Date Received: 2023-03-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX, SLS received money from XXXX XXXX Housing Assistance Fund in the amount of {$40000.00}. My first complaint is that the amount paid to SLS included money for 3 monthly payments going forward but SLS only applied money to 2 months going forward. My Second complaint is that I was charged over {$3500.00} in late fees, legal fees and property maintenance, valuations and other fees. Because of SLS 's errors, I shouldn't have been placed in foreclosure and charged fees. I should not have been placed in foreclosure or charged fees for 2 reasons : 1. Even though my dad had asked, SLS, many times to correct the account title to show my name so that I may get correspondence, SLS representatives confirmed that they received our requests but completely ignored us. Because I wasn't getting correspondence from SLS, I didn't know our home was going into foreclosure until XXXX, when XXXX notified me that my homeowners insurance was being cancelled. I had to ask them to research why it was being cancelled and after researching they found out that it was being cancelled because our home was in foreclosure. 2. The government requires that the account is frozen when the servicer is made aware of the HAF application. The first time, SLS was made aware of our application was in XX/XX/XXXX. Unfortunately, XXXX ( SLS HAF dept ) lied about knowing that we had applied for the funds. I'm providing proof that I notified SLS about our application in XXXX and XX/XX/XXXX, but the house was still placed in foreclosure. I called XXXX several times to explain the situation, but he never mentioned that we were in danger of going into foreclosure. XXXX is unprofessional, vindictive and condescending, he lied about so many things and never documented our conversations in my file. I'm also including proof of some of the requests to correct the account title as well as proof that the account wasn't corrected until XX/XX/XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60459
Submitted Via: Web
Date Sent: 2023-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: First off, Because im not a borrower on the HELOC it was impossible to get information about the loan from SLS LLC I had to get my ex to write a letter or do a 3-way call SLS LLC is required to first obtain a court order establishing the liability for the debt and any ownership interest in the property and is barred from foreclosure by advertisement. Due to my divorce decree ( MICHIGAN ) SLS LLC failed to notify me of the mortgage assignment. SLS LLC failed to provide the me with the required written notifications and violated my rights under Michigan Law. The Real Estate Settlement Procedures Act ( RESPA ) is a federal law that requires certain disclosures to be provided to borrowers in connection with the transfer or sale of their mortgage. Specifically, RESPA requires that borrowers be provided with a notice of transfer of servicing rights when their mortgage is sold or assigned to a new servicer, including when the mortgage is assigned to a trust. RESPA requirements for notification of mortgage transfers to a trust : Timing of Notice : The notice of transfer of servicing rights must be provided to the borrower at least 15 days before the effective date of the transfer, unless the borrower receives the notice at or before the time of the transfer. Content of Notice : The notice of transfer of servicing rights must include the following information : 1. The effective date of the transfer of servicing rights 2. The name, address, and telephone number of the new servicer 3. A statement that the transfer of servicing rights does not affect any terms or conditions of the mortgage, except those directly related to the servicing of the loan. 4. A statement that the borrower has the right to continue to submit loan payments to the old servicer for up to 60 days after the effective date of the transfer, if the borrower sends payments to the old servicer by mistake. 5. A statement that if the borrower has a dispute with the new servicer regarding the servicing of the loan, the borrower must submit a written request for information or notice of error to the new servicer 's designated address for such requests. Method of Notice : The notice of transfer of servicing rights may be provided to the borrower by mail or electronically, if the borrower has consented to receive electronic communications. SLS failed to respond to my written request for validation of debt this debt is 19 years old and is not reported on my credit report. SLS LLC failed to provide monthly statements, a notice of default with intent to collect, a loss mitigation application and any notification of reinstatement rights. I found out about the assignment to XXXX XXXX XXXXXXXX XXXX because it is written in the published Foreclosure by Advertisement notice. I received a written letter dated 2 days after the publication of foreclosure. Adding mail time from XXXX Michigan ( location of XXXX XXXX their Lawyer 's office ) to XXXX Michigan ( my location ) the first notification to me was at least 4 days after the XX/XX/XXXX Foreclosure by Publication. SLS LLC is required to provide me with a written Notice of Intent to Foreclose at least 30 days before initiating foreclosure proceedings of any kind. ( RESPA ) ( FDCPA ) I was not able to protect my interest in the property. They have a legal duty to use due care. The Federal stature, RESPA, imposes various duties on SLS LLC See 12U.S.C. 2605. One of these duties is to respond appropriately to certain borrower inquiries, called qualified written requests. Id 2608 ( e ). If a mortgage servicer fails to comply with its duty to respond appropriately to a qualified written request from a borrower, then that borrower is entitled to any actual damages to the borrower as a result of the failure. Id 2605 ( f ) ( 1 ) ( A ).
