Bank of America Mortgage Complaint

Bank of America Mortgage department,

Other mortgage Loan modification,collection,foreclosure California

Bank of America is forcing me to defend litigation due to an improper foreclosure sale. UNLAWFUL DETAINER AFFIRMATIVE DEFENCES Title at Issue : Questions of right to title and property possession in Unlawful Detainer ( UD ) or eviction judicial procedure following the sale of property in a foreclosure. Prior to the Notice of Sale - - - recording and Trustee 's Sale, an Adverse Possession Declaration notice was published for - consecutive weeks, conspicuously posted on the property. Plaintiffs should have known a claim to title would be at issue. Trustee stated foreclosure and sale conducted in accordance with applicable laws, but there is no way of knowing if the statement is true or false. Even if due diligence has been conducted by the bona fide purchasers ( BFPs ), without full account records, interviews with relevant parties, with a


Foreclosure sales at auction are conducted without recourse or warranty. Trustee 's Deed, - Deed, and - - Deed do not convey title, ownership, or possession of real property when disputed. Only Deed, - Deed, or - Deed convey title, ownership, or possession based on a written document. The only other way to gain ownership and possession is through adverse possession. No Right to Rents : - ( - ) has first rights to rents under the terms of the -/-/- - - Deed. The only - Financing Statement and Assignment of Rents existing related to the subject real property is the -/-/- - - Deed down payment assistance loan. There is no tenant/landlord relationship established or existing between the Plaintiffs and the Defendants. Therefore, the - have no rights to rents. Law Violations : For the - to determine who is the owner of record, the - must first determine if the seller had the right to sell. It must be determined if the California Homeowners - of Rights ( CalHBOR ) were complied with. Dual Tracking, required pre and post Notice of Default ( NOD ) outreach, and other violations of the -, the National Mortgage Settlement ( NMS ) enforced by the -/-/- Consent Judgement, and the Consumer Financial Protection Bureau ( CFPB ) Real Estate Settlement Procedures Act ( RESPA ) enforced by Regulation -, have occurred making any foreclosure processes improper. Time Barred Debt : No payments had under the terms of the -/-/- Trust Deed since -/-/-. Any debt associated with the -/-/- Trust Deed is time barred in accordance with Fair Debt Collection Practices Act ( FDCPA ) and California law. The bank declared on - -, - there is no principal balance associated with the account and, therefore, the -/-/- Trust Deed prior to the sale and purchase date. The subject property was not used as collateral to secure the note or - - Deed, any defaulted debt can not be collected from the subject property. Title Not Conveyed : The - down payment assistance loan extended to me and secured by the -/-/- - - Deed has not been satisfied to date and must be paid in full as required upon sale or transfer of the subject real property. Until - loan has been paid in full, foreclosure sale is incomplete and title cannnot be conveyed or considered transferred to another party. No - - of - : Plaintiff 's Complaint has no cause of action before the - to be decided. It is not the purview of a judicial - to determine ownership through an eviction cause of action or UD hearing. Plaintiffs claim of right to title is clouded. No eviction or possession - be had until all issues of rights to ttle have ben settled and all clouds removed. - is held by me according to a Deed recorded with the - - - - -, document -/-/--.