{"took":278,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":43,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"4149875","_score":19.815922,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have submitted my Chapter XXXX Discharge paperwork NUMEROUS TIMES!!! Due to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my business, my retirement, everything I had and the judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! \n\nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a law suit against them and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to my credit. I have had ENOUGH! \n\nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \n\nPLEASE!!! LOOK at the attachments! THE DISCHARGE PAPER FROM THE COURT is CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-02-18T23:44:11.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4149875","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2021-02-18T23:44:08.000Z","state":"AK","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[19.815922,"4149875"]},{"_index":"complaint-public-v1","_id":"4149946","_score":19.81529,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have submitted my Chapter XXXX Discharge paperwork NUMEROUS TIMES!!! Due to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my business, my retirement, everything I had and the judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! \n\nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a law suit against them and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to my credit. I have had ENOUGH! \n\nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \n\nPLEASE!!! LOOK at the attachments! THE DISCHARGE PAPER FROM THE COURT is CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-02-18T23:49:40.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4149946","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-02-18T23:44:55.000Z","state":"AK","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[19.81529,"4149946"]},{"_index":"complaint-public-v1","_id":"4149876","_score":19.788933,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have submitted my Chapter XXXX Discharge paperwork NUMEROUS TIMES!!! Due to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my XXXX, my retirement, everything I had and the judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a PHEAA for \" collection '', which is totally ILLEGAL! Now, both PHEAA AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! \n\nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a law suit against them and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to my credit. I have had ENOUGH! \n\nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \nPLEASE!!! LOOK at the attachments! THE DISCHARGE PAPER FROM THE COURT is CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-02-18T23:44:11.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4149876","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AES/PHEAA","date_received":"2021-02-18T23:44:08.000Z","state":"AK","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a PHEAA for \" collection '', which is totally ILLEGAL! Now, both PHEAA AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[19.788933,"4149876"]},{"_index":"complaint-public-v1","_id":"4149866","_score":19.764753,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have submitted my Chapter XXXX Discharge paperwork NUMEROUS TIMES!!! Due to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my business, my retirement, everything I had and the judge declared by case to be a hardship case and ruled that even the student loan to NAVIENT was discharged. NAVIENT was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND NAVIENT are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! \n\nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a law suit against them and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to my credit. I have had ENOUGH! \n\nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \n\nPLEASE!!! LOOK at the attachments! THE DISCHARGE PAPER FROM THE COURT is CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-02-18T23:44:04.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4149866","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2021-02-18T23:21:57.000Z","state":"AK","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["NAVIENT was aware and, as indicated in the paperwork I am RESUBMITTING, had reported to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n\n2 years later, they decide to pass it off AFTER BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND NAVIENT are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[19.764753,"4149866"]},{"_index":"complaint-public-v1","_id":"4154086","_score":18.173351,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Submitting my Complaint AGAIN and WILL CONTINUE to do so EVERY DAY until SOMEONE LOOKS at the documents and these two companies are REMOVED from my report or at the VERY least, reported CORRECTLY!!! \nDue to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my business, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! It is bad enough that my credit report is showing a bankruptcy that hurts me, but to now have these TWO companies reporting FALSE information and CONTINUING to get away with what is a CLEAR violation, is just baffling and infuriating to me! That has the ENTIRE point of Chapter XXXX and DEFEATS the purpose! \nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a lawsuit and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to me over my credit report. I have had ENOUGH! \nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \nLOOK at the attachments! THIS IS NOT ROCKET SCIENCE! You asked for Documentation and I have given it. AGAIN AND AGAIN AND AGAIN! \n\nTHE DISCHARGE PAPER FROM THE COURT IS CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-02-21T05:53:01.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4154086","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-02-21T00:48:38.000Z","state":"AK","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[18.173351,"4154086"]},{"_index":"complaint-public-v1","_id":"10137282","_score":17.754457,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally demand immediate action regarding your improper handling of my account, specifically related to the vehicle loan tied to XXXX XXXX and account number ending in XXXX. As evidenced by the enclosed IRS Form 1099-C, dated XX/XX/XXXX, my debt in the amount of {$38000.00} was legally discharged on that date. Despite this discharge, XXXX XXXX has continued to collect payments from me and has also reported this account as charged off and delinquent on my credit report since XX/XX/XXXX. \n\nViolations : Failure to Recognize XXXX XXXX : Under federal law, once a debt is discharged, creditors are prohibited from taking any further action to collect the debt. XXXX XXXX continued collection efforts, following the discharge documented in the 1099-C, violate the Fair Debt Collection Practices Act ( FDCPA ) and U.S. Bankruptcy Code ( 11 U.S. Code 524 ), which both protect consumers from creditor collection attempts on discharged debts. \n\nRepossession and Sale of the Vehicle : XXXX XXXX repossessed the vehicle despite the discharge of the loan. You then sold the vehicle and retained all proceeds from the sale, which is an additional violation of my rights. Since the loan was legally discharged, any collection activityincluding repossessionwas illegal. I am entitled to recover the total amount of payments made after the discharge, as well as the proceeds from the sale of the vehicle. \n\nFalse Credit Reporting : Despite the debt cancellation, XXXX XXXX has continued to report the account as \" charged off '' and delinquent, causing significant damage to my credit report. This is in clear violation of the Fair Credit Reporting Act ( FCRA ), which mandates that creditors furnish accurate information to credit reporting agencies. XXXX XXXX continued false reporting has caused significant harm to my financial reputation, including denied credit applications, increased interest rates, and emotional distress for over three years.","date_sent_to_company":"2024-09-16T19:58:50.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"19146","tags":"Servicemember","has_narrative":true,"complaint_id":"10137282","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-09-16T19:58:47.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["XXXX XXXX continued collection efforts, following the discharge documented in the 1099-C, violate the Fair Debt Collection Practices Act ( FDCPA ) and U.S. Bankruptcy Code ( 11 U.S. Code 524 ), which both protect consumers from creditor collection attempts on discharged debts. \n\nRepossession and Sale of the Vehicle : XXXX XXXX repossessed the vehicle despite the discharge of the loan."],"product":["Credit reporting or other personal consumer reports"],"issue":["Incorrect information on your report"],"sub_product":["Credit reporting"]},"sort":[17.754457,"10137282"]},{"_index":"complaint-public-v1","_id":"10137085","_score":17.745735,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally demand immediate action regarding your improper handling of my account, specifically related to the vehicle loan tied to XXXX XXXX and account number ending in XXXX. As evidenced by the enclosed IRS Form 1099-C, dated XX/XX/XXXX, my debt in the amount of {$38000.00} was legally discharged on that date. Despite this discharge, XXXX XXXX has continued to collect payments from me and has also reported this account as charged off and delinquent on my credit report since XX/XX/XXXX. \n\nViolations : Failure to Recognize Debt Discharge : Under federal law, once a debt is discharged, creditors are prohibited from taking any further action to collect the debt. XXXX XXXX continued collection efforts, following the discharge documented in the 1099-C, violate the Fair Debt Collection Practices Act ( FDCPA ) and U.S. Bankruptcy Code ( 11 U.S. Code 524 ), which both protect consumers from creditor collection attempts on discharged debts. \n\nRepossession and Sale of the Vehicle : XXXX XXXX repossessed the vehicle despite the discharge of the loan. You then sold the vehicle and retained all proceeds from the sale, which is an additional violation of my rights. Since the loan was legally discharged, any collection activityincluding repossessionwas illegal. I am entitled to recover the total amount of payments made after the discharge, as well as the proceeds from the sale of the vehicle. \n\nFalse Credit Reporting : Despite the debt cancellation, XXXX XXXX has continued to report the account as \" charged off '' and delinquent, causing significant damage to my credit report. This is in clear violation of the Fair Credit Reporting Act ( FCRA ), which mandates that creditors furnish accurate information to credit reporting agencies. XXXX XXXX continued false reporting has caused significant harm to my financial reputation, including denied credit applications, increased interest rates, and emotional distress for over three years.","date_sent_to_company":"2024-09-16T19:58:38.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"19146","tags":"Servicemember","has_narrative":true,"complaint_id":"10137085","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-09-16T19:18:04.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["XXXX XXXX continued collection efforts, following the discharge documented in the 1099-C, violate the Fair Debt Collection Practices Act ( FDCPA ) and U.S. Bankruptcy Code ( 11 U.S. Code 524 ), which both protect consumers from creditor collection attempts on discharged debts. \n\nRepossession and Sale of the Vehicle : XXXX XXXX repossessed the vehicle despite the discharge of the loan."],"product":["Credit reporting or other personal consumer reports"],"issue":["Incorrect information on your report"],"sub_product":["Credit reporting"]},"sort":[17.745735,"10137085"]},{"_index":"complaint-public-v1","_id":"10137281","_score":17.731346,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally demand immediate action regarding your improper handling of my account, specifically related to the vehicle loan tied to XXXX XXXX and account number ending in XXXX. As evidenced by the enclosed IRS Form 1099-C, dated XX/XX/XXXX, my debt in the amount of {$38000.00} was legally discharged on that date. Despite this discharge, XXXX XXXX has continued to collect payments from me and has also reported this account as charged off and delinquent on my credit report since XX/XX/XXXX. \n\nViolations : Failure to Recognize Debt Discharge : Under federal law, once a debt is discharged, creditors are prohibited from taking any further action to collect the debt. XXXX XXXX continued collection efforts, following the discharge documented in the 1099-C, violate the Fair Debt Collection Practices Act ( FDCPA ) and U.S. Bankruptcy Code ( 11 U.S. Code 524 ), which both protect consumers from creditor collection attempts on discharged debts. \n\nRepossession and Sale of the Vehicle : XXXX XXXX repossessed the vehicle despite the discharge of the loan. You then sold the vehicle and retained all proceeds from the sale, which is an additional violation of my rights. Since the loan was legally discharged, any collection activityincluding repossessionwas illegal. I am entitled to recover the total amount of payments made after the discharge, as well as the proceeds from the sale of the vehicle. \n\nFalse Credit Reporting : Despite the debt cancellation, XXXX XXXX has continued to report the account as \" charged off '' and delinquent, causing significant damage to my credit report. This is in clear violation of the Fair Credit Reporting Act ( FCRA ), which mandates that creditors furnish accurate information to credit reporting agencies. XXXX XXXX continued false reporting has caused significant harm to my financial reputation, including denied credit applications, increased interest rates, and emotional distress for over three years.","date_sent_to_company":"2024-09-16T19:58:50.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"19146","tags":"Servicemember","has_narrative":true,"complaint_id":"10137281","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-09-16T19:58:47.000Z","state":"PA","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["XXXX XXXX continued collection efforts, following the discharge documented in the 1099-C, violate the Fair Debt Collection Practices Act ( FDCPA ) and U.S. Bankruptcy Code ( 11 U.S. Code 524 ), which both protect consumers from creditor collection attempts on discharged debts. \n\nRepossession and Sale of the Vehicle : XXXX XXXX repossessed the vehicle despite the discharge of the loan."],"product":["Credit reporting or other personal consumer reports"],"issue":["Incorrect information on your report"],"sub_product":["Credit reporting"]},"sort":[17.731346,"10137281"]},{"_index":"complaint-public-v1","_id":"4169191","_score":17.570543,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Once again, I submitted my complaint, and once again, XXXX less than 2 days sent a message saying they were \" investigating '' and then sent an email saying it was \" updated '', but did NOTHING! It is like NO ONE is actually LOOKING or READING any of the attachments, including the discharge from the BANKRUPTCY COURT showing ALL Student loans, including XXXX were discharged. It was discharged due to hardship because of an injury. \n\nNot ONLY did XXXX turn around and SELL OFF the discharged debt for someone ele to try and collect on AFTER discharge, which is illegal, PHEAA is now claiming I owe {$20000.00} addtional in fees. ( HA HA HA HA HA HA HA ). AS IF! In 3 years it went from {$21000.00} to {$43000.00}? That's AMAZING! \n\nAs previously stated. I will submit all my paperwork EVERY DAY until THIS IS PROPERLY taken care of as it is FRAUD and WRONG! it goes against EVERYTHING CFPB is set up to do and so much for protection to me under Federal law!!!!!! These companies are getting away with breaking FEDERAL BANKRUPTCY LAWS and NO ONE seems to give a XXXX! I am XXXX and XXXX and this is incredibly frustrating to have to explain the obvious and NO ONE READS!!!! \n\nSubmitting my Complaint AGAIN and WILL CONTINUE to do so EVERY DAY until SOMEONE LOOKS at the documents and these two companies are REMOVED from my report or at the VERY least, reported CORRECTLY!!! \nDue to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX I lost my XXXX, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a PHEAA for \" collection '', which is totally ILLEGAL! Now, both PHEAA AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! It is bad enough that my credit report is showing a bankruptcy that hurts me, but to now have these TWO companies reporting FALSE information and CONTINUING to get away with what is a CLEAR violation, is just baffling and infuriating to me! That has the ENTIRE point of Chapter XXXX and DEFEATS the purpose! \nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a lawsuit and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to me over my credit report. I have had ENOUGH! \nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \n\nLOOK at the attachments! THIS IS NOT ROCKET SCIENCE! You asked for Documentation and I have given it. AGAIN AND AGAIN AND AGAIN! \n\nTHE DISCHARGE PAPER FROM THE COURT IS CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-02-26T21:29:22.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4169191","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AES/PHEAA","date_received":"2021-02-26T20:24:54.000Z","state":"AK","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Under my chapter XXXX I lost my XXXX, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a PHEAA for \" collection '', which is totally ILLEGAL!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[17.570543,"4169191"]},{"_index":"complaint-public-v1","_id":"4175119","_score":17.570103,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Once again, I submitted my complaint, and once again, less than 2 days sent a message saying they were \" investigating '' and then sent an email saying it was \" updated '', but did NOTHING! It is like NO ONE is actually LOOKING or READING any of the attachments, including the discharge from the BANKRUPTCY COURT showing ALL Student loans, including XXXX were discharged. It was discharged due to hardship because of an injury. \nNot ONLY did XXXX turn around and SELL OFF the discharged debt for someone else to try and collect on AFTER discharge, which is illegal, XXXX is now claiming I owe {$20000.00} additional in fees. In 3 years it went from {$21000.00} to {$43000.00}? That's AMAZING! \nAs previously stated. I will submit all my paperwork EVERY DAY until THIS IS PROPERLY taken care of as it is FRAUD and WRONG! it goes against EVERYTHING CFPB is set up to do and so much for protection to me under Federal law!!!!!! These companies are getting away with breaking FEDERAL BANKRUPTCY LAWS and NO ONE seems to give a XXXX! I am injured and disabled and this is incredibly frustrating to have to explain the obvious and NO ONE READS!!!! \nSubmitting my Complaint AGAIN and WILL CONTINUE to do so EVERY DAY until SOMEONE LOOKS at the documents and these two companies are REMOVED from my report or at the VERY least, reported CORRECTLY!!! \nDue to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my business, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! It is bad enough that my credit report is showing a bankruptcy that hurts me, but to now have these TWO companies reporting FALSE information and CONTINUING to get away with what is a CLEAR violation, is just baffling and infuriating to me! That has the ENTIRE point of Chapter XXXX and DEFEATS the purpose! \nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a lawsuit and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to me over my credit report. I have had ENOUGH! \nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \nLOOK at the attachments! THIS IS NOT ROCKET SCIENCE! You asked for Documentation and I have given it. AGAIN AND AGAIN AND AGAIN! \n\nTHE DISCHARGE PAPER FROM THE COURT IS CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-03-01T21:18:17.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4175119","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-03-01T21:14:54.000Z","state":"AK","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Under my chapter XXXX, I lost my business, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a XXXX for \" collection '', which is totally ILLEGAL!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[17.570103,"4175119"]},{"_index":"complaint-public-v1","_id":"4174899","_score":17.566814,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Once again, I submitted my complaint, and once again, less than 2 days sent a message saying they were \" investigating '' and then sent an email saying it was \" updated '', but did NOTHING! It is like NO ONE is actually LOOKING or READING any of the attachments, including the discharge from the BANKRUPTCY COURT showing ALL Student loans, including XXXX were discharged. It was discharged due to hardship because of an injury. \nNot ONLY did XXXX turn around and SELL OFF the discharged debt for someone else to try and collect on AFTER discharge, which is illegal, XXXX is now claiming I owe {$20000.00} additional in fees. In 3 years it went from {$21000.00} to {$43000.00}? That's AMAZING! \nAs previously stated. I will submit all my paperwork EVERY DAY until THIS IS PROPERLY taken care of as it is FRAUD and WRONG! it goes against EVERYTHING CFPB is set up to do and so much for protection to me under Federal law!!!!!! These companies are getting away with breaking FEDERAL BANKRUPTCY LAWS and NO ONE seems to give a XXXX! I am injured and XXXX and this is incredibly frustrating to have to explain the obvious and NO ONE READS!!!! \nSubmitting my Complaint AGAIN and WILL CONTINUE to do so EVERY DAY until SOMEONE LOOKS at the documents and these two companies are REMOVED from my report or at the VERY least, reported CORRECTLY!!! \nDue to an injury, I am NO LONGER ABLE to work. Under my chapter XXXX, I lost my business, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a PHEAA for \" collection '', which is totally ILLEGAL! Now, both XXXX AND XXXX are reporting to all the credit bureaus that this DISCHARGED DEBT is PAST DUE! It was NEVER past due! EVER. It was deferred or in forbearance, but NEVER LATE! It is bad enough that my credit report is showing a bankruptcy that hurts me, but to now have these TWO companies reporting FALSE information and CONTINUING to get away with what is a CLEAR violation, is just baffling and infuriating to me! That has the ENTIRE point of Chapter XXXX and DEFEATS the purpose! \nI am REALLY, REALLY tired of these companies getting away with reporting something that was LEGALLY under FEDERAL LAW DISCHARGED. I am about to file a lawsuit and I will drag in every doctor, judge and person I know for the pain and infliction these companies are causing to me over my credit report. I have had ENOUGH! \nHOW MUCH DOCUMENTATION does it take to get SOMEONE to REALLY DO SOMETHING?? \nLOOK at the attachments! THIS IS NOT ROCKET SCIENCE! You asked for Documentation and I have given it. AGAIN AND AGAIN AND AGAIN! \n\nTHE DISCHARGE PAPER FROM THE COURT IS CLEAR! THEY CAN NOT COLLECT on a DISCHARGED DEBT!!","date_sent_to_company":"2021-03-01T21:14:24.