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 49085
Submitted Via: Web
Date Sent: 2023-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-23
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Specialized Loan Servicing, LLC is a debt collector that took over a loan that was previously loan serviced by XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX XXXX and later XXXX XXXX XXXX XXXX XXXX, XXXX. The loan is based on a XXXX loan generated by XXXX XXXX XXXX XXXX XXXX on or about XX/XX/XXXX. On or about XX/XX/XXXX XXXX XXXX XXXX ( a loan broker ) recorded the debt at XXXX XXXX XXXX XXXX XXXX, XXXX, California with a Deed of Trust that added an additional parcel of land that was not included in our loan documents or descriptions of pledged land. The value of that additional parcel was approximately {$47000.00} for XXXX square feet of view property and is listed at the county as vacant, unimproved land. The loan with XXXX was for refinance and money to finish out a second dwelling unit ( mother-in-law ) over our garage. The loan value was {$560000.00} and the property of our home located on a separate tax parcel was appraised for {>= $1,000,000}. In XXXX we talked with XXXXXXXX XXXX XXXXXXXX XXXX ( XXXX ) about having a dry spell in consulting income. Instead of working with us, and after refusing offers of payments, we were informed that the loan was in foreclosure. We rejected their duplicitous actions and they verbally offered a forbearance agreement. The terms were full of errors and upon receipt of the written forbearance agreement on or about XX/XX/XXXX on the same day received I rejected the agreement in writing by email and mail, asking for corrections. At that time, I was unaware of the material alteration of our loan document. Following my immediate rejection, XXXX never submitted a new agreement [ this was admitted by XXXX during a trial. ] After making payments we thought exceeded the current amount due, I again asked XXXX for an accounting and corrected agreement. Instead XXXX through XXXX XXXX XXXX XXXX XXXX ( XXXX ) recorded a notice of non-judicial foreclosure. The foreclosure was based upon the rejected forbearance agreement. XXXX did not claim we were in default on the XXXX Mortgage. It turns out that in a Foreclosure Title Insurance Policy, XXXX confirmed there was no enforceable loan and they would not insure that title. We filed a complaint in XXXX XXXX XXXX seeking an Injunction ( temporary injunction was approved ) and state court of appeals confirmed that the forbearance agreement was void under statute of frauds. XXXX recorded a notice of rescission of the notice of default. Then filed a new notice of default in XXXX. We used a XXXX XXXX bankruptcy complaint to stall the next non-judicial foreclosure in XXXX XXXX, which NOD was rescinded later. In the meantime, XXXX transfered the loan servicing to Specialized Loan Servicing, LLC ( SLS ) which, as had XXXX XXXX used our payments for themselves. We are trying to get the loan servicer to stop collections and to return our funds paid over the years from XXXX through now, as we are forced to continue to make payments under duress on a void ab initio debt to be able to stop any non-judicial foreclosure payments. Presently, Specialized Loan Servicing, LLC the current debt collector is abusing uses of funds and taking payments without legal standing. Today we submitted our 13th Qualified Written Request/Request for Information to SLS and disputed the debt, their collection practices and the legal standing of the debt. When XXXX recorded the original loan Deed of Trust XXXX their adding an additional parcel to our pledged real property was done in secrete, without our permission or approval or knowledge. Per California Civil Code Section 1700 a " material alteration of a contract '' " extinguishes any performance required of us '', the party that was not a party to the material alteration. The Loan Servicers and their attorneys know this and admitted the alteration of the deed of trust in court hearings and concerns that the 'debt could be determined noncollectable and the deed void in a future judicial proceeding ' and have listed the amount owed as {$0.00} but continue to attempt to collect debts monthly or will record a new non-judicial foreclosure. We are in our XXXX 's and this abuse is wearisome.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94801
Submitted Via: Web
Date Sent: 2023-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: My current mortage that is held thru Specialized Loan Servicing has a previous ballon payment that was done as a loan modification with XXXX XXXX XXXX XXXX my understanding of this modification was that it would reduce my payment an add 10 years to my mortgage Specialized loan Servicing has this amount listed as a ballon payment that will be due at the end of my Loan but continues to add this amount to my current principlae balance on my credit reporting making it look as if in the last 13 years I have only paid 4 % of my mortgage this is greatly reducing both my credit score and my credit utilization. I have made several attempts to coorect this with both the Company as well as the Credit reporting agencies to have it corrected for one month and then go back to reporting incorrect. The other question i have raised with Specialized Loan servicing is the amount of money that is being appled to my principal balance each month last month a payment of XXXX only XXXX was applied to my current principle balance after 13 years of paying on this mortgage my amooriztion should be higher than this. When i questioned this I was told it was because of the loan modification that I did this dosent seem accurate to me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Its a crime and SLS robbing me. I am requesting SLS referred to department for criminal complaint. SLS applying more than the amount of property tax bill and robbing again and again for financial mismanagement of payments. For XXXX property tax is {$3300.00} divide 12 months is {$270.00}. 