submitted by reader
BANK OF AMERICA ASSIGNS SAME NOTE TWICE AND GETS PAID TWICE!
(To prevent further retribution to our family, I post this information under a pseudonym.)
1) In 2001, I closed on a refinancing loan, with XXXX Mortgage Company “A” (“MCA”).
2) “MCA” immediately thereafter assigned the loan to Bank of America (“BOA”).
3) According to the “journey” of the Note as indicated in the endorsement stamps (the Note was just produced last week, yes last week) and a recorded assignment – “BOA” assigned the NOTE to Residential Funding at some point within the immediate 12 week period following the “MCA” assignment to “BOA”.
4) At the time of the assignment “BOA” was paid by Residential Funding.
5) Residential Funding then assigned the NOTE to Bankers Trust Company, as Trustee, also at some point within the 12 weeks immediately following the “MCA” assignment to “BOA”.
6) Residential Funding was paid by Bankers Trust Company, as Trustee
7) Additionally during the same 12 week time frame, “BOA” also assigned the same aforementioned NOTE to Bankers Trust Company, as Trustee.
8) “BOA” at the time of that assignment, was also paid by Bankers Trust Company, as Trustee for the same NOTE.
9) Four years later, “BOA” returned a payment to me as “Misapplied Funds”.
10) I then received correspondence from Litton Loan Servicing indicating the servicing of the loan had been transferred from “BOA” to Litton Loan Servicing.
11) Litton Loan stated they were servicing the loan for “GMAC- RFC”.
12) I had never heard of either Litton or GMAC-RFC.
13) Two months after “Litton Loan” becoming involved, I received notice our home was going to be foreclosed by “Deutsche Bank Trust Company Americas”.
[Confused does not begin to state my concern as to whether our payments were being properly applied.]
14) I was fortunate to obtain a reinstatement of loan after payment of over $28,000 to the law firm representing “Deutsche”.
15) The attempts to obtain clarification were not successful, and the foreclosure advertisements continued.
16) In order to protect our home, I was forced to file a Chapter 13 “pro se”.
17) The case came to be converted to a Chapter 7.
18) Our family came to be evicted (despite our request to pay the first mortgage, which was denied) from our home by a real estate agent reportedly acting with the same power as vested in the Chapter 7 Trustee. The Chapter 7 Trustee sent me an email stating, “A failure to cooperate with her is the equivalent of a failure to cooperate with me.”
Any party interested in reviewing partially redacted copies of the Note and BOA assignment showing the transfers to confirm this story or any other comments or suggestions can contact the writer at alvinessel@gmail.com.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: Assign, Bank of America, Bankers Trust Company, BOA, Chapter 7 Trustee, Deutsche Bank Trust Company Americas, GMAC- RFC, Litton Loan, MCA, Misapplied Funds, note, PAID, Residential Funding, trustee | 22 Comments »