Bank of America Debt Collection Complaint

Bank of America Debt collection department,

Mortgage Cont'd attempts collect debt not owed Debt was paid West Virginia

Beginning in -/-/-, a mortgage servicer, acting as a debt collector, contacted me - years after a foreclosure was conducted on a property I owned in Massachusetts. I had no prior knowledge of this mortgage servicer/debt collector, - prior to this contact. I had a - and - mortgage on the property at the time of foreclosure. Both mortgages were serviced by the same company : initially Countrywide and later Bank of America. BofA conducted the foreclosure in -/-/-. 1 ) According to MA state law, a mortgagee or mortgage servicer needs a deficiency judgement to collect remaining loan debt after a property foreclosure. In order to seek deficiency judgement, the mortgagee must provide proof of having sent a notice of intention to pursue any deficiency after a foreclosure. This notice must be sent by registered mail at least - days prior to the foreclosure. Also, the mortgagee must sign and swear to an affidavit of the mailing of the above notice within - days after the foreclosure. - has not presented me with a deficiency judgement on the debt they are attempting to collect. They have not provided evidence that a notice of intention was sent to me or


to collect the debt is - years past the expiration of the allowed timeframe. 3 ) - made reports to the major credit bureaus about this debt that now appear as negatiave reports on all my credit histories. These reports have negatively affected my credit score at a significant level. I consider this reporting to be fraud and defamation. They also ignored a direct request to retract their reports to credit bureaus until they can prove the validity of the debt. 4 ) - has threatened '' foreclosure on the property attached to the - mortgage. I do n't believe they can foreclose on a property that has already been sold in foreclosure. - appears to have partial or incomplete information on this loan and its disposition. They never refer to the previous foreclosure or a deficiency after foreclosure. I no longer have any ownership or legal access to this property. I consider this to be fraud and making false statements in attempting to collect a debt. - ) I have never received any notification that this loan had been sold and/or transferred to another bank/lender, OR that the loan had a new servicer. The documentation from Nationstar states that the loan is now held by - - - - - -, as Trustee for - Home Equity Loan Asset Backed Certificates, Series -. '' At the time of foreclosure, the mortgagee was - with Bank of America as servicer. I never heard anything from BofA or - after the foreclosure was complete. However, I did receive communication and settlement funds from federal and state government as part of class action settlements with BofA for illegal foreclosure practices. 6 ) The amount - claims I owe and are trying to collect appears to be based on partial or incomplete information. The foreclosure that occurred back -/-/- netted over $35000.00 MORE than the balance on the - mortgage. There is no mention of the funds from the auction of the property or of any funds being applied to the - mortgage. - claims that I owe the balance of the loan prior to foreclosure, about $52000.00 PLUS an additional $ - for interest and fees. Again, I would consider these amounts to be false statements, threats, and fraudulant.