7 I have been charged {$2700.00} for 3 months while payment should have been billed {$830.00} I have been charged for close 9 months property tax while as we are still XXXX or third month of the year. For 4 months I have been charged total of {$1.00}, XXXX ( XXXX x XXXX ) For 3 months I have charged total of {$1000.00} ( XXXX x XXXX ) STATEMENT DATED XX/XX/XXXX. Four payments of {$420.00} OF ESCROW AND IS WHAT PART FOR AND PROVIDE COUNTY TAX BILLS. I HAVE BEEN BILLED FOR 4 MONTHS {$420.00} TOTAL OF {$1700.00} how did SLS came up with figure? Three payments of {$350.00} OF ESCROW IS WHAT FOR PROVIDE FULL BRAKE DOWN OR ITEMIZED BILLS WITH COUNTY TAX BILL HOW DID SLS CAME UP WITH THIS FIGURE. According SSLS when the loan was transferred on XX/XX/XXXX payment was due from XX/XX/XXXX which means total of 43 payments. At that time my payment was P/I ONLY OF {$920.00} X XXXX = {$38000.00} OF {$60.00}, XXXX {$21000.00} has been stolen. This should refer by be law enforcement for criminal investigation such as FBI, DOJ for financial management. Of the {$60000.00} {$17000.00} payment applied and from 1 and 2 contradicting this should be referred to law enforcement for criminal investigation such as FBI, DOJ for financial management. Of the {$7800.00} payment applied {$2700.00} for 9 months and it should be 3 months only and over billing me this should be referred to law enforcement for criminal investigation such as FBI, DOJ for financial management. I have been robbed close {$50000.00} I made request in complaint for refund in prior complaint this he been and denied this should be referred to law enforcement for criminal investigation such as FBI, DOJ for financial management. Response to CFPB complaint dated XX/XX/XXXX states SLS paid {$720.00} to XXXX for home insurance for no reason. XXXX XXXXXXXX XXXX informed SLS I was paying my insurance and SLS should be paying insurance. I have paid my own insurance. My insurance form XXXXXXXX no payment has been made so SLS should referred to DOJ, FBI and law enforcement for criminal investigation. SLS does not payment or any other any other form confirmation from insurance company. SLS and every other mortgage needs declaration page of the insurance. When it to my attention around XX/XX/XXXX I provide declaration cover page. Confirmation form SLS is attached. CEO of SLS should get arrested.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was switched from XXXX XXXX to Specialized Loan Servicing, LLC in XXXX XXXXXXXX XXXX on XX/XX/. Before my loan was switched over, I was in the middle of a mortgage deferral program since I had lost my job. I didn't even receive a welcome letter from Specialists Loan Servicing until XX/XX/ that had all of the new information and account number on it. When I opened the packet, It stated that I owe {$11000.00} with a due date of XX/XX/ ... .. when they didn't even give me the information on time. I have called twice and they have stated that they are behind on the processing all the new loans they received from XXXX XXXX and that it would take them 60 days to fix this. It's only XXXX and I have since received multiple threatening letters stating that I'm seriously delinquent on the mortgage and that I need to contact them about possible loss mitigation. XXXX XXXX confirmed with me that they sent over everything to Specialized Loan Servicing and they even emailed me the packet that was sent to them. This company is using predator tactics by buying mortgages that are deferred with XXXX and pushing them info foreclosure without even attempting to correct the issues.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60640
Submitted Via: Web
Date Sent: 2023-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have been researching my consumer rights for the purpose of preparing this letter today. I have found information listed in the Fair Credit Reporting Act Title 15 U.S.C 1681 that is applicable to your responsibility as a credit reporting agency. In summation, these sections require that you conduct an investigation to determine the validity and accuracy of the items I am disputing. If you are unable to successfully prove them with verifiable proof, then you must remove them within 30 days of receipt of this letter. Please also note that verifiable proof includes all of the original documents, signatures, etc. that claim to be associated with each account aforementioned. I will not accept 3rd party verifications. In your correspondence, please include any and all evidence including the original signed documents. I have done my research and I know that you may use an electronic verification system from a third party to verify the accounts below. However, that will not suffice in this case because I am requesting copies and any and all original documents ( including original signatures ). Your failure to positively verify these accounts in the first place has impacted my ability to be trusted by potential creditors and progress in my life. Under the law aforementioned, unverified accounts must be removed. If you choose to keep these items on my credit profile, then I demand a copy of any and all of the verifiable proof that you claim to have. Please also remove any inquiries from my account that are not applicable to my credit profile.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 10011