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"99504","tags":null,"has_narrative":true,"complaint_id":"4174899","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2021-03-01T20:15:02.000Z","state":"AK","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Under my chapter XXXX, I lost my business, my retirement, everything I had. The judge declared by case to be a hardship case and ruled that even the student loan to XXXX was discharged. XXXX was aware and, as indicated in the paperwork I am RESUBMITTING, at one point they had reported the account to all the credit bureaus as CLOSED/CHAPTER XXXX BANKRUPTCY. \n2 years later, they decide to pass it off AFTER DISCHARGED BANKRUPTCY to a PHEAA for \" collection '', which is totally ILLEGAL!"],"product":["Credit reporting, credit repair services, or other personal consumer reports"],"issue":["Problem with a credit reporting company's investigation into an existing problem"],"sub_product":["Credit reporting"],"sub_issue":["Their investigation did not fix an error on your report"]},"sort":[17.566814,"4174899"]},{"_index":"complaint-public-v1","_id":"3329373","_score":13.747709,"_source":{"product":"Student loan","complaint_what_happened":"*********THERE IS A PACKET OF PROOF I HAVE COMPILED TO BE FOLLOWED WHEN READING THIS COMPLAINT BUT CAN NOT ADD HERE AS IT IS TOO LARGE I WOULD BE WILLING TO MAIL IT TO YOU AS I NEED HELP DESPERATELY BECAUSE NAVIENT IS RUINING MY LIFE AND I KNOW BY READING BLOGS I AM NOT ALONE! ********** Description of Complaint PLEASE HELP!!! NAVIENT HAS RUINED MY LIFE AND CONTINUES TO RUIN MY LIFE!!!! \nI am filing this complaint against my current student loan servicer, Navient Solutions, LLC and against my former student loan servicer, Sallie Mae Corporation. I am disputing the total current loan balance claimed by Navient and I believe that both Sallie Mae AND Navient have been negligent in properly handling my student loan accounts. II can prove that both Navient and Sallie Mae have acted in a fraudulent manner by losing my student loan accounts between lenders and/or offices, altered loan amounts, created multiple new accounts which I did not borrow and removed consolidations is was in, keeping me in a constant state of financial ruin, bankruptcy, and years of forbearance 's for their financial gain. Have you ever seen a XXXX XXXX with a XXXX XXXX XXXX in XXXX owe NOW {$390000.00} in student loan debt? \nI have spent many months and countless hours of researching my financial records, FSA database, studentaid.ed.gov database, personal bankruptcy records ( including each bankruptcys Consumer Liability Reports from my previous bankruptcy filings provided to me at time of each filing by my bankruptcy attorney ), and prior years emails to various financial entities directly involved with my student loan accounts. I have compiled a very detailed packet for you to follow that will illustrate my complaint and verify amounts I borrowed, the balances I carried, and the point at which Sallie Mae and Navient completely destroyed me financially by listing inaccurate and crushing amounts of student loan debt, kept my loans in a state of forbearance, consolidations disappeared, and forced down my credit scores by inaccurate credit reporting. I say this so that you will understand the impact this has had on myself and my family, as I was forced into high interest rates for lending such as high interest rates for auto loans and credit cards, and basically any borrowing I attempted. Being a single parent of XXXX on one income and have owed to me over 100k in XXXX XXXX ( verifiable through Illinois Division of XXXX XXXX Enforcement ) it was very important that I always tried to obtain the best interest rates for borrowing possible, but this never happened because of the inaccuracies being reported by Sallie Mae and Navient, even resulting in denial for home mortgage. I have been unable to buy a home of my own for my girls. It wasnt until the last bankruptcy filing that I began to figure out what was being down to me and my attorney urged me to dispute the amount of student loan debt. \nPlease refer to Packet A which I obtained from the Federal Student Aid website, and have provided a copy of each loan I borrowed throughout my entire XXXX education, obtained from the following website : https : //XXXX.XXXX.XXXX/XXXX/XXXX-XXXX-XXXX/XXXX-detail Loan # 1 was a {$4000.00} Perkins Loan to XXXX University which I established on XXXX for my XXXX studies. This loan was cancelled, and I attached a copy of the cancellation to its copy. \nLoans # 2 through 21 were also taken during my XXXX studies, loan # 2 occurring on XX/XX/XXXX loan # 21 being the last and occurring on XX/XX/XXXX to XXXX University. At this point, I had borrowed a total of approximately {$45000.00} in federal loans plus approx. 10k in private loans. I consolidated all the above referenced loans and the consolidation was established on XX/XX/XXXX. You will see Loan # 22 which I provide a copy of this consolidation : FFEL Consolidated Established on XX/XX/XXXX Total Borrowed : {$66000.00} Servicer : XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \nXXXX, IL XXXX To further confirm this balance, please refer to Packet B which are copies of my personal bankruptcy records. Please see Bankruptcy # 1 Chapter XXXX Case # XXXX and refer to Page # 2 which is the Schedule F for this bankruptcy. On page 2, you will see two ( 2 ) private school loans listed with XXXX University in the amounts of {$1000.00} and {$8500.00}. Please note : the private loans with XXXX University were NOT yet part of the consolidation total listed above and is added later which I will demonstrate. Please now refer to Page # 3 of this Schedule F which lists my loan consolidation : National Education Servicing with Amount of Claim : {$65000.00} My loans were then sold/transferred to the following loan servicer : Direct Loan Servicing Center XXXX XXXX XXXX XXXX, TX XXXX Please refer back to Packet A and see Loan # 23 and Loan # 24 Direct Loan Servicing Center split my consolidation as follows : Loan # 23 : Direct Consolidated Subsidized established on XX/XX/XXXX Total Borrowed : {$28000.00} Loan # 24 : Direct Consolidated Unsubsidized established on XX/XX/XXXX Total Borrowed : {$41.00}, 152 These 2 consolidations together total : {$69000.00} Total student loan debt up to this point ( XX/XX/XXXX ). \n\nI re-entered school in XXXX to pursue a XXXX degree which I completed in XXXX. During this time, I applied for and told I was granted an in-school deferment. Please refer to Packet A for loans I did borrow for continuing my education these include loans # 25-32 which total {$80000.00}. \n\nRecap of Student Loan Debt Accumulated Thus Far : Student Loan Debt to XX/XX/XXXX : {$69000.00} ( see above ) PLUS New Student Loan Debt accumulated from XXXX : {$80000.00} Total Student Loan Debt to XXXX : ~XXXX+accumulated interest **Please note during the year of XXXX, part of my student loan debt was sold/transferred to XXXX XXXX The next piece of evidence to prove my student loan debt up to XXXX, please refer to Packet B and refer to Bankruptcy # 2 filed XX/XX/XXXX, Case # XXXX. Go to page # 6 entitled Statistical Summary of Certain Liabilities and Related Data ( which is a credit report attorneys can pull ) and see that my attorney listed Student Loan Obligations : {$160000.00}. It is here that you will see my student loan accounts are with TWO different servicers : Please see page # 8, Schedule F and you will see listed : XXXX XXXX XXXX Department of Education XXXX. XXXX XXXX XXXX, TX XXXX Total Claim : {$97000.00} Please see page # 10, Schedule F and you will see listed : Sallie Mae XXXX. XXXX XXXX XXXX, PA XXXX Amount of Claim : {$57000.00} Please also see page # 9, Schedule F for my private loan with XXXX University ( still separate from running totals above ) : XXXX University XXXX. XXXX XXXX XXXX XXXX, NC XXXX Amount of Claim : {$13000.00} To further confirm my debt to this point, refer to Packet B and find enclosed Consumer Liability Report dated XX/XX/XXXX ( report # XXXX provided to me for this same bankruptcy ( case # XXXX ) - see Page # 2 to view the following student loans included on the report which total {$160000.00} : U.S. Department of Education : Sallie Mae : {$68000.00} {$13000.00} {$18000.00} {$13000.00} XXXX {$8500.00} And see Page # 3 : Sallie Mae {$8500.00} {$8900.00} {$5600.00} Total student Loan debt verifiable by above reports to date XX/XX/XXXX : XXXX {$160000.00} and we now begin to see the breakdown/deterioration of my original consolidations. \nAt this point, I was in above noted bankruptcy which was a chapter XXXX which I made my student loan servicers aware of as I was still unable to make student loan payments at this time. I was placed into a bankruptcy forbearance which I now know accumulates insane amounts of interest. I was not offered an Economic Hardship Deferment Request now was I offered the chance to apply for forgiveness due to my extreme financial hardships even after making several attempts at phone calls explaining my situation. \n\nNear the end of XXXX of XXXX, I wanted to pursue a XXXX XXXX program in hopes of boosting my earning potential, however, XXXX University would not release my transcripts due to the outstanding private loan mentioned earlier. XXXX referred me to the collection agency that was handling this loan : XXXX XXXX XXXX, XXXX. \nXXXX XXXX XXXX, XXXX XXXX XXXX XXXX, IL XXXX Ph # XXXX Please refer to Packet C and see Email # 1 to XXXX representative XXXX XXXX. This email communication took place between XX/XX/XXXX through XX/XX/XXXX. Mr. XXXX was assisting me in gathering all of my student loans together as he was working on consolidating all of my loans to include the XXXX University private loan, so that the end result would allow XXXX to release my academic transcripts so that I could apply for the XXXX XXXX program. Please see pages XX/XX/XXXX - XX/XX/XXXX of this email dated XX/XX/XXXX in which I informed Mr. XXXX I called Sallie Mae for my loan information and was told they could not locate some of the student loans and I was waiting for a callback. I found that my Sallie Mae account was with an entity called : XXXX XXXX XXXX. XXXX XXXX XXXX, PA XXXX in the amount of {$63000.00}. I informed him in this email to add XXXX XXXX and I really am unsure if it was added or not at this point as we also had phone conversations not detailed in this email. According to this email as well, my loans were also serviced by XXXX XXXX XXXX as well as Sallie MaeXXXX XXXX If you see page 3/10 of this email, I requested the following loans be placed into that consolidation and here is a copy and paste directly from that email ( you have the hard copy as well ) From : XXXX XXXX [ XXXX : XXXX ] Sent : Tuesday, XX/XX/XXXX XXXXXXXX XXXX To : XXXX XXXX Subject : Re : XXXX Hi XXXX, Here are the student loans I wish to include : 1 ) XXXX XXXX XXXX XXXX Department of Education XXXX. XXXX XXXX XXXX, NY XXXX Phone # XXXX Balance : {$89000.00} 2 ) XXXX XXXX ( Will be back with Sallie Mae very soon ) XXXX XXXX XXXX XXXX, PA XXXX Phone # XXXX Balance : {$63000.00} Account # XXXX XXXX ) XXXX University XXXX XXXX XXXX XXXX, IL XXXX Phone # XXXX Balance : {$21000.00} Yes, I would love to get started again on the paperwork asap. Just let me know what to do from here! Thanks for all of your help! \nXXXX XXXX XXXX I am unsure now looking back exactly what was added in that consolidation and things became extremely confusing for me at this point as to where my loans were being serviced with so many different amounts and servicers were being reported. I became overwhelmed. \n\nIn Packet C, please see Email # 2 dated XX/XX/XXXX XX/XX/XXXX from Mr. XXXX informing me the consolidation entered the statement phase on XX/XX/XXXX and that it would fund by the end of the month. \n\nDuring this time, Sallie Mae is now reporting to the credit bureaus multiple amounts and accounts, further dragging down my credit scoring. It was clear above that my loans were all over the place and amounts seemed to be just thrown out there. What happened to my original consolidation at this point? Why am I forced into forbearance after forbearance? \n**And please keep in mind that at the time of this email, I had not borrowed any additional student loans and the last verifiable amount noted above was XX/XX/XXXX : XXXX {$160000.00}. \n\nXX/XX/XXXX : I DID re-enter school for the XXXX XXXXr program at University XXXX XXXX XXXX, requested in-school deferment. \nPlease refer back to Packet A, see loan # s 41-43 I borrowed 3 loans totaling : {$11000.00}. I had to stop school due to a family situation and ended XX/XX/XXXX. My student loan debt was ~ {$180000.00} at that point. \n\nNow I am led into yet another bankruptcy. Please refer to Packet B and see Bankruptcy # 3 Chapter XXXX Case # XXXX which was discharged XX/XX/XXXX. Please see Page # 3 Schedule F which lists the following : Sallie Mae Inc for XXXX XXXX Attn : Bankruptcy Litigation Unit XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX Amount of Claim : {$35000.00} XXXX University XXXX. XXXX XXXX XXXX XXXX, NC XXXX Amount of Claim : {$13000.00} And please see Page # 4 Schedule F which lists : U.S. Department of Education Direct Loan Svg XXXX. XXXX XXXX XXXX, TX XXXX Amount Claimed : {$97000.00} Here is something interesting : Please see Packet B and find the Consumer Liability Report ( report # XXXX ) dated XX/XX/XXXX provided to me Bankruptcy # 3 above. We have the following accounts listed as active, open student loan accounts for this report : Page 2 : Dept of Ed/Sallie Mae Amount : {$65000.00} Page 4 : U.S. Dept Ed Amount : {$41000.00} Amount : {$27000.00} Amount : {$21000.00} Page 5 : U.S. Dept of Ed Amount : {$10000.00} Page 6 : U.S. Department of Education Amount : {$8500.00} Page 7 : U.S. Department of Education Amount : {$69000.00} These total : {$240000.00}!!!! How in the world did I go from owing ~180K to {$240000.00}??? And where are all these amounts coming from? What happened to my consolidation??? In-school deferment?? What is going on?? \n\nPlease notice that in this explanation, Packet A loan numbers 33-40 have not yet been mentioned. This is where these come in. Please see Packet A, loan # s 33-40. These are all loans created by Navient ( named themselves \" school '' and PAID TO Navient during the time frame of XX/XX/XXXX XX/XX/XXXX! These loans TOTAL : {$250000.00}! I have the printouts to prove it right off the web XXXX XXXX XXXX I am unsure why these loans were created, what happened to my consolidations, or where these amounts came from. All I know is that these amounts are being reported to the credit bureaus and my credit took yet another major hit because of this, leading me into the next bankruptcy. Please see Packet B and refer to Bankruptcy # 4 XXXX XXXX Case # : XXXX filed on XX/XX/XXXX. Please see the Consumer Liability Report included ( report # XXXX ) dated XX/XX/XXXX and see Page 2 of 13 which lists the following student loan debt : Dpt EdXXXXSlm Current Balance : {$210000.00} Dpt Ed/Slm Current Balance : {$74000.00} Dpt Ed/Slm Current Balance : {$8900.00} Dpt/Slm Current Balance : {$2100.00} See Page 3 of 13 : Dpt/Slm Current Balance : {$1500.00} **If you page through the remaining pages 4-13 of that report, you will see multiple accounts listed by Sallie Mae with varying amounts, none of which make any sense. \n\nPlease see Packet C and see Email # XXXX dated XX/XX/XXXX from myself to the student loan support center entitled : loan balance inquiry and this was assigned a Case : XXXX. I contacted them seeking assistance to clarify this balance and I was directed to speak with Navient. I spoke with Navient that same month and was told that my balances were correct. Please see Packet C and find Email # 4 this is an example of an email dated XX/XX/XXXX to a mortgage company in which I was trying to get a pre-approval to purchase a home. I had been working diligently at improving my credit which was barely passable for a pre-approval. Turns out I was eventually turned down because of the high student loan balances that Navient is reporting and this email will serve as an example of how my life has gone ever since Sallie Mae and Navient entered my life. \n\nIf you refer to Packet D, these are printouts of my account information directly from Navients website. Please see the amount of interest that bears down on me every month. For example, you will see in this packet that I printed out my total current balance on XX/XX/XXXX which was : {$360000.00}. I printed out my balance as of today, XX/XX/XXXX and is now : {$370000.00}. That is about {$4000.00} in just 2 months time. My financial life has been ruined by Sallie Mae and Navient and I am regretful I didnt catch onto this sooner. But once I did, I have spent many months gathering all of this and trying to figure this out. \n\nI present my case to you and seek help and direction. Please contact me at your soonest convenience, and I have a detailed packet to follow this which i can mail. I need help with this. Sallie Mae and Navient have been negligent and deceitful and this has to be illegal. \n\nI appreciate any and all assistance you can provide. Thank you in advance. \n\nSincerely, XXXX","date_sent_to_company":"2019-08-04T08:17:07.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"60402","tags":null,"has_narrative":true,"complaint_id":"3329373","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2019-08-04T06:48:19.000Z","state":"IL","company_public_response":null,"sub_issue":"Need information about your loan balance or loan terms"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX, NC XXXX Amount of Claim : {$13000.00} To further confirm my debt to this point, refer to Packet B and find enclosed Consumer Liability Report dated XX/XX/XXXX ( report # XXXX provided to me for this same bankruptcy ( case # XXXX ) - see Page # 2 to view the following student loans included on the report which total {$160000.00} : U.S."]},"sort":[13.747709,"3329373"]},{"_index":"complaint-public-v1","_id":"3348949","_score":12.683209,"_source":{"product":"Debt collection","complaint_what_happened":"Medicredit has mis-managed my account previously and also my payments. I previously filed a case a year ago. # XXXX. I called in to check on the balance of my account, because it seems as if it was {$150.00} off, and I know that the account is set to be paid off this year. When I called in, I asked what account balances are on this plan, the woman said that there are 17 account. I advised her that she was mistaken. I am paying 4 maybe 5 max on this plan. There is one account of my husbands that I asked to be included, and three of mine. Because this woman wanted to argue, I asked to speak with a supervisor by the name of XXXX. XXXX told me that not only was the {$780.00} from my husband 's account on there, there were several other bills. Somehow when they set up my plan someone checked all 17 accounts. I had to tell XXXX several times that when I started this plan, nothing was due to medicredit. I filed bankruptcy and accounts were included there. Any other account that they had was either in bankruptcy, paid to the original creditor, or paid to them. In 2015 I didn't owe them any other bills. For my husband there were two accounts that I kept fighting with them and XXXX XXXX XXXX. I called in finally with the insurance company on a three way call. I spoke with both medicredit and XXXX XXXXXXXX XXXX. When XXXX XXXX XXXX sent the bill to my insurance company they had my husband 's correct name, however they had the incorrect date of birth. They submitted the claim like that on three or four different occasions, more than likely every time I called to see why they were sending us a bill. The insurance representative told both medicredit, and XXXX ( now XXXX XXXX ) that they are not paying. According to their contractual agreement they have six months to submit claims and be paid, in their contract they must submit correct information within 6 months, and they can not go after the customer because they didn't submit the correct information. According to XXXX they paid that bill. Another {$25.00} bill, and another bil for {$150.00}. They applied 6 {$25.00} payments to my bills that they could not provide the dates, nor the provided which more than likely was in my bankruptcy. At this time I have paid {$5400.00} to Medicredit. When this month 's draft hit my account it started off at payment # 1, which more than likely I am finished with what I was supposed to and agreed to pay, however they started applying my money elsewhere. According to XXXX their system is unable to track every single payment since so much time has passed. She said she would remove the payment from my husband 's account and apply to mine, however this will start the collection process all over for an account that was not due. I asked how much will it take to settle the account and not report to my credit report, I was advised that XXXX takes 20 %. I then told her no, because I shouldn't have to settle and worry about what they will report since they could not email me or mail a letter due to their error. Last year medicredit cost my a job by the negative reporting, and this year they are applying payments illegally where they are not due. In order to be in and remain in business they must have accurate payment processing. I have requested that they stop drafting from my account, and I am filing this complaint so that what I have paid is the final payment. I should have taken them to court when they cost me a position with a bank, however I was able to get another job a few weeks later. And this year it is something else with they checked off all 17 of your accounts. Technically because last years complaint was so malicious because a girl broke my plan intentionally to place it in her name I should have taken them to court for the entire amount due and not paid them another dime. Applying payments to previously bankrupt discharged accounts is illegal, and the system should not even allow that to be an option. Also the account where they sent the claim to the insurance company incorrectly they should have deleted that from their system when they sent it back to them. Due to medicredits gross negligence I am requested that they update with what is due, and they completely write-off the excess that is due for their errors. If they are saying that their client accepts 80 % of the debt, and they can write off 20 %. Then they need to do so without holding me accountable in any way by sending tax information in, or any credit reporting, because this is something that they have caused. Their employees are so malicious when you call in, they are just trying to collect anything, and apply payments anywhere and it is worse because they are hoping that when they apply your payments to debt that is not owed, that they can tell you anything. When I looked at the previous complaint I was correct, there were four accounts. {$780.00}, {$2300.00}, {$1600.00}, and {$460.00} according to XXXX. If that is the case then the the totals are {$5100.00} and I have paid {$5200.00} so far. The accounts are paid in full. When I called back and spoke to another representative, I was given different figures of {$780.00} for my husbands account, my accounts {$2300.00}, {$1600.00}, and {$1200.00}, which is {$6000.00}. This {$770.00} accounts for the 20 % that the client is willing to wipe away, or this could be minimum a fine, but bottom line for the XXXX that they have put me through, this account should be paid in full. Medicredit should be fined and have all of their accounts audited due to poor ethics within the organization from the employees up, as well as their poor payment system, and tracking measures. Please make this public so that others are able to look up this information and be informed on their tactics.","date_sent_to_company":"2019-08-21T16:35:34.000Z","issue":"Attempts to collect debt not owed","sub_product":"Medical debt","zip_code":"28214","tags":null,"has_narrative":true,"complaint_id":"3348949","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"The Outsource Group, Inc","date_received":"2019-08-21T15:33:00.