BANK OF AMERICA, NATIONAL ASSOCIATION – CFPB Complaint

By on November 21, 2018
Consumer Complaint Submission

Date Received: 2018-10-22T00:00:00

Product: Mortgage debt

Issue: Attempts to collect debt not owed

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: Filed Chapter XXXX Bankruptcy in XXXX case XXXX. I signed a reaffirmation agreement with Bank of America on XX/XX/XXXX taking the amount of the loan from {$68000.00} to {$45000.00} leaving a cram down amount of {$23000.00}. Per the debtors confirmed bankruptcy plan docket XXXX filed on XX/XX/XXXX Bank of America had the right to place the {$23000.00} with the Class 7 unsecured claims and failed to do so. By Bank of America not petitioning the cram down amount to be placed in the Class 7 claims at confirmation of the plan as stated in the Class 7 claims and Class 2 claims that debt should any lender not file a proof of claim, not contest any amendment disputing their claim, nor contest an objection made to their claim, such claim shall be treated only as a Class 7 claim, if allowed, and such lender shall be bound by the 524 injunction issued at confirmation of the Plan. At this time Bank of America, XXXX / XXXX and XXXX XXXX have all violated the plan by asking for this discharged debt. XXXX XXXX has included this cram down in my payoffs and in the foreclosure action taken against my loan. As I stated in my previous CFPB complaints BAC placed insurance on my loan per the loan history in XXXX while this property was under a federal stay. This was an encumbrance on the debtor and the asset and a direct violation of docket 382 ARTICLE IX section 3 ( iii ) ( iii ) creating, perfecting otherwise enforcing in any manner, directly or indirectly, any encumbrance of any kind against the Debtor or the assets of the Debtor or the Trust or any direct or indirect successor in interest to any of the Debtor, or any assets of any such transferee or successor other than as contemplated by the Plan ; The plan prohibited Bank of America to place insurance and charge the debtor while the debtor was under a federal stay. The Plan prohibits XXXX to collect the amount of {$19000.00} listed as BK cost under FEE DETAILS.

READ  WAKEFIELD & ASSOCIATES, INC. - CFPB Complaint

Company: BANK OF AMERICA, NATIONAL ASSOCIATION

State/Zip: OH 450XX

Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 3053438

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