Submitted Via: Web
Date Sent: 2023-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I want my mortgage company to send me my mortgage STATEMENT!! Not payment stubs which are unless and provide not information I am after. I shouldn't even have to go through CFPB to try to get this. They should be sending me this each month. And again, I DO NOT WANT ANY PAYMENT STUBS!!!!!! I want a MORTGAGE STATEMENT!!!!!! There is a big difference between the two. Let 's see if SLS and CMC know the difference.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77573
Submitted Via: Web
Date Sent: 2023-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Specialized Loan Servicing, ( SLS ) XXXX XXXX XXXX XXXX. XXXX XXXX, CO XXXX Consumer Financial Protection Bureau, ( cfpb ) 1700 G St. NW Washington , DC 20552 Bankruptcy Court to Take Judicial Notice of its Record. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Virginia XXXX Case No. XXXX Applicable to All Successors and/or XXXX Re : RESCISSION OF 2nd MORTGAGE LOAN NO. XXXX Property : XXXX XXXX XXXX XXXX VA XXXX, AS A DEFENSE TO ILLEGAL FORECLOSURE SCHEDUKED FOR XX/XX/XXXX, BY THE XXXX, XXXX XXXX, XXXX Notice to the agent is notice to the principal and notice to the principal is notice to the agent. Please take notice as follows : We have not received of any correspondence from XXXX XXXX XXXX XXXX XXXX, ( XXXX ) and Specialized Loan Servicing, ( SLS ), but XXXX illegally scheduled our primary residence for illegal foreclosure for XX/XX/XXXX, at XXXX as shown below ; XXXX XXXX XXXX XXXX added. XX/XX/XXXX XXXX. Bankruptcy Court Eastern District of Virginia must take Judicial Notice of its Dockets and cases on record and case records as shown below : - Please note that the above referenced loan was rescinded, and SLS, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX status was reduced from secured to unsecured and was discharged in Bankruptcy Cases as unsecured in XXXX XXXX bankruptcy because at the time of filing the property was under water, listed price of house at that time was {$370000.00} ( Schedule A Real Property XXXX. XXXX XXXX. XXXX ), no one objected, listed unsecured. In XXXX husband case No. XXXX, the XXXX XXXX offered to settle for 35 % of {$100000.00}, The husbands attorney listed remaining {$69000.00} of {$100000.00} as unsecured ( Schedule D XXXX Case No. XXXX ), notified XXXX XXXX & XXXX, no one objected, debtors husband was granted discharge, XXXX XXXX and XXXX never objected discharge. Specialized Loan Servicing, ( SLS ) falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged [ no one objected discharged ] in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX nonexistent/in active entity ] et al and their agents from collecting a discharged debt. Debtor and her husband disputed this debt with SLS, and XXXX and asked for verification and validation of the alleged debt repeatedly, from SLS via Certified Return Requested Mail Number XXXX and Certified Return Requested Mail Number XXXX dated XX/XX/XXXX, received by SLS and XXXX on XX/XX/XXXX, and on XX/XX/XXXX. In a letter dated XX/XX/XXXX, SLS informed and stated. The XXXX reference mortgage account was discharged from the XXXX XXXX Bankruptcy, therefore there is no longer a debt for us to validate. Please see Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; XXXX XXXX. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. SLS and its agents are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX al and their agents from collecting a discharged debt. We are asking the Bankruptcy Court to act for these violations against SLS, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX and all others involved in this civil theft. XXXX. NO NOTICE OF DEFAULT ISSUED OR SENT We have not received of any correspondence from XXXX XXXX XXXX XXXX XXXX, ( XXXX ) and Specialized Loan Servicing, ( SLS ), but XXXX illegally scheduled our primary residence for illegal foreclosure for XX/XX/XXXX, at XXXX There is no default, and you are forever barred to collect on a discharged loan. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX al and XXXX from collecting a discharged debt. For your information we disputed this debt with SLS, and XXXX and asked for verification and validation of the alleged debt, for SLS via Certified Return Requested Mail Number XXXX and Certified Return Requested Mail Number XXXX dated XX/XX/XXXX, received by SLS and XXXX on XX/XX/XXXX, and on XX/XX/XXXX. In a letter dated XX/XX/XXXX, SLS informed and stated. The XXXX reference mortgage account was discharged from the XXXX XXXX Bankruptcy, therefore there is no longer a debt for us to validate. SLS Letter dated XX/XX/XXXX On XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, we did ask again verification and validation of debt, which was not done as of today. Again, repeatedly we asked again but no response in connection with the verification and validation of the debt was received. XXXX. XXXX has listed our property for illegal foreclosure scheduled for XX/XX/XXXX, without any default notice, without verification and validation of debt. XXXX has listed our property for illegal foreclosure scheduled for XX/XX/XXXX, without any default notice, without verification and validation of debt. XXXX is advised also to see Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; XXXX XXXX. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. XXXX and SLS are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX al and XXXX from collecting a discharged debt. a ) The paperwork used in our case by XXXX, and its alter ego XXXX XXXX, XXXX, ( XXXX ) is fabricated, forged or irrelevant to ownership, authority or even balances. b ) XXXX and its predecessor law firm, XXXX XXXX XXXX XXXX XXXX had a pattern and practice of creating questionable documents. In fact, upon information and belief, when questioned and investigated regarding such and other irregular and fraudulent documents, XXXX changed its name from XXXX XXXX XXXX XXXX XXXX to its present name XXXX XXXX XXXX XXXX. c ) SLS, XXXX and its alter ego have engaged in a pattern of conduct that involves fabrication of documents, fraud, forgery, robo-signing etc., that the pattern of conduct exists, and that pattern of conduct has a nexus ( connection ) to the case at bar. d ) XXXX prepared documents from XXXX CALIFORNIA, where XXXX does not exist to be included in false filings to commit civil theft. XXXX ) XXXX and XXXX et al the attorneys of XXXX authorized non-lawyer members of XXXX Laws staff to sign their name on the documents, including affidavits. f ) XXXX and XXXX XXXX al instructed the staff members ( who were also notaries public ) to notarize the affidavits, even though he had not signed them. g ) As to the nature of the ethical duty violated, by robo-signing a large number of documentsincluding falsely notarized affidavitsin foreclosure filings, XXXX attorneys : ( XXXX ) made false statements of fact to tribunals ; ( XXXX ) instructed non-lawyer members of XXXX Laws staff to engage in conduct that was incompatible with XXXX attorneys professional obligations ; and ( XXXX ) engaged in conduct that negatively impacted the efficacy of the courts and the publics perception of the legal profession. h ) XXXX attorney et al ( XXXX ) showed a pattern of misconduct by authorizing signatures in at least XXXX foreclosure actions over the course of XXXX months ; and ( XXXX ) committed multiple offenses ( at least more than XXXX of them ). i ) On XX/XX/XXXX, the hearing judge filed, an opinion including findings of fact and concluding that XXXX and XXXX alter egos owner XXXX XXXX XXXX violated XXXX XXXX ( a ) ( XXXX ) ( Making or Failing to Correct a False Statement to a Tribunal ), XXXX ( a ) ( Responsibilities Regarding Non-Lawyer Assistants ), XXXX ( a ) ( violated the Maryland XXXX ' Rules of Professional Conduct - ( Violating XXXX ), and XXXX ( d ) ( Conduct Prejudicial to the XXXX XXXX XXXX ). j ) The false notice of default, and illegal scheduling for our property for XX/XX/XXXX in XXXX Laws filings in our case were : ( XXXX ) falsely issued from California, where XXXX does not exist ; ( XXXX ) not signed by XXXX XXXX XXXX, XXXX XXXX XXXX and others, ( XXXX ) owned and represented XXXX ; ( XXXX ) failed to seek aid and direction from the court when requested by us. XXXX ) We aver that XXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX XXXX ego and their owners including XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX et al, violated Virginia Lawyers ' Rules of Professional Conduct in our case. l ) Upon information and belief, XXXX XXXX XXXX, XXXX XXXX and XXXX, attorneys, and principals of XXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX XXXX XXXX XXXX ego Equity. XXXX knew or should have known that non-creditors terminated trustee XXXX XXXX, non-existent XXXX XXXX XXXX XXXX XXXX did not satisfy conditions precedent to Notice of default in our case for VOID DOT, failed to act impartially towards us due to incentives which caused XXXX through its XXXX ego to rapidly, send false notices of default and conduct civil theft in violation of federal and state laws. m ) XXXX and its created the shell entity, violated law by sending us same form letters containing language that overshadowed and contradicted disclosures required by law, threatening to act of wrongfully committing civil theft, not intended to be taken, attempting to collect debt without providing mandatory disclosure required. XXXX ) XXXX violated law by communicating us when it knew we were not in default and were represented. On XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, we did mail to XXXX, SLS and XXXX XXXX Bank XXXX response to their letter dated XX/XX/XXXX, and XX/XX/XXXX via UPS XXXX XXXX XXXX below ; XXXX ) Tracking XXXX, sent to SLS XXXX by them on XX/XX/XXXX XXXX ) Tracking Number XXXX, sent to XXXX XXXX, received by them on XX/XX/XXXX, at XXXX SLS et al failed to verify and validate the debt and referred it to XXXX which is a Clear VIOLATION of FDCPA and other Federal and State Laws XXXX and its alleged client SLS willfully violated the Bankruptcy discharge stay by, among other things, prosecuting an illegal default notice with intent to illegally commit civil theft action through the law firm/attorney XXXX action, forcing us to move, secretly sending false Bailee letter to XXXX, failing to protect the residence from looting, refusing and, and subjecting the XXXX