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["Any other account that they had was either in bankruptcy, paid to the original creditor, or paid to them. In 2015 I didn't owe them any other bills. For my husband there were two accounts that I kept fighting with them and XXXX XXXX XXXX. I called in finally with the insurance company on a three way call. I spoke with both medicredit and XXXX XXXXXXXX XXXX."],"product":["Debt collection"],"sub_issue":["Debt was already discharged in bankruptcy and is no longer owed"]},"sort":[12.683209,"3348949"]},{"_index":"complaint-public-v1","_id":"8728833","_score":11.652735,"_source":{"product":"Mortgage","complaint_what_happened":"WARNING TO FIFTH THIRD : THIS IS NOT A DUPLICATE COMPLAINT. \n\nFIFTH THIRD HAS A HABIT OF MARKING MY COMPLAINTS AS DUPLICATES WHEN THEY IN FACT ARE NOT ENTIRELY DUPLICATES. SO I AM REQUESTING A DIRECT RESPONSE TO THIS COMPLAINT. \n\nOn XX/XX/XXXX I was forced by Fifth Third Bank ( 53 ) to file personal XXXX XXXX bankruptcy to stop an illegal XX/XX/XXXX foreclosure WHILE a XXXX hardship application was in process which is a violation of dual tracking discussed below. In addition, after filing personal bankruptcy, I decided to look into some additional reasons why the foreclosure was illegal and the most recent are LACK OF STANDING ( see item XXXX below ) and multiple consumer federal and state violations regarding late fees and junk fees ( see items XXXX - XXXX below )... \n\nFifth Third 's bad faith actions noted below have driven me to unfairly seek bankruptcy protection to stop an illegal foreclosure that should never have been pursued. \nI lost my 30 year-old manufacturing company with XXXX employees to XXXX and closed the doors XX/XX/XXXX. This hardship resulted in delinquency on our Fifth Third mortgages and after filing multiple hardship applications on the primary mortgage and home equity line of credit ( HLOC ), Fifth Third ( 53 ) initiated foreclosure on XX/XX/XXXX. After multiple attempts to meet and confer failed, I decided to file XXXX XXXX to stop the illegal foreclosure. This foreclosure is illegal for these reasons : 1 ) It is important to note that our hardship application was for the primary mortgage ( in both names ) and home equity line of credit ( in my ex-wifes name ), 2 ) The home has approx. {$300000.00} in equity, 3 ) As a result of XXXX, we filed for XXXX in XX/XX/XXXX, 4 ) FORBEARANCE ( PRIMARY MORTGAGE see correspondence from Fifth Third dated XX/XX/XXXX ) - we filed our first covid hardship application in XX/XX/XXXX, then again in XX/XX/XXXX and again in XX/XX/XXXX, and Fifth Third never disclosed ( required by regulation ) the XXXX XXXX XXXX XXXX XXXX XXXX program, a crucial loss mitigation option, that could have prevented our hardships from getting significantly worse because it offered a more flexible and affordable mortgage assistance program for those impacted by XXXX. The reason the multiple forbearance assistance was not the best option is because any amount you were excused from paying during forbearance is added back into the total you owe and factored into the new payment structure after the forbearance period is up. During this 2 year period, our mortgage payment ended up being higher thereby making our hardship worse leading to the need to file for more hardship assistance with XXXX but this time we became delinquent on the HLOC ( item XXXX below ). \n5 ) TODAY WE ARE CURRENT ON THE PRIMARY MORTGAGE but it does no excuse 53s negligence and violation of regulations by failing to disclose the GMA as a loss mitigation option. Fifth Third is required by the Consumer Financial Reporting Bureau ( CFPB ) regulations to disclose all loss mitigation options including GMA. \n6 ) ADDITIONAL HARDSHIP APPLICATIONS ( XXXX XXXX XXXX ) - we became delinquent in XX/XX/XXXX while XXXX was still at its height... Since our hardships became much worse, we filed multiple Hardship applications for assistance but it was the hardship application filed in XX/XX/XXXX where Fifth Thirds mishandling and poor duty of care made our hardship much worse... the XX/XX/XXXX application took 9 months to process and resulted in a higher payment due to skyrocketing interest rates. This long process took away our rights to refinance at the lower rates in effect around XX/XX/XXXX. I did not take the payment offer because it was higher and again it would have made our hardship much worse. Due to 53s negligence in taking its time processing During the 9 months, 2-3 months went by with no replies to emails or phone calls. Due to the shoddy prolonged hardship application processing and poor duty of care, my ex-wife became frustrated and saw no hope in refinancing to get her name off of both mortgages so she could purchase her own home. \n7 ) REFINANCE : On numerous occasions, Fifth Third told us the only way to remove my ex-wifes name from both mortgages was to refinance but due to the shoddy prolonged processing of our applications while rates were skyrocketing, the refinance option was basically taken away by 53 from us because if I was to refinance at the higher rates, the payments would be higher which would make the hardship even worse, 8 ) So I filed another XXXX hardship application in XX/XX/XXXX and this one, while still in process/underwriting as of XX/XX/XXXX going on 8 months, is when the bank initiated the foreclosure which is a violation of dual tracking regulations at both the federal and state levels. This application was handled by different processors all asking for different information, requests for the same documentation and confusion over who ( me or my ex-wife ) should file the application... as an example, we re-filed at least XXXX applications during this 8 month period. \n9 ) LATE FEES CHARGED DURING BOTH PROLONGED HARDSHIP APPLICATIONS : these unconscionable and unreasonable extended periods to process routine hardship applications demonstrate that Fifth Third has taken control of our mortgage accounts to pump up fee income and the related interest income. Fifth Third unconscionably charged late fees ( with interest tacked on ) while they took their sweet time processing the XX/XX/XXXX and XX/XX/XXXX hardship applications that took 9 months and 8 months, respectively, and the latter is still in process even after I was forced to file bankruptcy to stop the XX/XX/XXXX foreclosure. There is no way this is legal. I am 100 % positive and can back up the fact that we did not contribute in any way whatsoever to any of the delays during the prolonged processing of these hardship applications. Whatever documents they needed or questions needing answers were provided promptly, The late fees charged by Fifth Third were excessive and unjustifiable, and are subject to various regulations at both the federal and state levels. Here are some common regulations that Fifth Third is required to comply with : Regulation Z ( Truth in Lending Act ) : Under Regulation Z, lenders are required to disclose late fees associated with consumer credit transactions, including mortgages, in the loan agreement or disclosure statement provided to borrowers. These fees must be reasonable and can not exceed certain limits set by law. \nState Usury Laws : Many states have usury laws that govern the maximum interest rates and fees that lenders can charge on loans. These laws often include provisions related to late fees, such as caps on the amount that can be charged or requirements for reasonableness. I am still researching the application of XXXX XXXX XXXX XXXX regarding late fees. But at a minimum it appears that charging legal fees during prolonged periods of hardship applications are not a reasonable practice by a mortgage servicer. The impact of this questionable practice spread over all of the Fifth Thirds customers falls into the category of bad faith actions that generate significant revenue for Fifth Third. \nFair Debt Collection Practices Act ( FDCPA ) : The FDCPA prohibits debt collectors, including lenders, from using abusive, unfair, or deceptive practices in collecting debts. This may include restrictions on the imposition of excessive late fees or fees that were not properly disclosed to the borrower. \nMortgage Servicing Rules ( RESPA ) : The Real Estate Settlement Procedures Act ( RESPA ) imposes various requirements on mortgage servicers, including rules related to the assessment and handling of late fees. These rules may include provisions for reasonable fees and requirements for notice to borrowers. \nState Consumer Protection Laws : Many states have consumer protection laws that govern the terms and conditions of loans, including late fees. These laws may impose additional requirements or restrictions on lenders beyond those required by federal law.\n\n10 ) LEGAL FEES CHARGED DURING BOTH PROLONGED HARDSHIP APPLICATIONS As part of the foreclosure notices, Fifth Third sent us a payment history and it shows over {$45000.00} in legal fees charged to my payment history during the prolonged processing of our XX/XX/XXXX and XX/XX/XXXX hardship applications ; this appears to be an extremely sneaky way to suction money out of any sales proceeds from the planned foreclosure. Again we had no control over prolonged delays in processing these applications and no legal actions were ever disclosed to us, 11 ) JUNK FFES CHARGED DURING BOTH PROLONGED HARDSHIP APPLICATIONS multiple indecipherable junk fees were charged throught the life of the home equity line of credit and they were never disclosed to us in advance or when they were charged, 12 ) SUCCESSOR OF INTEREST - I made attempts to make payments on the HLOC delinquency to cure the default but 53 refused the payments because my name was not on the HLOC note but the 53 never disclosed the Successor of Interest form until XX/XX/XXXX. If they had disclosed this form around the XX/XX/XXXX divorce time frame, my ex-wife would have signed it and the Fifth Third could have confirmed me as the successor of interest and my payments would have been accepted. Ironically, Fifth Third asked my ex-wife to sign a quit claim deed and we did ( Court stamped on XX/XX/XXXX ) but the bank did nothing with it ; this should have prompted the bank to disclose the Successor of Interest form. So we did not find out about this form until over 3 years later. Fifth Third apologized for not letting us know about his form while initiating the foreclosure. Despite this crucial oversight, the bank first required me to sign the Successor of Interest form for the HLOC but several days later, apologized again, and said my ex-wife was supposed to sign it and that was on XX/XX/XXXX... so we wasted more time with our hardship application still in underwriting even as of XX/XX/XXXX. \n13 ) I pleaded with 53 to mediate and stop the foreclosure and the bank said they can not stop it and did not want to discuss alternatives. With 30 days before foreclosure, the first reason for refusing to mediate was there was not enough time but I kept pressing the bank for a reason why there was not enough time and then the reason was changed to Attorney Client privilege! \nXXXX ) we have more than enough income to make the payments, XXXX ) XXXX DAUGHTER : I am also the XXXX XXXX of my XXXX XXXX daughter and I think the foreclosure is a violation of the fair housing act for the XXXX. 53 asked for a copy of XXXX XXXX XXXX ordered legal guardianship and conservatorship documentation but did nothing with it as evidenced by the planned foreclosure. \n16 ) The banks negligent actions and unwillingness to stop harming us has made our life miserable, 17 ) Since I can not afford a lawyer, I decided to sue the bank as a pro-se litigant. Several of my defenses to prove to the court that the planned foreclosure include : a. Lack of Standing : I asked 53 many times to disclose loan transfer date to new owner but no reply. Without knowing these details on the new owner ( GNB Realty ) of the HLOC, there is no proof that 53 has the legal right to initiate foreclosure. \nb. Dual Tracking ( item 6 above ) : it is illegal to initiate foreclosure while a hardship application is in process. \nc. Negligently prolonging the processing of hardship applications : When a lender negligently prolongs the processing of hardship applications, several laws and regulations may be violated, including Real Estate Settlement Procedures Act ( RESPA ), Consumer Financial Protection Bureau ( CFPB ) Mortgage Servicing Rules, State laws and regulations, Truth in Lending Act ( TILA ), Fair Debt Collection Practices Act ( FDCPA ), Dodd-Frank Wall Street Reform and Consumer Protection Act, and State consumer protection laws. This negligence includes unresponsiveness and inadequate communication. Throughout these 8 months of the current XXXX hardshp application ( in underwriting as of XX/XX/XXXX ), the defendant demanded that we submit both new and resubmitted documentation, along with updated applications. We diligently and promptly fulfilled application rework. \nd. Robosigning : it appears that one of the reasons for the prolonged hardship application processing is due all of these requirements without hesitation, and it's crucial to note that none of the rework was due to any fault on our part and I am 110 % positive that we did not contribute to any of the XXXX hardship documents being robosigned meaning no one is reviewing the documents e. Illegally charging late fees and junk fees during 2 prolonged XXXX hardship applications of XXXX and XXXX months respectively. \nf. Failure to disclose all loss mitigation options g. Failure to disclose the Successor of Interest form h. Failure to disclose in advance changes in interest rates on adjustable rate mortages i. Robosigning j. Discriminatory Practices : possible violation of the fair housing act for the XXXX. \n18 ) There are many other crucial failures demonstrated by Fifth Thirds lack of good faith with fair dealings After this experience with Fifth Third bank, I believe there are many homeowners who illegally lost their home to foreclosure due to prolonged shoddy application processing, negligence, incompetence, indifference, unethical conduct and bad faith actions. I suggest a federal investigation into this banks poor duty of care and I am sure many people have had their homes illegally foreclosed on. I dont believe there are many homeowners are as relentless and resourceful as I am to fight back including filing a pro se lawsuit. \n\nOne would think that Fifth Third, one of the 25 largest banks in the country, would have given our XXXX hardship application a higher level of priority. \n\nCONCLUSION I purchased my sportswear manufacturing business in XXXX with a {$400000.00} deposit from my life savings and a {$1.00} XXXX XXXX loan and then losing it due to XXXX, I applied for XXXX hardship assistance with Fifth Third bank and in all cases my modified payments on both the primary mortgage and the HLOC increased and the current application is still in process after 8 months and the previous one took 9 months... 2 hardship applications taking almost 2 years to process and then 53 has the nerve to attempt foreclosure- this is an absolute outrage from a large bank and you can not make this up. Our hardship is now much worse and despite this lack of duty of care, 53 someone finds a way to justify foreclosure despite multiple violations of federal and state regulations. It is my belief that there are many homeowners who have lost their homes to illegal foreclosure and some are still facing illegal foreclosure and unfortunately many of these homeowners are not determined enough or resourceful enough to fight back like I am attempting to do but it has come at a heavy cost of having to file bankruptcy to stop an illegal foreclosure. \n\nIn item 13 ) above, I pleaded with 53 to mediate and stop the foreclosure and the bank said they can not stop it and did not want to discuss alternatives ; here are some reasons why 53 is motivated to continue with illegal foreclosures : 1 ) Financial Incentive ( Ramp up fee income ) : often come with associated fees ( i.e., legal fees discussed in item 10 above ) and costs that the bank can charge to the borrower. This financial incentive may motivate banks to pursue foreclosure on properties with substantial equity, as it can result in higher fees and potential profits for the bank. The problem here is that it also appears that one can argue that 53 intentionally prolonged the processing of the hardship applications to generate fees to help meet the banks XXXX XXXX rosy profit projections 2 ) Recovery of Debt : Foreclosing on a home with substantial equity allows the bank to recover the outstanding debt owed by the borrower more effectively. The sale of the property can help the bank recoup its losses, including the outstanding loan balance and any associated fees. \n3 ) Fractional Reserve Banking : Fractional reserve banking, a system where banks are legally required to hold a fraction of customer deposits as reserves and lend out the rest, can influence their decisions in several ways : a. Lending Practices : When banks engage in aggressive lending practices that could result in borrowers defaulting on their loans, banks may resort to foreclosure to recover their funds and protect their assets. \nb. Risk Management : Fractional reserve banking exposes banks to liquidity risk, as they may not have enough reserves to cover deposit withdrawals in times of financial stress. To mitigate this risk, banks may prioritize assets that can be quickly liquidated, such as real estate through foreclosure, to ensure they can meet their obligations to depositors.\n\nc. Profit Maximization : Foreclosure can be a profitable endeavor for banks, as they can recoup outstanding loan balances, fees, and penalties associated with ALL delinquent loans. In cases where borrowers have significant equity in their homes, foreclosure may offer an attractive opportunity for banks to recover their funds and potentially generate additional profits. Substantial equity may present a more attractive option for foreclosure from a financial perspective.\n\nd. Regulatory Pressure : Banks operate within a regulatory framework that requires them to maintain certain levels of capital reserves to ensure financial stability. In situations where banks face capital shortages due to loan defaults or other financial challenges, regulators\n\nmay exert pressure on banks to strengthen their balance sheets by recovering bad debts, including through foreclosure. Fractional reserve banking incentivizes banks to foreclose on homes by contributing to a lending environment where banks may b\ne more inclined to pursue foreclosure as a means to bad management ( e.g., recoup losses due to bad portfolio risks management ), need to maximize profits, and meeting regulatory requirements I would appreciate any help your news organization can provide to resolve this matter.","date_sent_to_company":"2024-04-09T17:01:03.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"30071","tags":"Older American","has_narrative":true,"complaint_id":"8728833","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FIFTH THIRD FINANCIAL CORPORATION","date_received":"2024-04-09T15:45:07.000Z","state":"GA","company_public_response":null,"sub_issue":"Trying to communicate with the company to fix an issue while managing or servicing your loan"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX I was forced by Fifth Third Bank ( 53 ) to file personal XXXX XXXX bankruptcy to stop an illegal XX/XX/XXXX foreclosure WHILE a XXXX hardship application was in process which is a violation of dual tracking discussed below."]