Bank of America Debt Collection Complaint

Bank of America Debt collection department,

Mortgage False statements or representation Attempted to collect wrong amount Hawaii

I am the owner of a property in - where I am not on the loan. The borrower did not want the property after his divorce and he quit claimed the property to my - in -/-/-. Countrywide Home Loans approved of the - taking over payments on the loan and I made payments for a few years. The borrower moved to the mainland with his kids shortly thereafter. Then the market crashed and the value went to half of what is was financed at, which was -. - went out of biz -/-/-. BOA took over servicing the loan. After news spread of - and fraud in securitization trusts, I made BOA validate the debt and the evidence did not add up. Paying the wrong party does not discharge the principal. I stopped paying, it was completely underwater, and they could not prove the debt. I made a number of settlement offers which they somehow kept misinterpreting. But it appeared they accepted one of them and never dishonored it according to rules under UCC and I believe it was monetized by BOA to settle the account. They filed a complaint for foreclosure naming my - and borrower as defendants.


recorded in -/-/- years after the loan originated, by MERS as nominee for - assigning to BOA. The address of MERS used on the asgmt was deemed invalid by way of - policy bulletin -/-/--, directing members that the address in - - wil be returned to sender. - was out of biz in -/-/- and - as nominee had as much rights to assign as a defunct principal. I obtained an analysis of the - signature by a court forensic handwriting expert who provided verified testimony that the signature was forged based on comparisons of the sig around courts in the nation. The sigs were all very different than the next one in the same year as the asgmt on this mortgage. When the state court took the evidence in from the forgery analysis, the judge stopped the case till plaintiff could prove the authority of signer. Months later, they still did not prove authority. Then they brought a supplemental declaration of a different robo signer altogether, and a list of - names, - per page, calling it a corp resolution which it was not, saying they were all authorized by -. I could n't even find the name of the signer due to the small print and non alphabetized list. Def Counsel withdrew and I could not find a replacement. I filed to intervene personally due to the defs interest not being properly protected in the court, and the borrower signed a limited POA for me personally to handle the property in his stead. All attempts to intervene and join the case personally were denied. The plaintiff then stopped serving the borrower in - so both defs were blocked from responding and the judge granted summary judgment. Judge - - is not an impartial judge. He owns investments in BOA/Merrill Lynch n -. Borrower declared bk chap - and is discharged. I am left to object to BOA. I transferred ownership to me personally to speak in this case. I filed a verified affidavit full of evidence that freddie mac is owner, they failed to join or mention freddie mac at all, the declarations are on no personal knowledge, evidence of forgery on record and judge ignored my affidavit despite I certified everything. Now he issued to commissioner to sell and BOA is not real party in interest, failed to join them, loan is settled undisputed, no personal knowledge, and they threatened my tenants to pay them my rental income. No shred of evidence to support they are entitled to enforce the note. Judge ignoring the law, lawyers lying, and BOA has clear evidence of FORGERY. Judge is corrupt.