to a mortgage modification XXXX. Pursuant to 362 ( k ) ( 1 ), SLS and XXXX are liable for all damages incurred between the initial violation of the bankruptcy discharge. XXXX ) The subject loan was rescinded within 03 years with, National City Mortgage a division of XXXX XXXX XXXX XXXX Indiana, ( XXXX XXXX XXXX ), XXXX XXXX XXXX, ( XXXX ), the prior servicer and XXXX and later as a defense to foreclosure., XXXX XXXX XXXX XXXX SLS and XXXX intentionally ignored our rescission notice and failed to act within 20 days window and by operation of law rescission was self-imposed and their status was reduced from secured to unsecured creditors. XXXX ) The subject loan was unsecured and listed as in Bankruptcy cases and was discharged. SLS XXXX of XX/XX/XXXX, XX/XX/XXXX, and XXXX letter dated XX/XX/XXXX, and scheduling of illegal foreclosure for XX/XX/XXXX are in violation of Rescission, Bankruptcy Discharge, and Bankruptcy laws. XXXX ) XXXX, XXXX and SLSs failure to perform as requested showed bad faith and established the fact that XXXX, XXXX, XXXX XXXX XXXX XXXX and SLS XXXX XXXX abusive, deceptive, false, and unfair collection tactics against us as a consumer. Furthermore, since XXXX, XXXX, XXXX XXXX XXXX XXXX and SLS remained silent to our request or were unable to verify and validate the debt as above, the legal concepts of estoppel by acquiescence and tacit admission came into play whereby the alleged debt was admitted invalid, a nullity, and unenforceable, and thereby repudiated in its entirety ab XXXX XXXX XXXX. We hereby object and dispute the alleged debt because this is the violation of the rescission and XXXX XXXX Bankruptcy Discharges, and you and your alleged client can not add any fee and or amount to that, discharged debt. XXXX must ask its alleged client to provide the following accounting ledgers. XXXX ) Servicers REMITTANCE LEDGER, since inception. XXXX ) XXXX XXXX XXXX XXXX, since inception. XXXX ) Trustees REMITTANCE LEDGER, since inception. XXXX ) Distribution Report amount received through and entered in above ledgers. XXXX ) XXXX, Cash Flow Statement : Please provide us with, XXXX, Cash Flow Statement. We have an asset that you are holding of ours that you failed to give credit to us, where the alleged creditor has made a mistake, is that they are likely carrying our asset on liability ledger of balance from your accounts receivable. XXXX ) We have already requested to you and your predecessors and are requesting again from you, your alter ego, to go and check the record, asset side ( receivable side ) and liability side ( accounts pay able ) of the accounting ledger. XXXX ) On the corporate liability off balance sheet ledgers, there has been a setoff deposited there and while comparing both sets of books, you will see there is a setoff, which is a claim under civil rule XXXX, which we have timely invoked and are invoking again for the record for future use. XXXX ) We signed the promissory note under UCC Article 3 and after securitization it comes under the Article XXXX and you, and your alleged client have failed to record a debt to us on their liability side of the ledger. XXXX ) Your client being the alleged creditor, have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ). XXXX ) You and your alleged client did not adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the accounting ledger. All you and your alleged client have done is to keep the ledger separate and commit fraud upon fraud, in committing this civil theft. XXXX ) We also request you SLS, your alter ego XXXX, XXXX its owners, servants, employees, and agents to go and see both accounts receivable and accounts payable and to do a setoff under XXXX XXXX as the debt is extinguished from the books when we tendered the promissory note to you. Under Article 9 in commercial law everything becomes the cash proceeds. XXXX ) We also request you to produce XXXX registration statement which will indicate that your alleged clients have sold the note and that is a transfer and your alleged client and or its agents are not the real party in interest. XXXX ) The balance sheet, a XXXX, XXXX, and XXXX, have XXXX numbers on them which will tell you that Factious entity including XXXX XXXX XXXX, XXXX, XXXX, have sold the note. ( These balance sheets are subject to disclosure under the privacy act, Title 5 USC 552 ( b ) ( 4 ). XXXX ) Your alleged clients are required to file balance sheets, under USC 248 and 347 with the Federal Reserve XXXX. The balance sheets show the assets and liability that you have use in accounting. The liability would be the promissory note. It is liability because it is an asset to us. XXXX ) We have decided why to carry the payables on the books if it has been abandoned. Why not write them off and sell them for more cash. Your alleged client and its agents are calling it an offset accounting, but in UCC it is called a recoupment. XXXX ) We hereby do a defense in recoupment under UCC 3-305 and claim under 3-306. XXXX ) We have a possessory and property claim against the cash proceeds under the liability side of the ledger. XXXX ) As per UCC 3-306, there can not be a holder in due course on the promissory note after your client has deposited it. XXXX ) Your clients are doing an off-balance sheet entry. This means that your clients have taken our note after they sold it, instead of showing it on balance sheet they have moved over to some other entities balance sheet. It is no longer on