},"sort":[11.652735,"8728833"]},{"_index":"complaint-public-v1","_id":"4138561","_score":11.330729,"_source":{"product":"Debt collection","complaint_what_happened":"In XXXX we took out a second, secured loan through XXXX of XXXX Pa. In XXXX due to my husband having to retire from XXXX XXXX because of XXXX, we had to file Chapter XXXX bankruptcy. At that time we were sure that everything was included in this bankruptcy, including the XXXX loan. We never received any more notices from XXXX, and there was never any postings to our credit reports about XXXX being in collection. We started to receive collection notices from Fay Servicing saying that they were now the owners of the XXXX debt, and now, we owed them almost {$40.00}, XXXX from the original XXXX loan made in XXXX, of {$8200.00}. The interest of 19.9 % has accrued for 20 years Now, Fay has come up with the grand total of {$40000.00} that they say we owe them. When we first started getting notices from Fay Servicing, we thought it was a scam because there was nothing on our credit reports and we had heard nothing for 19 years. When I XXXX Fay Servicing I come up with all the posts about how Fay has been in court for taking elderly people 's homes and not being up on the up and up with their customers. They lost, and were ordered to pay a pretty hefty fine for what they were doing. Back in XX/XX/XXXX, we were thought that the Fay Servicing was a scam, we received a contract in the mail, for a mortgage to pay back the then {$30000.00} loan, form Fay Servicing. We ignored the papers because, like I said we thought it was a scam. I then, contacted Fay Servicing, after trying to make some kind of payment arrangements or come to some kind of an agreement, thinking they would offer us the same mortgage contract as they did in XX/XX/XXXX,. They told us to reapply through Fay Servicing once again and we did. After a big run around and waiting forever we received a letter saying that we were turned down because of insufficient annuities, savings, etc. When I asked them why where we turned down this time, because nothing has changed since XXXX when they offered us the first mortgage. I called the office and spoke to a Fay Servicing rep, and she said we were turned down?????? So we have to be forced to sell our home if 20 years, because Fay DOES NOT WANT TO HELP US. Our current house 's first mortgage isthrough XXXX, has been put into foreclosure by Fay Servicing .We procured a lawyer from XXXX XXXX XXXX XXXX XXXX because we are both XXXX and over the age of XXXX. Right now we have a court date for XX/XX/XXXX with our attorneys Fay Servicing representatives and a judge to try to find a solution for this problem. Our lawyer is going to argue the statutes of limitation clause. Even though a similar court case has never been won in the state of Pennsylvania, hopefully the laws can be changed and make it illegal for the unscrupulous vulture attorneys to collect these years old debts. ESPECIALLY when they're not willing to make suitable payment arrangements for the person who has the debt. They're saying hey, we have this debt now, you owe us, but they are NOT willing to help you make a way to pay it so basically they're going to take our house. Of course they want a down payment to reactivate the loan of {$35000.00}. We do not have {$35000.00} as people living on a fixed income. Like I said we have tried countless times to make payment arrangements with Fay Servicing, but they refuse to come to any kind of agreement with them. We even called XXXX XXXX which is holds our first mortgage on this house, and they basically are giving us the runaround I have called them countless times and ask them in every person I talk to you have to tell them the same story they don't seem to know what's going on. We had three people on separate occasions from XXXX tell us that yes, don't worry we can stop this foreclosure. All we have to do ( XXXX ) is add Fay Servicing on to our loan. We waited two weeks called them back and then somebody else told us no we can't do that. So here we are, going to lose our home. We need your help big time. Please file a case against Fay Servicing and maybe it will help us, and, or even someone else who is being victimized by these types of companies. \nThank you so much!","date_sent_to_company":"2021-02-13T23:51:56.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"160XX","tags":"Older American","has_narrative":true,"complaint_id":"4138561","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fay Servicing, LLC","date_received":"2021-02-13T21:51:12.000Z","state":"PA","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["In XXXX we took out a second, secured loan through XXXX of XXXX Pa. In XXXX due to my husband having to retire from XXXX XXXX because of XXXX, we had to file Chapter XXXX bankruptcy. At that time we were sure that everything was included in this bankruptcy, including the XXXX loan. We never received any more notices from XXXX, and there was never any postings to our credit reports about XXXX being in collection."],"product":["Debt collection"],"sub_issue":["Debt was already discharged in bankruptcy and is no longer owed"]},"sort":[11.330729,"4138561"]},{"_index":"complaint-public-v1","_id":"2873513","_score":11.279518,"_source":{"product":"Debt collection","complaint_what_happened":"To whom it may concern at the CFPB, I am trying to get immediate help with a Law firm/debt collector that is trying to collect on a fraudulent account supposedly opened on XX/XX/XXXX. Due to this case being a fraudulent credit card account that is almost 20 years old, bought and sold 3 times from the original creditor ( XXXX XXXX ) to several Debt Collectors over the past 15 to 17 years, the only way I felt that this would make more sense to you is if I described as best as possible to the best of my knowledge the history of this fraudulent account. \n\nBecause this is a fraudulent account opened so long ago and without my knowledge, it is almost impossible to provide any additional documents or proof of anything besides what this law firm has given me on XX/XX/XXXX when I called and spoke with one of the attorney 's there and recorded with their permission. So, this information is the best I have available for your review. \n\n*The fraudulent account details are below : *Original Creditor - XXXX XXXX XXXX *Supposed day the account was opened with the original creditor - *Account sold from original creditor to - XXXX XXXX - Date unknown *Account sold again to - XXXX XXXX - Date reported XXXX XX/XX/XXXX *Account sold a 3rd and final time to - Weber & Olcese , PLC. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI *Supposed Date reported and Judgement filed in XXXX District Court by the above mentioned law firm - XX/XX/XXXX *Date of Notice of Garnishment - XX/XX/XXXX *Total Garnished amount from my paycheck on XX/XX/XXXX - {$570.00} XXXX District Court Case # - XXXX *Supposed original past due balance - Unknown *Supposed Judgement Amount - {$1800.00} *Supposed interest accrued - {$2300.00} *Supposed amount due now, including interest, fees, etc - {$4100.00} This shady, relentless and unforgiving attorney/debt collector is the 3rd time this fraudulent debt was bought and sold. \n\nLaw Firm/ Debt Collector Weber & Olcese , PLC XXXX \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Michigan XXXX *Original Fraudulent Account Date - XX/XX/XXXX *Original Fraudulent Account Collections Date - XX/XX/XXXX *2nd Fraudulent Account Account Date - XX/XX/XXXX *Fraudulent Account Judgement Amount - {$1800.00} *Total Fraudulent Judgement Interest Accrued {$2300.00} *Unsatisfied Fraudulent Judgment Amount XXXX *3rd Writ of Garnishment issued on XX/XX/XXXX and was received BY MY EMPLOYER, NOT MYSELF AND AGAINST THE LAW *Fraudulent Garnishment Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being sent to you in response to notices sent to me from your company in regards to a fraudulent account opened in XXXX. Please be advised that this is a refusal to pay and a notice sent to your company pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. \n\nI respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you, especially forewarning you that this was a fraudulent account. Please provide me with the following immediately : 1- What the money you say I owe is for. I have ZERO knowledge of this fraudulent account until today, XX/XX/XXXX when I received the bogus \" Garnishment. '' Do me a favor, look at the dates and realize that you are trying to collect on a debt from XXXX and all the XXXX Judgements you have received since XXXX. What a joke, this is showing some serious desperation on your company 's part. \n\n2- Explain and show me how you calculated what you say I owe. Over {$2300.00} in made up fraudulent interest charges? Please .... This fraudulent account you are attempting to collect a debt on is against the law and you are violating many, many laws, in place for innocent consumers like myself. \n\n3- Provide me with copies of any original papers that show I agreed to pay what you say I owe. As I will mention several times, we both know you can not. I have never heard of or spoken to anyone from your law firm until today, XX/XX/XXXX. \n\n4- Provide a verification or copy of any judgment if applicable which is legally allowed, not \" renewing '' some fraudulent debt from XXXX of which did not belong to me. We both know you can not do so. \n\n5- Identify the original creditor and legal proof of myself being the owner of this fraudulent account. This will include ALL written, audio or visual legal proof of such. Once again, we both know you can not do so. \n\n6- Prove the Statute of Limitations has not expired on this account in the State of Michigan XXXX It is 6 years in Michigan and only 10 IF and only IF the Consumer agrees at any point that the debt is theirs WITH the proper legal documentation served to the Garnished Indiviual. For the record, I have not and never will agree to pay any fraudulent charged. Yet again, we both know you do not have this information. \n\n7- Show me that your law firm are licensed to collect in the State of Michigan , with the full license # ' s, and I do not care if your law firm is in Michigan or not. Provide these valid numbers with expiration dates along with your State of Michigan Bar #. \n\n8- Provide me with your license numbers and Registered Agent or Agent of Service in the State of Michigan . Also, provide the name of the company, person and or Process Server who LEGALLY served any paperwork. Please do not attempt to say that you delivered or tried to deliver any Notice to my current address, our property is surrounded by cameras recording 24 hours a day, 7 days a week for several years and on a permanent, backed up record and stored in a cloud. Old, outdated addresses are NOT acceptable for proof of delivery. The correct address for proof of delivery to the Garnished Indivual is your company 's RESPONSIBILITY. NOT AN EMPLOYER to serve this notice. \n\n9- Provide me legit and legally admissible proof of any paperwork or judgement that was delivered to me from your law firm to my current address on State of Michigan records. You have not lawfully and legally served me any updated court documents to my address on record BEFORE you processed any garnishment. Like your company did, but is not legal, dropping off a garnishment to an employer WITHOUT the garnished receiving any notice is against the law. You all know better. \n\n10- Provide me original signed documents legally proving that this fraudulent collections account has any legal signature, audio or visual proof of such. We both know you can not do this or provide this information as you have NO access to this information and bottom feeder law firms like your company buy these debts for pennies on the dollar in the hopes you can somehow get a supposed victim of yours to pay anything, but little do most consumers know under FDCPA and FCRA Laws you can not do so. \n\nI will not hesitate to bring legal action against you for the following Violation of the Fair Credit Reporting Act and Violation of the Fair Debt Collection Practices Act including, Defamation of Character. If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist including any garnishment immediately. Also, during this validation period, if any action is taken which could be considered any more detrimental to my financial well being I will surely file suit. \n\nIn addition, please understand that all the phone calls that were made are recorded and I verified and had received permission from the \" Attorney XXXX '' that I spoke to on XX/XX/XXXX. This recording, if necessary, along with the illegal forms your company used to file a garnishment all will be forwarded to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), State of Michigan Attorney General, the XXXX XXXX, the local XXXX XXXX XXXX ( XXXX ) for your business area and in the court system, XXXX District Court XXXX XXXX, Michigan XXXX for a Motion To Set Aside Judgement explaining to the court of this fraudulent and bogus garnishment if it is not stopped immediately. \n\nNext I will file a police report on your company if need be. Also, if necessary, I will file several poor, but true reviews on the internet, including XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and on and on explaining exactly how you are trying to conduct business so I can fairly warn any other potential \" victims '' of this shady practice so they may help themselves before their rights are violated. \n\nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment, EXCEPT to my employer removing your fraudulent garnishment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. \n\nAll future communications with me MUST be done in writing and sent to the address noted in this letter by USPS via First Class Registered Mail. It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an valid attempt for your law firm to correct your records, any information obtained shall be used for that purpose. \n\nI am hoping your law firm can resolve this immediately and realize the unethical manner of which you are trying to collect on a fraudulent account from 19 years ago. Do the right thing and make this correction immediately. It will save your company, myself and the court system a bunch of wasted time, money and energy. I am a very informed consumer, I know my rights and protections through the FCRA and the FDCA and will use them to my utmost needs and I absolutely refuse to have my rights stomped on by a debt collector doing their best to collect on a FRAUDULENT debt I am totally unaware of almost 2 decades old. \n\n****PLEASE NOTE WEBER , PLC**** COPIES OF THIS LETTER AND ANY AND ALL COMPLAINTS FILED AGAINST YOUR LAW FIRM WITH THE ENTITIES BELOW ARE ON FILE WITH MY ATTORNEY ON RETAINER IF I SO CHOOSE TO EMPLOY HIM IN THE FUTURE IF THIS CAN NOT BE AMICABLY RESOLVED BETWEEN MYSELF AND YOUR COMPANY. THEY ALSO DO CHAPTER XXXX AND XXXX BANKRUPTCY, SO THE GARNISHMENTS WILL STOP ONE WAY OR ANOTHER IMMEDIATELY UPON FILING. \n\nCOPIES OF ALL THE PAPERWORK AND THESE ILLEGAL AND FRAUDULENT \" JUDGEMENTS '' WILL BE FORWARDED TO THE CFPB, FTC, ATTORNEY GENERAL, XXXX AND ANYONE ELSE NECESSARY TO MAKE THIS RIGHT. \n\nIF YOUR LAW FIRM MAKES THE CORRECT DECISION AND DOES REALIZE THE ILLEGAL AND FRAUDULENT MISTAKE IT IS IN THE PROCESS OF MAKING I WILL VOLUNTARILY REMOVE ANY AND ALL COMPLAINTS AND/OR NEGATIVE REVIEWS FROM THE ENTITIES ABOVE IF IT IS SETTLED CORRECTLY, MY PERSONAL WAGES AND FUNDS ARE RETURNED TO ME AND THIS FRAUDULENT AND BOGUS GARNISHMENT IS REMOVED IMMEDIATELY.","date_sent_to_company":"2018-04-12T20:47:18.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"48101","tags":null,"has_narrative":true,"complaint_id":"2873513","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Weber & Olcese, PLC","date_received":"2018-04-12T19:21:34.000Z","state":"MI","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["THEY ALSO DO CHAPTER XXXX AND XXXX BANKRUPTCY, SO THE GARNISHMENTS WILL STOP ONE WAY OR ANOTHER IMMEDIATELY UPON FILING. \n\nCOPIES OF ALL THE PAPERWORK AND THESE ILLEGAL AND FRAUDULENT \" JUDGEMENTS '' WILL BE FORWARDED TO THE CFPB, FTC, ATTORNEY GENERAL, XXXX AND ANYONE ELSE NECESSARY TO MAKE THIS RIGHT."],"product":["Debt collection"]},"sort":[11.279518,"2873513"]},{"_index":"complaint-public-v1","_id":"2873851","_score":11.2627945,"_source":{"product":"Debt collection","complaint_what_happened":"To whom it may concern at the CFPB, I am trying to get immediate help with a Law firm/debt collector that is trying to collect on a fraudulent account supposedly opened on XX/XX/XXXX. Due to this case being a fraudulent credit card account that is almost 20 years old, bought and sold 3 times from the original creditor ( Capital One ) to several Debt Collectors over the past 15 to 17 years, the only way I felt that this would make more sense to you is if I described as best as possible to the best of my knowledge the history of this fraudulent account. \n\nBecause this is a fraudulent account opened so long ago and without my knowledge, it is almost impossible to provide any additional documents or proof of anything besides what this law firm has given me on XX/XX/XXXX when I called and spoke with one of the attorney 's there and recorded with their permission. So, this information is the best I have available for your review. \n\n*The fraudulent account details are below : *Original Creditor - Capital One Bank *Supposed day the account was opened with the original creditor - *Account sold from original creditor to - XXXX XXXX - Date unknown *Account sold again to - XXXX XXXX - Date reported - XX/XX/XXXX *Account sold a 3rd and final time to - XXXX XXXX XXXX , XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI *Supposed Date reported and Judgement filed in XXXX District Court by the above mentioned law firm - XX/XX/XXXX *Date of Notice of Garnishment - XX/XX/XXXX *Total Garnished amount from my paycheck on XX/XX/XXXX - {$570.00} *XXXX District Court Case # - XXXX *Supposed original past due balance - Unknown *Supposed Judgement Amount - {$1800.00} *Supposed interest accrued - {$2300.00} *Supposed amount due now, including interest, fees, etc - {$4100.00} This shady, relentless and unforgiving attorney/debt collector is the 3rd time this fraudulent debt was bought and sold.\n\nLaw Firm/ Debt Collector XXXX XXXX XXXX , XXXX .\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Michigan XXXX *Original Fraudulent Account Date - XX/XX/XXXX *Original Fraudulent Account Collections Date - XX/XX/XXXX *2nd Fraudulent Account Account Date - XX/XX/XXXX *Fraudulent Account Judgement Amount - {$1800.00} *Total Fraudulent Judgement Interest Accrued {$2300.00} *Unsatisfied Fraudulent Judgment Amount XXXX *3rd Writ of Garnishment issued on XX/XX/XXXX and was received BY MY EMPLOYER, NOT MYSELF AND AGAINST THE LAW *Fraudulent Garnishment Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being sent to you in response to notices sent to me from your company in regards to a fraudulent account opened in XX/XX/XXXX. Please be advised that this is a refusal to pay and a notice sent to your company pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.\n\nI respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you, especially forewarning you that this was a fraudulent account. Please provide me with the following immediately : 1- What the money you say I owe is for. I have ZERO knowledge of this fraudulent account until today, XX/XX/XXXX when I received the bogus \" Garnishment. '' Do me a favor, look at the dates and realize that you are trying to collect on a debt from XX/XX/XXXX and all the XXXX Judgements you have received since XX/XX/XXXX. What a joke, this is showing some serious desperation on your company 's part. \n\n2- Explain and show me how you calculated what you say I owe. Over {$2300.00} in made up fraudulent interest charges? Please .... This fraudulent account you are attempting to collect a debt on is against the law and you are violating many, many laws, in place for innocent consumers like myself.\n\n3- Provide me with copies of any original papers that show I agreed to pay what you say I owe. As I will mention several times, we both know you can not. I have never heard of or spoken to anyone from your law firm until today, XX/XX/XXXX. \n\n4- Provide a verification or copy of any judgment if applicable which is legally allowed, not \" renewing '' some fraudulent debt from XX/XX/XXXX of which did not belong to me. We both know you can not do so.\n\n5- Identify the original creditor and legal proof of myself being the owner of this fraudulent account. This will include ALL written, audio or visual legal proof of such. Once again, we both know you can not do so.\n\n6- Prove the Statute of Limitations has not expired on this account in the State of Michigan . It is 6 years in Michigan and only 10 IF and only IF the Consumer agrees at any point that the debt is theirs WITH the proper legal documentation served to the Garnished Indiviual. For the record, I have not and never will agree to pay any fraudulent charged. Yet again, we both know you do not have this information. \n\n7- Show me that your law firm are licensed to collect in the State of Michigan , with the full license # ' s, and I do not care if your law firm is in Michigan or not. Provide these valid numbers with expiration dates along with your State of Michigan Bar #.\n\n8- Provide me with your license numbers and Registered Agent or Agent of Service in the State of Michigan . Also, provide the name of the company, person and or Process Server who LEGALLY served any paperwork. Please do not attempt to say that you delivered or tried to deliver any Notice to my current address, our property is surrounded by cameras recording 24 hours a day, 7 days a week for several years and on a permanent, backed up record and stored in a cloud. Old, outdated addresses are NOT acceptable for proof of delivery. The correct address for proof of delivery to the Garnished Indivual is your company 's RESPONSIBILITY. NOT AN EMPLOYER to serve this notice.\n\n9- Provide me legit and legally admissible proof of any paperwork or judgement that was delivered to me from your law firm to my current address on State of Michigan records. You have not lawfully and legally served me any updated court documents to my address on record BEFORE you processed any garnishment. Like your company did, but is not legal, dropping off a garnishment to an employer WITHOUT the garnished receiving any notice is against the law. You all know better.\n\n10- Provide me original signed documents legally proving that this fraudulent collections account has any legal signature, audio or visual proof of such. We both know you can not do this or provide this information as you have NO access to this information and bottom feeder law firms like your company buy these debts for pennies on the dollar in the hopes you can somehow get a supposed victim of yours to pay anything, but little do most consumers know under FDCPA and FCRA Laws you can not do so. \n\nI will not hesitate to bring legal action against you for the following Violation of the Fair Credit Reporting Act and Violation of the Fair Debt Collection Practices Act including, Defamation of Character. If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist including any garnishment immediately. Also, during this validation period, if any action is taken which could be considered any more detrimental to my financial well being I will surely file suit. \n\nIn addition, please understand that all the phone calls that were made are recorded and I verified and had received permission from the \" Attorney XXXX '' that I spoke to on XX/XX/XXXX. This recording, if necessary, along with the illegal forms your company used to file a garnishment all will be forwarded to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), State of Michigan Attorney General, the Bar Association, the local XXXX XXXX XXXX ( XXXX ) for your business area and in the court system, XXXX District Court XXXX XXXX, Michigan XXXX for a Motion To Set Aside Judgement explaining to the court of this fraudulent and bogus garnishment if it is not stopped immediately. \n\nNext I will file a police report on your company if need be. Also, if necessary, I will file several poor, but true reviews on the internet, including XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and on and on explaining exactly how you are trying to conduct business so I can fairly warn any other potential \" victims '' of this shady practice so they may help themselves before their rights are violated. \n\nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment, EXCEPT to my employer removing your fraudulent garnishment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. \n\nAll future communications with me MUST be done in writing and sent to the address noted in this letter by USPS via First Class Registered Mail. It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an valid attempt for your law firm to correct your records, any information obtained shall be used for that purpose.