( see attached ), by foreclosing on a home where the note and mortgage, by operation of law, were voided back in March-and they did NOT exercise their right of contesting the rescission within 20 days. A couple of recent blogs by noted foreclosure attorney XXXX XXXX shed light on what B of A are trying to pull-indeed, in the first article, XXXX was fined massive damages because of their fraudulent behavior, and when I last checked, XXXX XXXX, XXXX was nowhere to be found in the county recorder 's office. In the XXXX blog, which discusses the XXXX decision from XXXX, he had rescinded years ago, but was foreclosed on anyway, and now the court threw out XXXX Bank 's motion to dismiss. Incidentally, none of the categories below really fits, but I checked " Problems when you are unable to pay, Loan modification, foreclosure. '' XXXX https XXXX I also add that all of the parties are violating XXXX XXXX & XXXX XXXX deceptive trade practices against an elderly person, as well as my civil rights ( law of XXXX, attached ) by trying to deprive me of personal property without due process ( which is true of any deed of trust state, btw ).

Older American

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