the banks books, and this is called off balance sheet bookkeeping. XXXX ) You and your client are not showing the liability side of the ledger or the accounts payable because it has been moved over to someone elses balance sheet. XXXX ) Now we are bringing in recoupment on behalf of the real party of interest which are us because we are the real creditor against the liability side of the account. XXXX. Abusive/Deceptive/Unfair and Deceptive Practices Neither CLS nor the SLS, ( Servicers XXXX did not comply with all federal and state requirements in connection with the servicing as stated above in paragraphs XXXX above ; they violated rescission laws and Bankruptcy Discharge and repeatedly sent us notices/letters in violation of FDCPA when Deed of Trust, ( DOT XXXX ) was VOID due to rescission. They were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs.We have correctly requested to Consumer Financial Protection Bureau, ( Cfpb ) and requested to take action against, them, for this fraudulent debt, in violation of 15U.S.C. 1692e ( 2 ) ( A ), threatened to take an action that can not legally be taken or that it did not intend to take, in violation of 1692e ( 5 ), and used a false representation or deceptive means to collect or attempt to collect a debt, in violation of 1692e ( 10 ). Under Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX and SLS and its XXXX XXXX are legally required to refrain from committing, XXXX. XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and it alter egos UDAAPs caused significant financial injury to us as consumer, erode confidence, and undermine fair competition in financial marketplace. XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and its XXXX ego under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against XXXX in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to provide substantial assistance knowingly or recklessly to a covered person, XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and its XXXX ego or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ). XXXX. Failure to Response/Acquiescence/Admission Please note that in the past we sent to your office and others our, NOTICE OF RESCISSION AS DEFENCE TO FPRECLOSURE PURSUANT TO 11. U.S.C 1635 ( i ) ( 2 ) and the XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and its XXXX ego without reading it, acknowledged our Rescission Notice and failed to act required within 20 days as required by the Statue and rescission is self-imposed by operation of law. Your abusive, deceptive, and unfair debt collection practices by debt collectors ; we have already sent Dispute letter to other actors in this fraud and have not heard any response from them. Your failure to perform as herein requested have shown bad faith and established the fact that you are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. The actual XXXX XXXX representing the WHOLE accounting for every XXXX that went in and every XXXX that went out that related to each loan or was attributable to each loan for which there is no accounting in existence because if it existed it would need to be produced and if it was produced it would be discovered that two things are true. ( a ) that the balance owed on the obligation of the homeowner had been paid down by resort to undisclosed funds created from the transaction between the borrower and the investor-lenders and ( b ) that far more money went into the system than went out, leaving the intermediaries richer and the investor-lenders and homeowners poorer. Accordingly, we hereby rescinded said Mortgage Loan as a full and complete defense to your any illegal intent to illegally foreclose based on a VOID Instrument ( DOT ) on our promissory residence pursuant to 11 U.S.C 1635 ( i ) ( 2 ), when we are not in default. Through the Qualified Written Request, ( XXXX ) and other Dispute, and Cease and Desist letters/Notices, we have requested accountings, ledgers and other information were not provided by the XXXX XXXX XXXX XXXX XXXX, XXXX and SLS. See XXXX XXXX para XXXX. Please see also Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; XXXX XXXX. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, and XXXX XXXX al from collecting a discharged debt. XXXX. XXXX XXXX XXXX XXXX, XXXX, XXXX ( previous servicer ) and SLS ( current servicer ) did not comply with all federal and state requirements in connection with their servicing as stated above in paragraphs above. XXXX XXXX XXXX, XXXX, XXXX and SLS violated rescission laws, bankruptcy laws, bankruptcy discharge and repeatedly threatened to schedule for illegal foreclosure when Deed of Trust XXXX XXXX DOT ) was VOID due rescission. Id XXXX XXXX XXXX, XXXX, XXXX and SLS were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( XXXX ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. XXXX ) The claim that we ( originator and maker ) can make is set off because XXXX XXXX XXXX, XXXX, XXXX and SLS has sold an unregistered note and can not be a holder in due course because they are taking it subject to administrative and commercial claims. They have created a mortgage purchase loan ( 16 CFR 433.1 ). This whole process is not about mortgage at all, because they have sold the note and received the funds and closed the account by assuming, they have repaid the originator ( XXXX ) on the loan. If they have already repaid the originator ( us ) on the loan, the living man who signed the note, then the whole thing is