\n\nI am hoping your law firm can resolve this immediately and realize the unethical manner of which you are trying to collect on a fraudulent account from 19 years ago. Do the right thing and make this correction immediately. It will save your company, myself and the court system a bunch of wasted time, money and energy. I am a very informed consumer, I know my rights and protections through the FCRA and the FDCA and will use them to my utmost needs and I absolutely refuse to have my rights stomped on by a debt collector doing their best to collect on a FRAUDULENT debt I am totally unaware of almost 2 decades old.\n\n****PLEASE NOTE XXXX , XXXX COPIES OF THIS LETTER AND ANY AND ALL COMPLAINTS FILED AGAINST YOUR LAW FIRM WITH THE ENTITIES BELOW ARE ON FILE WITH MY ATTORNEY ON RETAINER IF I SO CHOOSE TO EMPLOY HIM IN THE FUTURE IF THIS CAN NOT BE AMICABLY RESOLVED BETWEEN MYSELF AND YOUR COMPANY. THEY ALSO DO CHAPTER XXXX AND XXXX BANKRUPTCY, SO THE GARNISHMENTS WILL STOP ONE WAY OR ANOTHER IMMEDIATELY UPON FILING. \n\nCOPIES OF ALL THE PAPERWORK AND THESE ILLEGAL AND FRAUDULENT \" JUDGEMENTS '' WILL BE FORWARDED TO THE CFPB, FTC, ATTORNEY GENERAL, XXXX AND ANYONE ELSE NECESSARY TO MAKE THIS RIGHT. \n\nIF YOUR LAW FIRM MAKES THE CORRECT DECISION AND DOES REALIZE THE ILLEGAL AND FRAUDULENT MISTAKE IT IS IN THE PROCESS OF MAKING I WILL VOLUNTARILY REMOVE ANY AND ALL COMPLAINTS AND/OR NEGATIVE REVIEWS FROM THE ENTITIES ABOVE IF IT IS SETTLED CORRECTLY, MY PERSONAL WAGES AND FUNDS ARE RETURNED TO ME AND THIS FRAUDULENT AND BOGUS GARNISHMENT IS REMOVED IMMEDIATELY.","date_sent_to_company":"2018-04-12T20:47:23.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"48101","tags":null,"has_narrative":true,"complaint_id":"2873851","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2018-04-12T20:47:21.000Z","state":"MI","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["As I will mention several times, we both know you can not. I have never heard of or spoken to anyone from your law firm until today, XX/XX/XXXX. \n\n4- Provide a verification or copy of any judgment if applicable which is legally allowed, not \" renewing '' some fraudulent debt from XX/XX/XXXX of which did not belong to me. We both know you can not do so.\n\n5- Identify the original creditor and legal proof of myself being the owner of this fraudulent account."],"product":["Debt collection"]},"sort":[11.2627945,"2873851"]},{"_index":"complaint-public-v1","_id":"3526591","_score":11.0284395,"_source":{"product":"Debt collection","complaint_what_happened":"QWR NOTICE OF ERROR Loan # XXXX Property owner : XXXX XXXX Trustee Property address : XXXX XXXX XXXX XXXX XXXX, Ohio XXXX Time Line of fraudulent and possible contemptible actions taken against XXXX XXXX XXXX and the XXXX XXXX XXXX Family trust SUPPORTIVE FACTS : 1. In XX/XX/XXXX XXXX XXXX XXXX as individual and as XXXX XXXX XXXX Trustee for the Family trust filed a chapter XXXX bankruptcy case # XXXX. \n\nFACT : In XX/XX/XXXX I notified Shellpoint / XXXX of the violations of the previous loan service company such as demanding debt that because of the Chapter XXXX case XXXX was filed was not owed and was prohibited by the Bankruptcy court to be pursued in any way. \n\nFACT : Per a CFPB complaint response letter I received on XX/XX/XXXX escalation case # XXXX. Shellpoint states there was a unpaid principle balance on my loan to in the amount of {$44000.00}. Shellpoint then states in the same letter the total amount due on the loan is {$41000.00} which shellpoint list in their response includes monthly installment payments and late fees totaling {$19000.00}. Then Shellpoint adds to the balance of the loan legal fees in the amount of {$20000.00}. Then Shellpoint issues a Payoff statement in the amount of {$88000.00} and files a foreclosure action. \n\nFACT : The loan History Summary submitted as part of Shellpoints CFPB response letter dated XX/XX/XXXX list the loan principle balance at the time of the loan transfer as {$45000.00} on XX/XX/XXXX showing a certified mail distribution cost of {$7.00}. \n\nFACT : Shellpoint sent me a copy of a prior loan service history which list only Shellpoint on the report but a prior loan ID # XXXX. This report lists a dollar amount of {$19000.00} as a RESTRICTED CORPORATE ADVANCE ADJUSTMENT. \n\nFACT : NewRez LLC DBA Shellpoint Mortgage service dated XX/XX/XXXX with a time date stamp of XXXX XXXX. The statement list a XXXX XXXX in the amount of {$19000.00} and a principle only cramdown amount in the amount of {$19000.00} showing a principle balance on the loan in the amount of {$45000.00} with a due date of XX/XX/XXXX. Shellpoint sent me a payoff letter dated XX/XX/XXXX showing a balance due of {$100000.00} one month before the sale of the property. \n\n\n\nTIME LINE ORDER OF BANKRUPTCY CODE VIOLATIONS COMMITTED BY SHELLPOINT IF BROUGHT INTO BANKRUPTCY COURT COULD EACH BE A CONTEMPT CHARGE. \n\n1. The loan service company placing a Deferred balance on the monthly statements that was the cramdown debt plus XXXX XXXX from the Chapter XXXX case as a amount still owed. \n\n2. On XX/XX/XXXX PayOff statement listing FEES due in the amount of {$21000.00} due in order for the loan to be paid off.\n\n3. On XX/XX/XXXX PayOff statement listing FEES due in the amount of {$29000.00} at which {$19000.00} listed as XXXX XXXX in the Fees breakdown page of the PayOff statement. This amount as listed above was shown as a RESTRICTED COR\n\nPORATE ADVANCE ADJUSTMENT not allowed to be pursed per the bankruptcy code. 4.\nIn XX/XX/XXXX though a CFPB complaint response letter Shellpoint confirmed that the amount in the payoffs were correct going as far as stating that is what I owe which the payoff included cramdown debt and XXXX XXXX. Shellpoint ignored my last plea in the CFPB complaint to stop the foreclosure sale that was to take place in XX/XX/XXXX on my property. \n\n\n\nACTIONS TAKEN BY SHELLPOINTS ATTORNEY AND PSO IN XXXX COUNTY COMMON PLEAS COURT THAT LEAVE QUESTIONABLE ACTIONS TAKEN BY BOTH XXXX XXXX AND THE PSO SELLER XXXX XXXX IN REGARDS TO THE SELLING OF THE PROPERTY FOR THE COURTS IN THE FORECLOSURE SALE ON XXXX. \n\n1. In case # XXXX XXXX XXXX XXXX of the XXXX XXXX XXXX requested a PSO seller XXXX XXXX to be allowed to sell the defendants property. The motion was granted by the courts. \n\n2. On XX/XX/XXXX the property was placed on the XXXX website to be sold. Note I was a registered bidder on the site and the auction results for the property was that there was no bids on the property.\n\n3. On XX/XX/XXXX XXXX XXXX of XXXX XXXX and XXXX XXXX filed a sales report with the XXXX County Common Pleas court that the property sold to XXXX during the auction that took place on XX/XX/XXXX. \n\n4. XXXX XXXX as the attorney of record for the investor XXXX did not bid on the property nor did any attorney bid on the property in XX/XX/XXXX for XXXX but the FALSE sale was structured in the sales paperwork submitted by XXXX XXXX and XXXX XXXX that XXXX purchased the property but instructed the courts to place the property into another investors name XXXX which again to be clear never bided on the property. \n\n5. I notified XXXX XXXX of the fraudulent sale and was ignored by the law firm. At one point I called the investor on file who the auctioneer XXXX XXXX listed as the bidder on the property the person was not available because that person had quit the company according to the XXXX in profile. I was instructed to contact a woman on the answer machine I did and left a message. I was contacted by XXXX XXXX within minutes of my call being told not to contact them again and to keep my noise on my face. \n\n6. My Tenants were immediately being harassed by a real-estate agent with XXXX XXXX that the investor hired to empty out the building. XXXX XXXX went to the property and told my tenants that the property was sold at the auction in XXXX and that they should not pay me rent and prepare to move out. She even gave my tenants a move packet. NOTE MY RENT STOPPED. \n\n7. I contacted XXXX XXXX and informed her to keep off my property the deed was still in my name and she was trespassing and was also committing a violation of the Real-estate code of ethics by harassing my tenants and telling them not to pay rent. \n\n8. Shortly after that XXXX XXXX informed me that I should not contact her anymore and did not have rights to the property it was REO at that time the deed was being pursued for confirmation by XXXX XXXX and XXXX XXXX to fraudulently acquire title to evict my tenants. \n\n9. The confirmation went though regardless of my protest. In XX/XX/XXXXone of my attorneys filed a appeal with the courts and another lawyer contest the confirmation of the deed stating that the sale did not happen. \n\n10. The appeals court sided with the investor that the sale was valid but did not have any supporting evidence from me to prove my case.\n\n11. On XX/XX/XXXX the XXXX County Common pleas court had a hearing to decide if the sale was valid or not. I present undisputed evidence that the sale did not happen and the Judge had no choice but to vacate the sale and return my property. \n\n\n\nDAMAGES from the fraudulent actions of XXXX XXXX and XXXX XXXX 1.Loss of Rents in the amount of {$1200.00} per month since the property has been vacated. {$15000.00} in loss of rents. \n\n2. Attorney fees and cost from my defense trying to stop the investor from collection of debt that was not owed to the investor and per the bankruptcy code was uncollectable by the investor from XX/XX/XXXX to XX/XX/XXXX. {$25000.00} 3. Attorney fees and cost for my defense from the fraudulent sale submitted by XXXX XXXX and XXXX XXXX. {$5000.00} 4. Damages to the property after sitting empty for one year because of the fraudulent sale removing my tenants and allowing the property to be occupied by homeless squatters though out the year. {$30000.00} Property damage to wiring and plumbing removal by squatters. \n\nBroken windows and kicked in doors. \n\nDamaged decks and siding due to storm damage while the property was vacant. {$15000.00} ESTIMATED DAMAGES AS OF XX/XX/XXXX {$60000.00} The estimate is NOT exact I reserve the right to change as needed as the investor prolongs the settlement of the improper and illegal actions performed by the investors staff. Shellpoint, XXXX XXXX and XXXX XXXX. \n\nI FIND THE LACK OF ACTION TAKEN BY THE COURTS VERY DISGUSTING THAT LAWYER XXXX XXXX AND AUCTIONEER XXXX XXXX ACTIONS THAT WERE TAKEN TO DECEIVE THE COURTS IN THE SALE PROCESS ATTACHED TO THE COURT ORDERED FORECLOSURE SALE HAVE NOT BEEN INVESTIGATED BY THE XXXX COUNTY SHERIFF 'S DEPARTMENT OR THE OHIO ATTORNEY GENERAL OFFICE. \n\nTHIS MIGHT BE BECAUSE THEY HAVE POSSIBLY COMMITTED THIS ACTION ON MANY OTHER SALES OVER THE PAST 3 YEARS THAT PSO SELLERS WERE ALLOWED TO WORK IN THE SALES PROCESS OF THE COURTS AND THE COURTS MIGHT BE TRYING NOT TO ALLOW THIS TO BLOW UP INTO A MULTIPLE CLASS ACTION LAWSUIT.","date_sent_to_company":"2020-02-24T13:41:31.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"45042","tags":null,"has_narrative":true,"complaint_id":"3526591","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2020-02-10T04:34:30.000Z","state":"OH","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Attorney fees and cost from my defense trying to stop the investor from collection of debt that was not owed to the investor and per the bankruptcy code was uncollectable by the investor from XX/XX/XXXX to XX/XX/XXXX. {$25000.00} 3. Attorney fees and cost for my defense from the fraudulent sale submitted by XXXX XXXX and XXXX XXXX. {$5000.00} 4."],"product":["Debt collection"]},"sort":[11.0284395,"3526591"]},{"_index":"complaint-public-v1","_id":"4806594","_score":10.492553,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX I received a full discharge of debts via Chapter XXXX Bankruptcy. See Bankruptcy Discharge Order, XXXX XXXX. XXXX. However, Navient, a creditor has refused to acknowledge the discharge of the debts and continues to report the discharged accounts as open as well as illegally engage in collection activities. It was determined that the private loan debts associated with Navient do not qualify as non-dischargeable, and thus did not require an adversary proceeding for discharge, therefore making them included in the general discharge order. \n\nThe two statutes that dictate dischargeability are 11 U.S.C. 523 ( a ) ( 8 ) ( A ) and 11 U.S.C. 523 ( a ) ( 8 ) ( B ). Navient has already affirmed the loans do not fit the requirements under 11 U.S.C. 523 ( a ) ( 8 ) ( A ) and that they do not have information to prove or show cause that the loans fit under 11 U.S.C. 523 ( a ) ( 8 ) ( B ).\n\nIt is important to note that this complaint is not an argument that the loans should be discharged. This complaint is to assert the fact that the discharge already happened and Navient refuses to comply with the legal discharge order. \n\nThe exact language of statutes being referred to throughout this complaint are written below as a reference - 11 U.S.C. 523 ( a ) ( 8 ) states : ( a ) A discharge under section 727, 1141, 1192 [ 1 ] 1228 ( a ), 1228 ( b ), or 1328 ( b ) of this title does not discharge an individual debtor from any debt ( 8 ) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtors dependents, for ( A ) ( i ) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution ; or ( ii ) an obligation to repay funds received as an educational benefit, scholarship, or stipend ; or ( B ) any other educational loan that is a qualified education loan, as defined in section 221 ( d ) ( 1 ) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual ; As referenced by 11 U.S.C. 523 ( a ) ( 8 ) ( B ) - section 221 ( d ) ( 1 ) of the Internal Revenue Code of 1986 states : ( d ) Definitions For purposes of this section ( 1 ) Qualified education loan : The term qualified education loan means any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses RE : 11 U.S.C. 523 ( a ) ( 8 ) ( A ) The loans are not considered an educational benefit per the most recent ruling by the United States Court of Appeals for the Second Circuit which stated The defining characteristic of a loan, by contrast, is an unconditional obligation to pay it back. Interpreting educational benefit to cover all private student loans when the two terms listed in tandem describe specific and quite limited kinds of payments that... do not usually require repayment, In re Crocker, 941 F.3d at 220, would improperly broaden 523 ( a ) ( 8 ) ( A ) ( ii ) s scope. Homaidan v. SLM Corp. ( In re Homaidan ), 596 B.R. 86 ( Bankr. E.D.N.Y. 2019 ). As such, they would not be exempt from the general discharge order. In fact, Navient agreed with and recognized this fact in an email from their Customer Advocate, XXXX XXXX and both her Supervisor, XXXX XXXX, and Navients Associate General Counsel, XXXX XXXX, conceded to this fact. Yet, they still have not removed me from the account nor updated the credit bureaus ; and persist with unlawful collection attempts. \n\nIn prior communication with Navient, Navient already agreed and stated that the private loans associated with Account # XXXX \" do not meet the criteria for non-dischargeability under 11 U.S.C. 523 ( a ) ( 8 ) ( A ) ( ii ) '' [ a direct quote from Navient ]. See Navient Response Email dated XX/XX/XXXX. Thus, the loans did not require additional action beyond the general discharge i.e., did not require an adversary proceeding. As a result, the loans were included in the general discharge ordered on XX/XX/XXXX ; and are to be recognized as discharged which requires Navient to remove my name from the account and update the credit bureaus accordingly.\n\nRE : 11 U.S.C. 523 ( a ) ( 8 ) ( B ) It also has already been confirmed that the loans also did not meet the criteria for non-dischargeability under 11 U.S.C. 523 ( a ) ( 8 ) ( B ) as they do not meet the definition of a \" qualified education loan '' as defined in section 221 ( d ) ( 1 ) of the Internal Revenue Code of 1986 ; because \" Navient would not have information regarding how the proceeds were applied '' [ a direct quote from Navient ] and thus Navient can not factually assert that they were used \" solely '' for qualified education expenses. See Navient Response Email dated XX/XX/2021. To be clear, if even one ( 1 ) cent of any loan is used for anything other than a qualified education expense, that means it was not \" solely '' used for qualified education expenses and as such it can not be deemed a \" qualified education loan '' per section 221 ( d ) ( 1 ) of the Internal Revenue Code of 1986. I have already affirmed and informed Navient that the loans were not \" solely '' used for qualified education expenses, and Navient conceded that they have no evidence to the contrary. Thus, the private loans associated with my Navient account failed to meet the criteria for non-dischargeability that would require an adversary proceeding, and as a result were included in the general discharge order. \n\nIn fact, when presenting this information to Navients Associate General Counsel, XXXX XXXX, he did not argue against or challenge the fact that the loans were not used solely for qualified education expenses. Furthermore, he inaccurately stated that the loans \" are non-dischargeable in bankruptcy because they were certified by XXXX XXXX as being within the total costs of your attendance '', and related this to the term \" qualified education loans, as that term is defined in 221 ( d ) ( 1 ) of the Internal Revenue Code ''. See Navient Response Letter dated XX/XX/XXXX. However, this attribution is wrong and misleading- the language in the statute is very specific and narrow ; and makes it clear that a certification by the university as to the cost of attendance is not what makes a loan a \" qualified education loan ''. Thus, Navient is not arguing or asserting that the loans were used solely for qualified education expenses which is the requirement under 11 U.S.C. 523 ( a ) ( 8 ) ( B ).\n\nIn this complaint, I provided the exact language from the statute and it is explicit in that it states the indebtedness must be \" incurred by the taxpayer solely to pay qualified higher education expenses ''. XXXX XXXX XXXX certification of the cost of attendance does not certify that the funds were incurred \" solely to pay qualified higher education expenses ''. It is a gross misrepresentation of facts by Navient to state that this in any way certifies the purpose of the loan- as it is clear the university only certified the amount of the loan as it compares to the cost of attendance, not the purpose of the loans. In fact, by Navients own assertion, \" the stated purpose of your Loans, and not the ultimate use of proceeds, is what controls dischargeability under Bankruptcy Code 523 ( a ) ( 8 ) ''. See Navient Response Letter dated XX/XX/XXXX. As such, neither the university nor I certified the stated purpose of the Loans. Thus, the loans do not fall into the purview of 11 U.S.C. 523 ( a ) ( 8 ) ( B ), and therefore they do not fit the definition of 'non-dischargeable ', and as such, were included as part of the general discharge order related to my bankruptcy proceeding. To reiterate, the loan amounts falling within the total cost of attendance does not indicate nor serve as proof that they were incurred solely for qualified higher education expenses. \n\nFurthermore, the promissory agreement signed for the Loans concedes that the Loans may be incurred for and consist of \" funds that can not reasonably be attributed to meeting the education expense of the student borrower related to attendance at the School ''. See Sallie Mae Promissory Note XXXX. In addition, the School Certification section of the loan applications simply state \" the Total Certified Amount does not exceed the student 's cost of attendance ''. See Sallie Mae Promissory Note XXXX. XXXX XXXX did not in any way certify the stated purpose of the loan - which by Navients own assertion, the stated purpose of the loan is what courts have used to interpret 221 ( d ) ( 1 ) of the Internal Revenue Code, and represents Navient 's position. To reiterate, a stated purpose would have to be explicit in stating that the loans were incurred solely and only for qualified education expenses not simply that they may be used for those expense but that they would only be used for those qualified expenses. Thus, by Navients own assertion - since there is an absence of the stated purpose of the loan, the Loans would qualify as being included in the general discharge ordered on XX/XX/XXXX. \n\nXXXX XXXX, on behalf of Navient, stated that the sole and only reason for Navients refusal to recognize the discharge is that, XXXX XXXX certification that your Loans were used to pay for the cost of attendance controls. Thats their stated purpose. See Navient Email Dated XX/XX/XXXX. However, this assertion is undeniably false. XXXX XXXX directly disagreed with and contradicted XXXX XXXX statement that characterized their certification process. How can XXXX XXXX, on behalf of Navient, stand by this false assertion and refuse to acknowledge the legal discharge when the certifying entity in question, XXXX XXXX, has confirmed that their certification does not provide or verify a stated purpose? \n\nAttached to this complaint is email from XXXX XXXX confirming that their certification process does not verify, assert, and is not any way related to the stated purpose of the loans nor the usage of the proceeds. Per XXXX XXXX Financial Aid Office, \" Certification '' is the name of the process in which a financial aid counselor at a school verifies the amount of a loan a student is eligible to receive with the loan provider. A student is eligible for a loan if they are credit approved by the loan provider and the amount requested fits within the student 's Cost of Attendance budget for the year. See XXXX XXXX Email dated XX/XX/XXXX. \n\n\nConclusion : There are only two things that could have made the loans ineligible for discharge - and these loans fit neither of those requirements. Navient has already agreed that the loans do not meet the definition of educational benefit as defined by recent court rulings. Navient has also agreed that there is no evidence to show that the loans were used solely for qualified education expenses. XXXX XXXX has also confirmed that their certification process does not verify, allude to, confirm, or in any way represent the stated purpose of the loans. Thus, all attendant facts that show that the loans were not exempt from discharge and also did not fit the criteria of qualified educational loans. \n\nIt is abundantly clear that the private loans associated with Navient account were discharged via the general discharge ordered on XX/XX/XXXX. However, Navient refuses to comply with the discharge order. \n\nFurthermore, to avoid correcting their errors, XXXX XXXX has explicitly stated that Navient will not engage with me about my account, which boldly and unabashedly violates my consumer rights. He has also insinuated that obtaining an attorney is the only way that they will communicate with me about the debts. The seriousness of an attorney, unlicensed in my home state and representing the creditor at the highest level, withholding my account information unless I follow his inappropriate and unsolicited legal advice can not be understated. This is a result of their efforts to illegally collect on loans that have been discharged and to proceed with illegally reporting them as active. \n\nThis is not an opinion or dispute ; it is a matter of law and facts that Navient has blatantly decided to disregard. \n\nThank you, XXXX XXXX","date_sent_to_company":"2021-10-13T21:06:01.000Z","issue":"Attempts to collect debt not owed","sub_product":"Private student loan debt","zip_code":"97062","tags":null,"has_narrative":true,"complaint_id":"4806594","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2021-10-13T20:56:56.000Z","state":"OR","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX I received a full discharge of debts via Chapter XXXX Bankruptcy. See Bankruptcy Discharge Order, XXXX XXXX. XXXX. However, Navient, a creditor has refused to acknowledge the discharge of the debts and continues to report the discharged accounts as open as well as illegally engage in collection activities."],"product":["Debt collection"],"sub_issue":["Debt was already discharged in bankruptcy and is no longer owed"]},"sort":[10.492553,"4806594"]},{"_index":"complaint-public-v1","_id":"7745457","_score":8.9895935,"_source":{"product":"Debt collection","complaint_what_happened":"To : Consumer Financial Protection Bureau XX/XX/XXXX RE CFPB Case # XXXX Rebuttal /Amended Complaint to Response by Specialized Loan Servicing LLC XXXX XX/XX/XXXX The received response letter ( XX/XX/XXXX ) from Specialized Loan Servicing, XXXX ( XXXX ) is filled with false statements, traceable violations of CFPB rules and regulation and misrepresentation of actual facts. We are still studying the financial records but wish to renew a complaint of consumer abuses by Specialized Loan Servicing, LLC, prior abuses by loan servicer XXXX XXXXXXXX XXXX XXXXXXXX. and corporations SLS identified as creditor XXXX XXXX XXXX XXXX XXXX XXXX XXXX and and trustee XXXX XXXX XXXXXXXX XXXX as the foundation of their rights to debt collection. \nA. SLS ' False Facts Regarding Property Insurance : On or about XX/XX/XXXX Specialized Loan Servicing, LLC ( SLS ) contacted our insurance carrier and directed them to disallow us to make insurance payments directly. In their response to the above complaint [ Case # XXXX ] SLS ' admits a single record of contact [ ing ] made to the insurance company [ XXXX ] XXXX on XX/XX/XXXX. This is false. XXXX provided a special notice to us on XX/XX/XXXX letting us know we were : no longer listed as the payer for this policy. As a result, future bills will be sent to the designated payer i.e. your mortgage company. [ Attached as Exhibit XXXX is that notice from insurance company, XXXX dated XX/XX/XXXX. ] The date of SLS ' records of contact and the outcome of their action ( XXXX ) are a misrepresentation of facts in SLS ' XX/XX/XXXX response. This was an attempt by SLS to pile additional bogus charges to our mortgage. We have always paid our own home insurance, and have ample evidence of that fact. \nB. Deed of Trust ( DOT ) Submitted by Specialized Loan Servicing Specialized Loan Servicing offers the DOT as one of its foundation for their money claims. However there is a major problem with that for SLS. In XXXX, XXXX we discovered the DOT was a materially altered document. XXXXXXXX XXXX XXXXXXXX recorded in ( XXXX, XX/XX/XXXX [ attached first page Exhibit 2 ] ) an extra page titled DESCRIPTION ( SLS Response page XXXX/XXXX ) which adds ( after the fact ) an extra 3,600 Square Foot parcel of vacant land ( XXXX No. XXXX ) to the security.i SLS ' submitted, altered loan contract is void. \nXXXX There Never Was a Forbearance Agreement On page XXXX/XXXX of SLS 's response they claim there were forbearance processes from XXXX and XXXX. This is a misrepresentation of the facts by SLS. In a state trial for injunctive relief from a threatened nonjudicial foreclosure sale, XXXX XXXXXXXX XXXX XXXXXXXX. admitted ( XX/XX/XXXX ) there never was an executed forbearance agreement.ii XXXX XXXXXXXX XXXX XXXXXXXX. using an alias of XXXX 's XXXX XXXX ( XXXX ) had attempted a foreclosure based on claimed bogus piled-on insurance and property tax payments which were challenged first in qualified written requests then in a state complaint. Under the guise of XXXX, XXXX XXXXXXXX XXXX XXXXXXXX. XXXX XXXX ) had attempted to engage us in a repayment agreement for amounts that had no basis. When we refused to agree to bogus charges with no substantiation, XXXX XXXX XXXX nonjudicial foreclosure sale in XXXX. On their own, XXXX XXXX XXXX foreclosure sale filing a Notice of Rescission of the Notice of XXXX and Notice XXXX XXXX XXXX XXXX XXXX ) recorded at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX foreclosure attempts have used bogus charges, diversion of payments for their own use and false statement of fact ( as Specialized Loan Servicing, LLC is now doing ). Each of these attempts have been illegal and terminated via Notices of Rescission. Another example of abuse. \nXXXX Promissory Note /Adjustable Rate Rider : The promissory note and adjustable rate rider are subject to law as found in Note 6 [ SLS 's response page XXXX/XXXX ] and DOT XXXX. In both documents, changes in interest rates are required to comply with state and federal laws. In this case California Civil Code 1916.5 supersedes the loan terms for interest adjustment. In their response, SLS referenced the Note and Deed of Trust language, but refuses to comply with the commitment to follow the laws and rules of California or Federal Rules as they have been determined by law. iii E. Unauthorized Charges In the response periodic statement for amount due XX/XX/XXXX SLS still shows it charged our mortgage account periodic unauthorized fees now totaling {$69000.00} in year to date Fees/ Charges/ Optional Product. ( See page XXXX of XXXX ' response. ) These charges are contrary to the Bankruptcy closing records showing amount outstanding as {$0.00} See attached Exhibit XXXX : Form XXXX filed XX/XX/XXXX by SLS ' attorney : XXXX XXXX. \nAnother example is, Specialized Loan Servicing, LLC received a mortgage payment cashiers ' check # XXXX on XX/XX/XXXX per signed return receipt USPS XXXX XXXX XXXX XXXX XXXX XXXX in the amount of {$22000.00}. Specialized Loan Servicing, LLC did not record receipt until XX/XX/XXXX as Single Item Receipt but placed the funds in Unapplied Funds keeping this money for itself and never crediting at any time towards principal or interest. The alleged principal balance both before and after this XX/XX/XXXX payment stayed unchanged at {$350000.00} ( XXXX ' XXXX pages XXXX XXXX copy of check and signed receipt attached as Exhibit XXXX. \nConclusion/Request for Help What we have seen from XXXX XXXXXXXX XXXX XXXX XXXXXXXX. and Specialized Loan Servicing, LLC 's responses to our multiple ( 16 ) qualified written requests are poorly organized, contradicting financial reporting, misapplication of payments when received and what appears are, to our knowledge, illegal diverting our mortgage payments for their own use and profits. SLS presents their financial information in a manner that does not follow generally accepted accounting practices. \nAs an example in response to some qualified written requests SLS admits to taking a mortage payment of {$7900.00} and reversed off the account on XX/XX/XXXX ( See letter XX/XX/XXXX attached as Exhibit 5 ) ( SLS response page XXXX/XXXX ) But, SLS never credited this payment to reduce principal or pay interest. Instead, XXXX increased the outstanding principal balance after receipt of the payment. \nAnother example is XXXX fraudulent late charges, each for {$990.00} on XX/XX/XXXX ( XXXX Response pages XXXX ) and a bogus charge of {$99000.00} ( Fee Billed ) on XX/XX/XXXX ( XXXX Response page XXXX/XXXX, see also Exhibit XXXX ledger page XXXX ). SLS and XXXX XXXXXXXX XXXX XXXXXXXX. refuse to provide any substantiating proof of those charges or explanation of where the money has disappeared to ( though corporate criminality is certainly a possibility. ) We have excellent and accurate evidence of our payments made. Each month we send a certified check via USPS tracked mail with signed returned receipt. We know when SLS receives each check and when they cash it ( or hold it and illegally charge late fees. ) We suffer financially as principal is not reduced when payments are diverted to SLS ' own accounts and interest charges are based on inflated outstanding loan balances. In addition when interest rates are illegally inflated by failure to adhere to California laws, we are forced to pay extra amounts each month. \nWe believe you know that XXXX XXXXXXXX XXXX XXXXXXXX. and Specialized Loan Servicing, LLC ( alter ego of XXXX XXXX ) have miserable reputations and numerous complaints against them. We have been dealing with this abuse and incessant criminal actions for years. At this point it could legally be called elder abuse! We seek guidance and assistance from CFPB in stopping the loan servicer abuses SLS makes for their own gain and on behalf of trustee XXXX XXXX XXXXXXXX, and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( SLS ' response page XXXX/XXXX. ). \nWe will diligently address all XXXX pages of SLS ' response and bring CFPB up to date as soon as possible. However these financial records are presented in a difficult and obscure manner which it seems is to purposefully obfuscate the information. \nThank you in advance for any help you can offer in bringing SLS and its cohorts to stop their fiscal past and present white collar shakedown. \n\n\n\nXXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2023-10-23T18:52:19.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"94801","tags":"Older American","has_narrative":true,"complaint_id":"7745457","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2023-10-23T18:27:20.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Unauthorized Charges In the response periodic statement for amount due XX/XX/XXXX SLS still shows it charged our mortgage account periodic unauthorized fees now totaling {$69000.00} in year to date Fees/ Charges/ Optional Product. ( See page XXXX of XXXX ' response. ) These charges are contrary to the Bankruptcy closing records showing amount outstanding as {$0.00} See attached Exhibit XXXX : Form XXXX filed XX/XX/XXXX by SLS ' attorney : XXXX XXXX."],"product":["Debt collection"]},"sort":[8.9895935,"7745457"]},{"_index":"complaint-public-v1","_id":"7745593","_score":8.987075,"_source":{"product":"Debt collection","complaint_what_happened":"To : Consumer Financial Protection Bureau XX/XX/XXXXXXXX RE CFPB Case # XXXX Rebuttal /Amended Complaint to Response by Specialized Loan Servicing LLC dated XX/XX/XXXXXXXX The received response letter ( XX/XX/XXXXXXXX ) from Specialized Loan Servicing, LLC ( SLS ) is filled with false statements, traceable violations of CFPB rules and regulation and misrepresentation of actual facts. We are still studying the financial records but wish to renew a complaint of consumer abuses by Specialized Loan Servicing, LLC, prior abuses by loan servicer XXXX XXXX XXXX, XXXX. and corporations SLS identified as creditor XXXX XXXX XXXX XXXX XXXX XXXX XXXX and and trustee XXXX XXXX, XXXX XXXX as the foundation of their rights to debt collection. \nA. SLS ' False Facts Regarding Property Insurance : On or about XX/XX/XXXXXXXX Specialized Loan Servicing, LLC ( SLS ) contacted our insurance carrier and directed them to disallow us to make insurance payments directly. In their response to the above complaint [ Case # XXXX ] SLS ' admits a single record of contact [ ing ] made to the insurance company [ XXXX ] was on XX/XX/XXXX. This is false. XXXX provided a special notice to us on XX/XX/XXXX letting us know we were : no longer listed as the payer for this policy. As a result, future bills will be sent to the designated payer i.e. your mortgage company. [ Attached as Exhibit 1 is that notice from insurance company, XXXX dated XX/XX/XXXX. ] The date of SLS ' records of contact and the outcome of their action ( s ) are a misrepresentation of facts in SLS ' XX/XX/XXXX response. This was an attempt by SLS to pile additional bogus charges to our mortgage. We have always paid our own home insurance, and have ample evidence of that fact. \nB. Deed of Trust ( DOT ) Submitted by Specialized Loan Servicing Specialized Loan Servicing offers the DOT as one of its foundation for their money claims. However there is a major problem with that for SLS. In XXXX, XXXX we discovered the DOT was a materially altered document. XXXX XXXX XXXX recorded in ( DOC-XXXX, XX/XX/XXXXXXXX [ attached first page Exhibit 2 ] ) an extra page titled DESCRIPTION ( SLS Response page 23/103 ) which adds ( after the fact ) an extra 3,600 Square Foot parcel of vacant land ( APN No. XXXX ) to the security.i SLS ' submitted, altered loan contract is void. \nC. There Never Was a Forbearance Agreement On page 2/103 of SLS 's response they claim there were forbearance processes from XXXX and XXXX. This is a misrepresentation of the facts by SLS. In a state trial for injunctive relief from a threatened nonjudicial foreclosure sale, XXXX XXXX XXXX, XXXX. admitted ( XX/XX/XXXXXXXX ) there never was an executed forbearance agreement.ii XXXX XXXX XXXX, XXXX. using an alias of XXXXXXXX XXXX XXXX XXXX ( XXXX ) had attempted a foreclosure based on claimed bogus piled-on insurance and property tax payments which were challenged first in qualified written requests then in a state complaint. Under the guise of XXXX, XXXX XXXX XXXX, XXXX. ( XXXX ) had attempted to engage us in a repayment agreement for amounts that had no basis. When we refused to agree to bogus charges with no substantiation, XXXX initiated a nonjudicial foreclosure sale in XXXX. On their own, XXXX retracted the foreclosure sale filing a Notice of Rescission of the Notice of Default and Notice of Trustee Sale ( DOC-XXXX ) recorded at XXXX XXXX County Recorders ' Office on XX/XX/XXXXXXXX . Three foreclosure attempts have used bogus charges, diversion of payments for their own use and false statement of fact ( as Specialized Loan Servicing, LLC is now doing ). Each of these attempts have been illegal and terminated via Notices of Rescission. Another example of abuse. \nD. Promissory Note /Adjustable Rate Rider : The promissory note and adjustable rate rider are subject to law as found in Note 6 [ SLS 's response page 6/103 ] and DOT 14. In both documents, changes in interest rates are required to comply with state and federal laws. In this case California Civil Code 1916.5 supersedes the loan terms for interest adjustment. In their response, SLS referenced the Note and Deed of Trust language, but refuses to comply with the commitment to follow the laws and rules of California or Federal Rules as they have been determined by law. iii E. Unauthorized Charges In the response periodic statement for amount due XX/XX/XXXXXXXX SLS still shows it charged our mortgage account periodic unauthorized fees now totaling {$69000.00} in year to date Fees/ Charges/ Optional Product. ( See page 102/103 of SLS ' response. ) These charges are contrary to the Bankruptcy closing records showing amount outstanding as {$0.00} See attached Exhibit 3 : Form 4001R filed XX/XX/XXXXXXXX by SLS ' attorney : XXXX XXXX. \nAnother example is, Specialized Loan Servicing, LLC received a mortgage payment cashiers ' check # XXXX on XX/XX/XXXXXXXX per signed return receipt USPS Record XXXX XXXX XXXX XXXX XXXX in the amount of {$22000.00}. Specialized Loan Servicing, LLC did not record receipt until XX/XX/XXXXXXXX as Single Item Receipt but placed the funds in Unapplied Funds keeping this money for itself and never crediting at any time towards principal or interest. The alleged principal balance both before and after this XX/XX/XXXXXXXX payment stayed unchanged at {$350000.00} ( SLS ' Response pages 41-42/103 See copy of check and signed receipt attached as Exhibit 4. \nConclusion/Request for Help What we have seen from XXXX XXXX XXXX XXXX XXXX. and Specialized Loan Servicing, LLC 's responses to our multiple ( 16 ) qualified written requests are poorly organized, contradicting financial reporting, misapplication of payments when received and what appears are, to our knowledge, illegal diverting our mortgage payments for their own use and profits. SLS presents their financial information in a manner that does not follow generally accepted accounting practices. \nAs an example in response to some qualified written requests SLS admits to taking a mortage payment of {$7900.00} and reversed off the account on XX/XX/XXXXXXXX ( See letter XX/XX/XXXX attached as Exhibit 5 ) ( SLS response page 70/103 ) But, SLS never credited this payment to reduce principal or pay interest. Instead, SLS increased the outstanding principal balance after receipt of the payment. \nAnother example is 13 fraudulent late charges, each for {$990.00} on XX/XX/XXXXXXXX ( SLS Response pages 75-76/103 ) and a bogus charge of {$99000.00} ( Fee Billed ) on XX/XX/XXXXXXXX ( SLS Response page 74/103, see also Exhibit 5 ledger page 4/7 ). SLS and XXXX XXXX XXXX, XXXX. refuse to provide any substantiating proof of those charges or explanation of where the money has disappeared to ( though corporate criminality is certainly a possibility. ) We have excellent and accurate evidence of our payments made. Each month we send a certified check via USPS tracked mail with signed returned receipt. We know when SLS receives each check and when they cash it ( or hold it and illegally charge late fees. ) We suffer financially as principal is not reduced when payments are diverted to SLS ' own accounts and interest charges are based on inflated outstanding loan balances. In addition when interest rates are illegally inflated by failure to adhere to California laws, we are forced to pay extra amounts each month. \nWe believe you know that XXXX XXXX XXXX, XXXX. and Specialized Loan Servicing, LLC ( alter ego of XXXX XXXX ) have miserable reputations and numerous complaints against them. We have been dealing with this abuse and incessant criminal actions for years. At this point it could legally be called elder abuse! We seek guidance and assistance from CFPB in stopping the loan servicer abuses SLS makes for their own gain and on behalf of trustee XXXX XXXX, XXXX, and Real Estate Investment Trust pooling agent XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( SLS ' response page 1/103. ). \nWe will diligently address all 103 pages of SLS ' response and bring CFPB up to date as soon as possible. However these financial records are presented in a difficult and obscure manner which it seems is to purposefully obfuscate the information. \nThank you in advance for any help you can offer in bringing SLS and its cohorts to stop their fiscal past and present white collar shakedown. \n\n\n\nXXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2023-12-05T11:45:02.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"94801","tags":"Older American","has_narrative":true,"complaint_id":"7745593","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2023-10-23T18:52:28.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Conclusion/Request for Help What we have seen from XXXX XXXX XXXX XXXX XXXX. and Specialized Loan Servicing, LLC 's responses to our multiple ( 16 ) qualified written requests are poorly organized, contradicting financial reporting, misapplication of payments when received and what appears are, to our knowledge, illegal diverting our mortgage payments for their own use and profits."],"product":["Debt collection"]},"sort":[8.987075,"7745593"]},{"_index":"complaint-public-v1","_id":"10820802","_score":8.906854,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am requesting assistance from the CFPB for XXXX XXXX XXXX to comply with the enforcement in action that has been taken against XXXX XXXX FOR illegally tarnishing my consumer credit report., where they are forced to pay {$28.00} XXXX to consumers who were effected, which includes myself in reference to consent order XXXX. Please see the attached letter I sent to them on XX/XX/XXXX. I will include all exhibits that were mailed to them also. \n\nXX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX XXXX # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Attention : Corporate Head Office XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attention : XXXX XXXX XXXX XXXX XXXX XXXX. \nXXXX XXXX, MI XXXX XXXX XXXX # XXXX XXXX XXXX XXXX XXXX XXXX Subject : Request for Compensation and Disclosure Related to Loan # XXXX Dear XXXX XXXX XXXX, Member and Chief XXXX XXXX I am writing to formally address recent developments between the Consumer Financial Protection Bureau ( CFPB ) and TD Bank USA regarding violations of consumer rights, specifically concerning the management of my credit report associated with Loan Number # XXXX. \nAs you are aware, I have been adversely affected by the illegal reporting of my consumer credit information, which has led to significant financial and emotional distress. I hereby request monetary compensation and the immediate release of the lien on Account # XXXX. \nDisclosures Requested In accordance with applicable laws, I am requesting the following disclosures : XXXX. 15 U.S.C. 6802 : Privacy provisions related to the handling of personal financial information. \nXXXX. 15 U.S.C. 1601 : Disclosure of terms and conditions of the credit transaction. \nXXXX. 16 CFR 433.2 Preservation of consumers claims and defenses, unfair or deceptive acts or practices.. \nXXXX. 15 U.S.C. 1605 Determination of Finance charge ( a ) finance Charge defined ( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \nXXXX. 