closed. XXXX ) We request XXXX XXXX XXXX, XXXX, XXXX and SLS to go and check both sets of books and to do the setoff as we are bringing the offsetting claim under the rules of procedure as they have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ) and failed to adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the ledger. XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX and SLS are not applying the correct accounting entries under GAAP and XXXX and not giving the claim to us, as we have the processionary right in the instrument and its proceeds under section 3-306 of the UCC. XXXX ) If XXXX XXXX XXXX, XXXX, XXXX and SLS, and their agents have valid authority from the creditor to proceed in this matter, please note that the subject loan has been rescinded, under TILA within three years and as a defense to foreclosure and alleged creditors status has been reduced from secured to unsecured creditor and discharged in XXXX XXXX bankruptcy. XXXX ) Since you or your alleged creditor failed to dispute the rescission or take the requisite next steps within 20 days and rescission is self-imposed and you and your alleged creditor is in violation of TILA again. XXXX ) Upon serving the notice of rescission, the TILA statute and Regulation Z states that by operation of the law, the security interest automatically becomes void, and the debtor is relieved of any obligation to pay any finance or other charge ( XXXX XXXX. XXXX ( b ), XXXX. Z XXXX ( d ) ( XXXX ), XXXX ( d ) ( XXXX ) ). XXXX ) Our Notice of Rescission has reduced XXXX XXXX XXXX, XXXX, XXXX and SLS and other alleged creditors, as unsecured creditors. The facts and circumstances that we filed a copy of the notice of rescission as a defense to foreclosure. Thus, since the security interest is automatically voided per TILA and Regulation Z upon rescission, the mortgage note is no longer secured, classified as unsecured and discharge in bankruptcy. XXXX ) In addition, please provide a complete and itemized transaction history of the subject loan [ discharge in bankruptcy ] that we are entitled to under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g. XXXX ) We dispute that we are in default since there seems to be irregularities in how payments have been applied as well as escalated fees and charges, when the loan is performing and is in the trust per your statements. XXXX ) We are unable to resolve the dispute as to the balance claimed due without the life of bankruptcy discharge loan history and an explanation of how any late fees or other administrative fees have been assessed and applied. YOU ARE HEREBY ON NOTICE THAT XXXX XXXX XXXX AND XXXX XXXX XXXX ARE DISPUTING THIS ALLEGED DEBT, WHICH WAS DISCHARGED IN OUR XXXX XXXX BANKRUPTCY, AND XXXX XXXX XXXX, XXXX, XXXX and SLS, XXXX XXXX XXXX XXXX XXXX XXXX Entity ] AND ITS XXXX EGO ARE IN VIOLATION OF BANKRUPTCY DISCHARGE THROUGH SLS. A. PLEASE CEASE & DESIST YOUR ILLEGAL COLLECTION ACTIVITIES AND ANY INTENT TO TAKE ANY ILLEGAL ACTION INCLUDING WRONGFUL AND ILLEGAL FORECLOSURE ACTION BASED ON A VOID INSTRUMENT, DISCHARGE LOAN, AND REFRAIN FROM ILLEGAL ATTEMPTS TO COLLECT ON A RESCINDED AND DISCHARGED LOAN PURSUANT TO BANKRUPTCY RULES AND TILA AND AS A DEFENSE TO FORECLOSURE, REPEATEDLY RECEIVED BY XXXX XXXX XXXX, XXXX, XXXX and SLS, XXXX XXXX XXXX XXXX XXXX XXXX Entity ] AND ITS PREDECESSORS, THEIR AGENTS, SERVENTS AND EMPLOYEES. B. IN ADDITION, WE ARE DISPUTING THE DEBT ALLEGEDLY OWED TO YOUR ALLEGED OWNER BECAUSE YOU, ARE JUST THE SERVICERS AGENT AND WHEN THE LOAN IS SECURITIZED AND IS IN XXXX TRUST, WE ARE NOT DEALING WITH ANY LENDER/CREDITOR, BECAUSE XXXX TRUSTS XXXX NOT HAVE LENDERS/CREDITORS, AS FALSELY STATED BY YOU IN YOUR LETTER CITED ABOVE. XXXX WE ARE REQUESTING PROOF OF OWNERSHIP AND/OR ENTITLEMENT RIGHT, WITH ALL REQUEST MADE ABOVE IN EACH PARA ABOVE. XXXX PLEASE REMOVED THE VOID DEED OF TRUST FROM THE LANDS RECORD XXXX Please see also Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; Case No. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents, XXXX XXXX XXXX XXXX XXXX, SLS, XXXX XXXX, XXXX XXXX XXXX XXXX an inactive entity since XXXX ] and XXXX XXXX al from collecting a discharged debt. XXXX Through our letter dated XX/XX/XXXX, and XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX we did ask your client SLS to verify and validate the debt, and as of today your client have failed to verify and validate the debt. XXXX Pursuant to FDCPA the window to verify and or validate the debt has been shut upon SLS. XXXX and other players in this civil theft. H. We will be filing a Civil Action against XXXX XXXX SLS for scheduling our primary residence for illegal, foreclosure for XX/XX/XXXX without verification/validation of debt which was discharge in XXXX XXXX bankruptcies and there is a permanent injunction because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX al and XXXX XXXX XXXX a discharged debt. Signed with reservation of all rights, Respectfully yours _________________ ___________________ XXXX XXXX & XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 20148
Submitted Via: Web
Date Sent: 2023-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Sold my house in foreclosure without my notice and returning my payment in XXXX XXXX and XXXX for XXXX XXXX each check before foreclosure XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TN
Zip: 374XX
Submitted Via: Web
Date Sent: 2023-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A