15 U.S.C. 1681s-2 ( b ) : Duties of furnishes of information upon notice of dispute. \nXXXX. Any other disclosures mandated under the Truth in Lending Act ( XXXX ) or applicable laws. \nSupporting Case Laws for Disclosures XXXX. 15 U.S.C. 1605 - Consumer Claims and Defenses Case : XXXX XXXX XXXX & XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX Dist. XXXX XXXX ( XXXX XX/XX/XXXX ) In this case, the court emphasized the necessity of preserving consumer claims under the Truth in Lending Act ( TILA ). The court ruled that consumers must be allowed to assert defenses and claims stemming from unfair or deceptive practices in credit transactions, aligning with the intent of Congress to protect consumers. \n\nXXXX. XXXX XXXX. XXXX - Preservation of Consumer Claims and Defenses Case : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX. XXXX, XXXX ) This case addressed the application of the Fair Credit Reporting Act ( FCRA ) and the preservation of consumer rights. The court reiterated that consumers have the right to dispute inaccuracies and that contractual provisions should not undermine those rights, thus reinforcing the principles set forth in 16 C.F.R. 433.2. \n\nXXXX. Additional Supportive Case Law Case : XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX Dist. XXXX XXXX ( XXXX XXXX. XXXX XXXX, XXXX ) In this case, the court discussed the implications of the Fair Debt Collection Practices Act ( FDCPA ) and affirmed that consumers must be allowed to assert claims against creditors, which correlates with the provisions ensuring that consumer rights are protected in financial transactions. \n\nCase : XXXX v. XXXX, XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX. XXXX XXXX, XXXX ) This case highlighted the importance of the right to assert claims in the context of consumer protection laws. The court found that any contractual clauses attempting to waive a consumer 's right to assert defenses are unenforceable under applicable consumer protection statutes. \n\nConclusion These cases illustrate the judicial support for the preservation of consumer claims and defenses under both 15 U.S.C. 1605 and 16 C.F.R. 433.2. They reinforce the notion that consumers are entitled to protections against unfair practices and can assert their rights in contract disputes. \nSupporting Case Law Against TD Auto Finance and TD Bank XXXX. Case : XXXX v. XXXX XXXX, XXXX, XXXX XXXX Dist. XXXX XXXX ( XXXX. XXXX XXXX. XXXX, XXXX ) In this case, the plaintiff alleged that TD Bank furnished inaccurate information to credit reporting agencies, which damaged their credit report. The court emphasized the importance of accurate reporting under the FCRA and held that creditors have a duty to ensure the accuracy of the information they report. \n\nXXXX. Case : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dist. XXXX XXXX ( XXXX XXXX XXXX XXXX, XXXX ) In this case, the plaintiff claimed that TD Auto Finance provided incorrect information to credit reporting agencies, resulting in negative impacts on their credit report. The court found that consumers have the right to dispute inaccuracies under the FCRA and ruled in favor of the plaintiff, emphasizing the corporation 's responsibility for accurate reporting. \n\nXXXX. Case : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX. XXXX. XXXX, XXXX ) The court in this case examined allegations of inaccurate reporting and the failure of TD Bank to correct errors after being notified. The ruling reinforced that a failure to rectify inaccuracies can lead to liability under the FCRA. \nXXXX. Case : XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXXXXXX ( XXXX. XXXX XX/XX/XXXX ) This case involved a plaintiff who asserted claims against TD Auto Finance for reporting incorrect information that adversely affected their credit report. The court recognized the consumer 's right to seek damages for violations of the FCRA when accurate reporting is not maintained. \n\nXXXX. Case : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX XXXX XXXX, XXXX ) In this case, the court ruled that TD Bank failed to provide accurate information regarding the consumer 's account, leading to negative reporting on the credit report. The court underscored that lenders must conduct reasonable investigations when a dispute is raised regarding the accuracy of reported information. \n\nConclusion These cases illustrate the obligations of financial institutions like TD Bank and TD Auto Finance under the FCRA to maintain accurate credit reporting and the potential consequences for failing to do so. If a consumer 's credit report is tarnished due to inaccuracies, these precedents can provide a basis for legal action. \nRequested Documentation Additionally, I request the following documentation : A copy of the 1099-C that was reported to my consumer report over the past 60 months as a charge-off. \nA copy of the insurance policy as mandated under XXXX. \nA canceled check to TD Auto for the claim on the account after it was charged off. \nGrounds for Compensation I contend that TD Bank XXXXXXXX has violated the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681s-2 ( a ), by reporting inaccurate information regarding a balance of {$72000.00} that was subsequently paid by insurance. This erroneous reporting has severely impacted my creditworthiness and forced me into bankruptcy. \nInaccurate reporting to XXXX XXXX, XXXX, and XXXX has resulted in my entitlement to statutory damages. Under 15 U.S.C. 1681s-2 ( b ), I am legally able to sue for compensation of {$1000.00} for each violation for each month the inaccurate information has been reported. Given that this inaccurate reporting has persisted for 60 months, the potential compensation amounts are as follows : XXXX XXXX : {$1000.00} x 60 months = {$60000.00} XXXX : {$1000.00} x 60 months = {$60000.00} XXXX : {$1000.00} x 60 months = {$60000.00} This brings the total statutory damages I could pursue to {$180000.00} for each credit bureau. Additionally, I am requesting compensation for the stress, anxiety, and punitive damages resulting from the inability to re-establish credit, leading to a total compensation request of {$250000.00}. \nI also wish to draw your attention to the XXXX XXXX XXXX XXXX. XXXX, which includes the consent order in the matter of XXXX Bank, XXXX XXXX and its implications regarding consumer protection violations. \nConclusion I respectfully request that you take immediate action regarding this matter, providing the requested disclosures and compensation for the harm caused. I look forward to your prompt response. \nThank you for your attention to this urgent issue. \nSincerely, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, IL XXXX XXXX XXXX Attachments","date_sent_to_company":"2024-11-16T16:04:40.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"60452","tags":"Older American","has_narrative":true,"complaint_id":"10820802","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TD BANK US HOLDING COMPANY","date_received":"2024-11-16T15:47:11.000Z","state":"IL","company_public_response":null,"sub_issue":"Was not notified of investigation status or results"},"highlight":{"complaint_what_happened":["I am requesting assistance from the CFPB for XXXX XXXX XXXX to comply with the enforcement in action that has been taken against XXXX XXXX FOR illegally tarnishing my consumer credit report., where they are forced to pay {$28.00} XXXX to consumers who were effected, which includes myself in reference to consent order XXXX. Please see the attached letter I sent to them on XX/XX/XXXX. I will include all exhibits that were mailed to them also."],"product":["Credit reporting or other personal consumer reports"],"sub_product":["Credit reporting"]},"sort":[8.906854,"10820802"]},{"_index":"complaint-public-v1","_id":"10975775","_score":8.861649,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fay Servicing and XXXX XXXX Subject : Concern Regarding Mortgage Fraud and Request for Documents Dear Fay Servicing and XXXX XXXX, We hope this letter finds you well. We are writing to express our deep concern regarding mortgage fraud related to our mortgage account XXXX XXXX Loan Number XXXX Fay Servicing Loan Number XXXX Since the initial purchase of our home in XXXX, This loan has been sold and serviced now by XXXX different lenders in only 3 years. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX XXXX XXXX. XXXXt XXXX. Fay Servicing During the life of the loan it was initially serviced by XXXX XXXX. No payments were ever reported to the credit bureau by this company. We experienced no issues related to payments being posted correctly and no payments were submitted late. \n\nOnce the loan was transferred to XXXX XXXX XXXX, a company that has been found to engage in fraudulent business, we repeatedly were told that payments were not being paid in full and therefore payments would not be applied to the balance resulting in late fees and a report to the credit bureau of a 30 day late payment immediately prior to the loan being transferred to XXXX in XX/XX/XXXX. The last unapplied payment sent to XXXX was for XX/XX/XXXX. We are aware that XXXX has had many complaints and allegations of fraud which include not applying payments correctly and legal action is being pursued by several entities. We will be submitting a complaint and request for investigation to the following entities : https : //www.myfloridalegal.com/mortgage-fraud/mortgage-fraud https : //www.fbi.gov/video-repository/newss-mortgage-application-fraud/view https : //www.consumerfinance.gov/complaint/ https : XXXX https : XXXX XXXX : ~ : XXXX % XXXX % XXXX % XXXX % XXXX % XXXX % XXXX % XXXX % XXXX. \n\nIn XXXX of XXXX when the loan was transferred to Shellpoint servicing we were assisted by a very helpful customer service rep who explained that the amount owed was for XXXX and also XXXX. He noted that there was a payment in a holding account that had not been applied. He stated he would request that it be applied correctly post the recent transfer from XXXX. He confirmed at the end of the call that the account was current and the next regular monthly payment was due on XX/XX/XXXX. \n\nWe explained to the customer service rep that we were reporting XXXX for chronic assessment of late fees on payments that were actually received on time. This call should be on record at XXXX for your review. At the close of the call I reported concerns regarding the misapplication of payments and the errors leading to the false reporting of a late payment ( 30 days ). It was also reported to the XXXX credit bureaus in XX/XX/XXXX. XXXX has at this time accepted the complaint and removed the late payment reported by XXXX as not accurate for XXXX of XXXX. \n\nIn XXXX we received a new notice from Fay servicing indicating that the account had once again been transferred to a new company after being serviced by XXXX for only XXXX month. Our next payment due for XXXX was due on XX/XX/XXXX. The only amount that should have been due was the regular monthly payment. \n\nHowever, when the statement was received at our home it indicated that we owed not only XXXX months totaling {$4600.00} but also an additional {$2500.00} in interest for a total amount due of {$7200.00}!!! \n\nWhen we called to determine how this was possible we were told to \" disregard '' the interest but the customer service rep insisted that we owed XXXX months payments which is inaccurate. He then instructed us to reach out to XXXX. \nAt the time of the loan transfer to XXXX, the original statement indicated that we owed for XXXX and XXXX ONLY. This was paid and we were told the account was current. We were NEVER told that any monies were still owed from XXXX which is when the loan was owed by XXXX. \nWhen we called Shellpoint to understand how it is possible the loan was transferred to Fay Servicing with inaccurate balance information, we were told that the payment made during the Shellpoint customer service call in XXXX was applied to an outstanding XXXX payment that was not paid to SLS which is not accurate. In addition to it not being accurate, it is illegal to collect monies from any entity for payment toward a debt on a statement and apply the payment to another \" debt '' that was not reported or being collected at that time. The initial statement from XXXX did not indicate ANY balance due for XXXX so how can you collect the money and apply it to a XXXX payment that is reportedly overdue but wasn't even accounted for on ANY statements. \n\nWe have observed many irregularities that raise red flags regarding the integrity of transactions with the companies servicing this loan. We take this matter very seriously and believe it is crucial to address these issues promptly to avoid any potential repercussions. \n\nWe kindly request the following : XXXX. Please send a copy of payment history on record of all payments paid to XXXX at the time of the transfer of the loan to XXXX. \n\nXXXX. Please send a copy of the promissory Note and all documents transferred at the time this loan was purchased from both XXXX and XXXX. \n\nXXXX. Please send a new statement reflecting the accurate amount owed. We owe for XXXX and XXXX only. \n\nAt this time we owe XX/XX/XXXX and also XX/XX/XXXX ONLY. A statement reflecting this accurate amount would be appreciated as we have this matter thoroughly investigated and seek legal action and representation. Given our ongoing stressful experience with requesting our payments be applied correctly We will not submit ANY payments at this time given the erroneous statement ( XXXX ) issued. When we called Fay Servicing to explain the concerns regarding the alleged amount owed on the initial statement we were told to \" disregard '' the interest charge of over $ XXXX on the original statement. The customer service rep then confirmed that although that could be disregarded, he insisted that we still owe for XXXX months ( XXXX and XXXX ) which we do not. He advised that we contact XXXX directly because XXXX has no record of payments for XXXX or XXXX. \nXXXX is a fraudulent company. Companies who purchase fraudulently managed loans and attempt to collect monies that were not applied, that company is now participating in their fraud. \nWe are asking that XXXX XXXX provide a new statement immediately reflecting what is actually owed and not what is owed according to a fraudulent company that doesn't apply submitted payments. We plan to pursue this investigation to the fullest extent of the law. \nThanks in advance for your attention to this matter. \n\n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - ATTN : BBB XXXX CO FAY SERVICING CONSUMER FINANCIAL PROTECTION BUREAU XXXX XXXX We are asking that XXXX Services for XXXX THIRD time to provide a new statement immediately reflecting what is actually owed and not what is owed according to a fraudulent company that doesn't apply submitted payments. We plan to pursue this investigation to the fullest extent of the law. \n\nRE : FAY SERVICING ACCOUNT XXXX This correspondence is being sent to confirm that I, XXXX XXXX XXXX owner of the property located at XXXX XXXX. XXXX XXXX, XXXXXXXX XXXX XXXX, received correspondence from Fay Servicing dated XX/XX/XXXX to my home on XX/XX/XXXX and the correspondence indicates that review of loan records indicates that on XX/XX/XXXX XXXX XXXX XXXX XXXX over the loan referenced in the original complaint. \n\nSLS as we know underwent transformation in the following year after facing multiple lawsuits for fraudulent business practices with the most recent class action lawsuit being filed XX/XX/XXXX. Please see attached for your reference in the zip file. \n\nXXXX serviced this loan from XX/XX/XXXX to XXXX of XXXX. Multiple times payments were submitted on time and in full however XXXX would NOT apply the payment fully and XXXX to the account holder would have monies in an account where the monies had not been applied only to have a reason to report the payment as late. Once I realized this fraudulent practice was occurring given as a homeowner for over 10 years I have NEVER experienced issues with submitting payments on time hence reflected in my credit history and my ability to qualify for these loan amounts in XXXX. I have no access to SLS account to send any statements to reflect what was paid on time and will not allow any companies to place the burden of proof on me to do so given that when my concern was taken to the credit bureau ( XXXX ) the dispute was changed by XXXX to reflect payments were in fact ERRONEOUSLY reported late or not paid. The last payment that was made to XXXX was XX/XX/XXXX. ( See credit report XXXX files in zip file confirming that XXXX contacted SLS after not XXXX BUT XXXX disputes regarding their misreporting and not applying payments and they were BOTH changed. ) Therefore when the account was then bought by XXXX the mortgage due was for XXXX and XXXX. On a recorded line I spoke to a representative explaining how elated I was that my account would now be serviced by XXXX because I have NEVER since having my mortgage account with Shellpoint which also originated at the time of the purchase of this property had any issues with accurate reporting. This call was recorded and can be reviewed. I indicated that working with XXXX had been a nightmare and that their company is blatantly robbing individuals and this customer service rep made a comment that confirmed that was XXXX of the reasons they were going out of business on a recorded line. He told me he saw my XXXX payment was in the system and \" unapplied '' but had not been applied. He assured me it would be applied to the XXXX payment and he also took the XXXX payment as well on a recorded line. In addition the original statement that was sent to my home for payment to XXXX DID NOT REFLECT ANY MONIES OWED FOR XX/XX/XXXX. It is fraudulent to collect monies on a recorded line indicating that they will be applied to the balance owed that is reflected on the statement but then apply them to a \" balance owed '' that is not reflected on the statement. \nXXXX XXXX The correspondence received to my home on XX/XX/XXXX from Fay Servicing confirms in writing that the payment that was removed from the unapplied funds on XX/XX/XXXX during my call with the Shellpoint Rep was in fact applied to the XX/XX/XXXX payment. It is fraudulent to collect monies and ask for payment authorization for what is reflected on a statement and then apply them to another loan payment that was due to the previous servicing company and NOT inform the payer where their monies are being applied. \n\nXXXX XXXX indicates that on that call the monies were transferred from the unapplied account and I paid the remainder of {$55.00} on XX/XX/XXXX which was used to complete the XX/XX/XXXX installment. This should not have been applied to an installment that was found to be falsely reported as not paid or late and has been changed by XXXX. Failure of XXXX to communicate this to XXXX is a major problem however I have now shared correspondence in the zip file that is important for Fay servicing to note that is being collected even though the credit bureau investigated this false information reported to XXXX and removed it. \n\nFurthermore it was not reflected in the original statement sent to me. Also your review of what occurred on the call is missing additional information. On that day I also paid the full amount due for my mortgage in excess of {$4000.00} and that payment was applied appropriately. The call ended with the next payment being owed for both the XXXX and Mortgage account in XXXX for XX/XX/XXXX payment. \n\nNot once was I EVER informed that the payment being moved from the unapplied account was being applied to the payment that was not actually owed to the fraudulent company that is SLS. I confirmed with the agent that everything was now up to date which he confirmed. \n\nI then submitted a payment for XX/XX/XXXX on XX/XX/XXXX for the full installment due in XXXX as reflected on the statement and in the account online which of course I no longer have access to prove. However I have added a copy of my bank statement showing both payments paid. The account did not reflect that any money was past due to XXXX when the XX/XX/XXXX installment was made and it did not EVER indicate that any payment I submitted was applied to an old installment falsely reported as unpaid in XXXX of XXXX to fraudulent SLS. \n\nIn addition I want to inform you that when XXXX was taken over by XXXX I had a VERY difficult time accessing the HELOC account because the merge of the XXXX accounts i.e. my already established mortgage account with Shellpoint and the newly transferred XXXX was NOT seamless. As I attempted to log in I was only able to see the mortgage account. I called to report this as well on several occasions to ensure it was addressed. \n\nTo date XXXX XXXX is fraudulently reporting the following information that is being investigated by XXXX and XXXX XXXX XXXX The HELOC was serviced by XXXX from XXXX of XXXX. That is incorrect and although I have a mortgage account with Shellpoint that has been serviced since XX/XX/XXXX, XXXX did NOT service the HELOC before XX/XX/XXXX. Therefore XXXX should not report payment credit history for a loan that was not serviced by them at the time of the reported payment or nonpayment. Furthermore if XXXX does report the payments that were issued to XXXX during the reporting period because XXXX is now the company owner, then the reported payments should reflect the results of the dispute that found XXXX to have misreported a late payment. There are XXXX disputes for both XXXX and XXXX that resulted in XXXX removing the late payment BUT Shellpoint is still reporting a late payment for XX/XX/XXXX when XXXX was not the loan servicer and that is an error that is currently causing my XXXX XXXX to be nearly XXXX points lower than XXXX. \n\nXXXX. XXXX reported that the payment for XXXX was paid and applied however there is no report of payment for either XXXX or XXXX on the XXXX and XXXX report. If the document that Fay servicing has now sent reporting that XXXX collected a payment for XX/XX/XXXX installment and XX/XX/XXXX installment then why are those payments not being reported to the credit Bureau? It appears as though the data listed is from XXXX which indicates that XX/XX/XXXX was late or missed and XX/XX/XXXX was paid on time. XXXX has again removed the report of any late payments because that was fraudulent reporting and SLS removed it. \n\nXXXX. XXXX is still reporting to the credit Bureaus that the loan is being serviced by them and not reporting any payments since XXXX! In addition it is being reported that a payment already found to be removed due to a credit investigation is still being reported. I have reported all of this to the consumer financial protection bureau, XXXX, and XXXX. XXXX did not service this loan since XXXX, the XX/XX/XXXX installment was paid as was XXXX and XXXX is a fraudulent company communicating erroneous information and clearly XXXX has not been made aware of the removal of their false reporting and is still sharing false information which is unacceptable. \n\nPlease Be Advised of the FACTS : XXXX. Since servicing the loan in XX/XX/XXXX it became glaringly obvious that XXXX was attempting to scam consumers and I reported it multiple times on a recorded line. I disputed their fake fraudulent tactics with XXXX and the XXXX credit report reflects that the installments that they attempted to claim were not paid or late were removed from the report and I was found to be correct. XXXX received all installments from me and all payments were paid through XX/XX/XXXX. \n\nXXXX. There is no statement in the records that reflects that XXXX was to apply any payments from a reported nonpayment in XX/XX/XXXX from the fraudulent company XXXX. It is fraudulent to collect monies from any entity and apply the authorized payment to some other non disclosed amount of owed monies. I am not in possession of ANY statement ever issued informing me that monies taken were being applied to XX/XX/XXXX. That is illegal. \n\nXXXX. As of XX/XX/XXXX XXXX has XXXX fraudulently reporting to the credit bureaus since XX/XX/XXXX the HELOC account now owned by Fay Servicing XXXX XXXX by them since XX/XX/XXXX which is also inaccurate information. XXXX is currently reporting XX/XX/XXXX installment as paid late or unpaid even though XXXX found through investigation XXXX did in receive payment on time. It is illegal and false reporting information for XXXX to indicate servicing the XXXX since XX/XX/XXXX. This is been formally reported and is currently being investigated by XXXX and XXXX. \n\nOn XX/XX/XXXX XXXX XXXX confirmed that the loan will now be serviced by their company after only 2 months of being serviced by XXXX. Fay Servicing has not reported being the owner or new servicing agent to the credit bureaus based on my review. However XXXX is still fraudulently reporting to XXXX and XXXX that they are servicing the loan and have been since XXXX which is false. \n\nI will not submit any payments to Fay Servicing if their accounting continues to reflect the trickle down of PROVEN fraudulent business practices. I am fully aware that loans are purchased by different companies because by law debt collection for these contractual agreements can not extend beyond XXXX years. \n\nSo therefore all of these servicing companies sell loans to each other and collect money that was never originally loaned by them. The sale of promissory notes and lender information is not complicated to follow and I have followed it for years. HOWEVER, when a new servicing company purchases a loan, my recommendation is to service your customers with fair and honest business practices and do not attempt to collect monies that reflect the fraudulent business practices that the previous company reported. \n\nWhen I repeatedly contacted XXXX nearly XXXX months ago now asking for a new statement that reflects what is truthfully owed i.e. XXXX, XXXX, and XXXX installments for XXXX, I was dismissively told that according to XXXX documents Shellpoint applied the XX/XX/XXXX installment to a past due XX/XX/XXXX installment and therefore I owe XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and in addition XXXX added on over {$2000.00} fee as well. \n\nWhen asked what this was for I was told \" don't worry about that ''. I was instructed for payments to any companies that are attempting to fraudulently collect debts from a company that has been already investigated and found to not appropriately apply funds and has had to pay out those monies in lawsuits. \n\nI will not submit any payments as I do not trust the process for any companies that are selling loans although it is legal and not keeping accurate documentation of payments applied and also having ongoing current misreporting to XXXX additional credit bureaus at this time. \n\nI have reported this as well to the XXXX XXXX XXXX and filed an official complaint. I have also submitted XXXX separate complaints to investigate why XXXX is providing false reporting servicing for this account that XXXX serviced this loan since XX/XX/XXXX. \n\nOver XXXX days ago a request was made to XXXX XXXX submit payments posted and receive an explanation as to why XXXX XXXX would have been informed that any money was due for XXXX when it is not. We have received no answer to this as of now. \n\nIn simple terms we are asking for the removal of the additional XX/XX/XXXX payment that was inaccurately reported to the credit bureau by XXXX. We are asking that you send a revised statement that includes payment owed for XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX as soon as XXXX is the third official request from myself and the additional property owner XXXX XXXX to submit an accurate statement of what is owed at this time in accordance with investigation results that you can review. \n\nSpecialized Loan Servicing, XXXX ( XXXX ) has been involved in several lawsuits related to mortgage fraud, including : -Unlawful mortgage assessment -A class action lawsuit was filed against SLS for retroactively assessing fees and interest on second mortgages. The plaintiffs alleged that XXXX violated the Fair Debt Collection Practices Act ( FDCPA ). \n-False credit reporting XXXX XXXX XXXX a {$2.00} XXXX judgment against XXXX after the company reported a bankruptcy on his credit report for over 100 days. The bankruptcy was actually filed by an ambulance company in North Carolina, and XXXX ignored information from its vendor that indicated this. \n-Negligent bookkeeping -A couple from XXXX, XXXX filed a lawsuit against XXXX after XXXX company added over a quarter of a XXXX dollars to their mortgage balance. The couple alleged that XXXX 's negligence led to their bankruptcy and the short sale of their home. \n-Fraudulent insurance In the case of XXXX v. XXXX XXXX XXXX, XXXX XXXX the plaintiffs alleged that XXXX fraudulently placed expensive insurance on their property to secure a lender 's collateral. The plaintiffs claimed that this caused a false default on their loan, which led to foreclosure proceedings, harassing phone calls, and false credit reporting.","date_sent_to_company":"2024-11-27T01:35:35.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"33076","tags":null,"has_narrative":true,"complaint_id":"10975775","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fay Servicing, LLC","date_received":"2024-11-27T01:19:34.000Z","state":"FL","company_public_response":null,"sub_issue":"Payment process"},"highlight":{"complaint_what_happened":["-False credit reporting XXXX XXXX XXXX a {$2.00} XXXX judgment against XXXX after the company reported a bankruptcy on his credit report for over 100 days. The bankruptcy was actually filed by an ambulance company in North Carolina, and XXXX ignored information from its vendor that indicated this. \n-Negligent bookkeeping -A couple from XXXX, XXXX filed a lawsuit against XXXX after XXXX company added over a quarter of a XXXX dollars to their mortgage balance."]},"sort":[8.861649,"10975775"]},{"_index":"complaint-public-v1","_id":"5047692","_score":8.32864,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX fabricated owner ship of my Mortgage and Note indicating they have a legitimate assignment when the assignments are illegal. My signature was forged along with the fabricated documents that I did not sign or have a chance to review. To make things worse XXXX XXXX has refused to show documents to me that show that they have standing such as the documents that show the origination of my loan, the funding of the mortgage and other pertinent documents that prove they have the right to assign the loan to another entity. \nAs the Servicer of the mortgage Select Portfolio has a Fiduciary responsibility according to CFPB Regulation X provision 12 u.s.c. 2605 ( e ) Other CFPB Regulations to assure that the customers payments are posted correctly, and that the debt is accurate. The intentional slackness and indifference of both XXXX XXXX and Select portfolio have ignored the fraudulent assignments of the note and mortgage which makes them part of the conspiracy to steal my home. I sent the documents to XXXX XXXX and Select Portfolio to prove to them that they have no standing and that the XXXX XXXX XXXX XXXX was dissolved in XXXX and did not have a license in the state of Kentucky to originate loans and mortgages. XXXX XXXX, XXXX and Select Portfolio have ignored the official documents and refused to adhere to the regulations. Also they are in violations of our KY KRS 286.8-090 ( g ) ( h ) ( i ) 286.8-220 ( 1 ) ( 2 ) e. g. I. 286.8-990 ( 1 ) ( 2 ) c. d. ( 11 ) which would subsequently void the loan. \nEnacted in XXXX, the Truth in Lending Act ( TILA ), which is part of the Consumer Credit Protection Act, is a federal law that sets forth certain written disclosure requirements. These regulations and the laws have been totally ignored by XXXX XXXX, the XXXX, and Select Portfolio Servicing. \nXXXX XXXX as the Trust for XXXX XXXX XXXX XXXX XXXX XXXX and the others are in violation of Federal laws because of the Trusts lack of standing and my property that clouds the title in the Trust collateral pool. \nSelect Portfolio and XXXX XXXX state that they received the transfer of the note and mortgage XX/XX/XXXX, however they have no information on the documents that show the origination or the closing documents and continue to lie about it.. I have disputed the debt and sent supporting documents the first time I was notified by SPS that they were the servicer. I also sent the Notice to XXXX XXXX to dispute the debt. I also made the request to SPS to send a corrected payment history and the information on the origination of my loan. \nI informed SPS that there were payments not posted to my account and that XXXX had fabricated the property taxes. I sent proof to SPS to show that I paid the property taxes in XXXX XXXX after the mediation, and that the inflated property taxes on my mortgage statement are fabricated. 20K and 11k for my property tax is ridiculous for a home that SPS stated is valuded at XXXX. I also informed SPS that I had homeowner insurance. They put forced place insurance with out my knowledge and charged me for the insurance. They can not continue ignore the request to remove those charges for the insurance and send the origination information as requested. CFPBregulation x I made it clear to Select portfolio and XXXX XXXX that the XXXX XXXX was dissolved in XXXX and that the Power of Attorney was a Robo signer, XXXX that could not have legitimately signed the documents for the Note or Mortgage, in addition who would have authorized it since the XXXX XXXX was dissolved XXXX, supposedly the Power of Attorney was lodged in XX/XX/XXXX. When XXXX filed the county recorder could not record the assignment because it was prepared incorrectly a total of three attempts to get the assignment recorded which was not actually accepted until XX/XX/XXXX. On top of filing the fraudulent documents the documents were prepared incorrectly and notarized by a ROBO notary.. \nXXXX XXXX as the Trustee and Select Portfolio Servicing have continued to ignore the official information sent to them so they can continue to perpetuate the lies and fraud alone with the conspiracy to steal my home. However not only my home in this City but over 600 others in this area with the same situation. \nThis is a very poor excuse for a company that generates Billions in Revenue with an International connection with international investors and the history that the Parent company has. The history of servicing residential home loans and financing mortgages goes back over 50 years with XXXX XXXX the original parent company to state they can not get the origination information or mortgage documents. \nMaybe that is because there was no funding and no documents.. \n\nCustomers are very unhappy, if you want to know just how unhappy consumers are with Select Portfolio Servicing, look at the lawsuits filed against the agency on the Public Access to Court Electronic Records ( PACER ). PACER is the U.S.s federal docket which lists federal complaints filed against a wide range of companies. A search for the agency will display over 5,400 lawsuits filed in the U.S., and these typically involve violations of consumer rights and/or the Fair Debt Collection Practices Act ( FDCPA ) XXXX XXXX Select Portfolio Servicing XXXX XXXX Select Portfolio Servicing/Parent organizations SPS has serviced residential mortgage loans for more than 30 years and XXXX transactions for 19 years. SPS is wholly owned by XXXX XXXX and acts as a key component of its parents residential mortgage conduit. XX/XX/XXXX Select Portfolio Servicing was created as a XXXX company in XXXX. Filings with both the XXXX Secretary of State and the U.S. Securities and Exchange Commission ( SEC ) confirm this. Filings with the XXXX XXXX and XXXX would more accurately confirm that XXXX XXXX XXXX was created as a XXXX company in XXXX. \nXXXX XXXX ( the parent company of XXXX XXXX XXXX was owned in part by XXXX XXXX XXXX XXXX, and bond guaranty firm XXXX XXXX XXXX. \nIn XX/XX/XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX agreed to pay {$40.00} million to settle with the FTC and the U.S. Department of Housing and Urban Development ( HUD ), [ 1 ] which charged them with engaging in a number of unfair, deceptive, and illegal practices in the servicing of subprime mortgage loans. The Commission distributed the {$40.00} million as redress to affected consumers. The settlement also imposed several specific limitations on XXXX ability to charge fees and engage in certain practices when servicing mortgage loans. \nXXXX changed its name to Select Portfolio Servicing, Inc. effective XX/XX/XXXX, according to its Articles of Amendment. Around the same time XXXX XXXX renamed itself to SPS XXXX XXXX. \nIn XXXX, Select Portfolio Servicing was purchased by XXXX XXXX, a financial services company, headquartered in XXXX, XXXX. According to a Securities and Exchange Commission report ( XXXX : XXXX ) filed XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX now known as XXXX XXXX , purchased Select Portfolio Servicing and its XXXX holding company for {$140.00} million. XXXX XXXX XXXX Investment Banking Strategy [ 2 ] included \" the acquisition of Select Portfolio Servicing, a mortgage servicing company. '' In XXXX, the FTC conducted a review of Select Portfolio Servicings compliance with certain aspects of the XXXX settlement. The FTC and Select Portfolio Servicing negotiated and agreed to several modifications of the settlement. [ 3 ] HUD has also agreed to these changes. \nAs of XX/XX/XXXX, Select Portfolio Servicing 's current CEO and President is XXXX XXXX. [ XXXX ] I continue to question Select Portfolio Servicing charges due to the inflated balance of my loan since they took the loan over in XX/XX/XXXX. The loan has increased from the balance that XXXX transferred to them in XXXX over 80k. There were payments that were not posted and the payments that I made to the Bankruptcy Trustee were never credited to my account. This is currently being review by the US Department of Justice. Select Portfolio Servicing refuses to make corrections to my mortgage account in violation to CFPB regulation. \n\nSeveral documents that were mentioned in the companys response are incorrect such as the Uniform Residential Loan Application and the Settlement statement, I have the original loan application and Settlement statement, the dates were changes and the attorneys notary is incorrect. Those documents were changed. \nSelect Portfolio Servicing concerning the most recent refusal to post payments made to them concerning my account from XX/XX/XXXX to XXXX of XXXX. Claiming that the payments are posted to the arrearage from a previous Servicers, yet they have no proof of the real balance. Select Portfolio Servicing has indicated they can not validate the origination of my loan or any prior payments that I made to XXXX, XXXX XXXX, Associate and the XXXX XXXX XXXX XXXX, The entire loan should be voided because there are no records of prior payments, origination documents or records to show that my loan was funded. \n\nI emailed Select Portfolio Servicing copies of the payments showing that the property taxes and insurances were paid they refused to post the most recent payments I made for the current year for my property tax. I believe they want to continue to inflate the balance of my mortgage account knowing the information they have is incorrect. I have never been without homeowners insurance on my home however SPS put XXXX XXXX XXXX on my home anyway, but later had to remove the XXXX XXXX XXXX They continue to charge me for a {$2200.00} payment that they claimed they made to my homeowners even though they sent a letter indicating they made the correction. SPS continues to harassment me by withholding payments from my account that I have shown canceled checks. I believe that I am being discriminated against due to how I am being treated concerning my mortgage because I believe that they post payments for other clients at a higher percentage correctly than they do for people of color this information is based on the high percentage of complaints made concerning foreclosure in our communities. \n\nMy original contract did not provide an escrow account or escrow agreement. I am not sure why SPS continue to say that I have an escrow balance. If Select Portfolio Servicing can not validate what I owe clearly then this is harassment. They have the cancel checks that I sent to them by way of their attorney more than twice. \n\nI have requested proof from Select Portfolio Servicing that they paid the property taxes and the insurance. They refused to show the information to me yet continue to state that they paid taxes which is not true. I have formerly sent the copies to their attorney from my attorney. They still will not show the validation of those payments they say they made concerning my taxes. This is beyond harassment and now has become discrimination in addition to the violation of the fair Debt collection Act. ( FDCPA ). \n\nXXXX XXXX XXXX has been designated a Robo signer used by the XXXX group to forge and change documents concerning notes and mortgages., therefore because XXXX was involved in my mortgage I dispute the legitimacy of the signature, the notary and the documents that were filed. XXXX was fined over XXXX for attorney fees due to using this","date_sent_to_company":"2021-12-28T18:42:24.000Z","issue":"Trouble during payment process","sub_product":"Other type of mortgage","zip_code":"40211","tags":null,"has_narrative":true,"complaint_id":"5047692","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2021-12-28T17:54:10.000Z","state":"KY","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["When XXXX filed the county recorder could not record the assignment because it was prepared incorrectly a total of three attempts to get the assignment recorded which was not actually accepted until XX/XX/XXXX. On top of filing the fraudulent documents the documents were prepared incorrectly and notarized by a ROBO notary.."]},"sort":[8.32864,"5047692"]},{"_index":"complaint-public-v1","_id":"3691940","_score":7.987454,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX ( \" XXXX '' ), PHH Mortgage Corporation d/b/a PHH Mortgage Services ( \" PHH '' ), Ocwen Loan Servicing, LLC ( \" OLS '' ) and XXXX XXXX XXXX ( \" Attorneys XXXX '' ) are committing mail fraud in violation of 18 U.S.C. section 1341, the crime of fictitious addresses and persons in violation of 18 U.S.C. section 1342, conspiracy in violation of 18 U.S.C. section 371 and other predicate acts in violation of State and Federal criminal statutes as it pertains to their unlawful debt collection practices and illegal foreclosure in the Superior Court of New Jersey in further violation of the consent judgments entered in the U.S. District Court for the District of Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). In response to my XX/XX/XXXX communication forwarded to XXXX, PHH and Attorneys XXXX regarding account number XXXX and Docket No. : XXXX ( N.J. Sup. Ct. ) and made pursuant to 15 U.S.C. section 1962 ( g ) ; 12 U.S.C. section 2605 ( e ) and 15 U.S.C. section 1601 et seq. ; and 15 U.S.C. section 7021 ( f ), Attorneys XXXX responded with communications dated XX/XX/XXXX ( See Exhibits \" A '' and \" B '' ), while XXXX responded with communications dated XX/XX/XXXX ( See Exhibit \" C '' ) and XX/XX/XXXX ( See Exhibits \" D '' and \" E '' ) with exhibits enclosed thereto that along with the responses are false, deceptive and / or incomplete for the following reasons : 1. the communications regarding the above referenced account number and civil docket number sent from Attorneys XXXX as third-party debt collectors and foreclosure counsel that are tilted MORTGAGE REINSTATEMENT QUOTE '' ( See Exhibit \" A '' ) and PAYOFF QUOTE VALID THROUGH ( See Exhibit \" B '' ) that are both dated XX/XX/XXXX ; XXXX c/o PHH as debt collectors both dated XX/XX/XXXX ( See Exhibits \" D '' and \" E '' ) ; and the Monthly Mortgage Statement from XXXX c/o PHH dated XX/XX/XXXX for the payment declared XX/XX/XXXX XXXX See Exhibit \" F '' ), are false and deceptive upon declaring a default as of XX/XX/XXXX for an alleged failure to pay the installment due, while concealing and omitting that : a. the above reference account number went into default with the payment missed for the installment due XX/XX/XXXX and the installments due each month thereafter as declared within the foreclosure complaint filed on XX/XX/XXXX in the Superior Court of New Jersey under Docket No. : XXXX by Litton Loan Servicing LP ( Litton Loan ) through XXXX XXXX XXXX, XXXX. ( Attorneys XXXX ) on the same day XXXX XXXX died ( See Exhibit \" G '' ) ; b. no payments were made for the months due as of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX following Litton Loans election to accelerate and demand the total indebtedness declared owing towards the above referenced account number upon commencement of foreclosure on XX/XX/XXXX under Docket No. : XXXX ; c. on XX/XX/XXXX, I executed a Trial Modification Agreement prepared and offered by Litton Loan for the above referenced account requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit \" H '' ) and forwarded the trial modification agreement along with two certified checks each for {$1900.00} dated XX/XX/XXXX for the XX/XX/XXXX and XX/XX/XXXX trial modification payments that were received and cashed by Litton Loan ( See Exhibit \" I '' ) ; d. by certified check dated XX/XX/XXXX, I made the last of three trial modification payments for {$1900.00} that was received and cashed by Litton Loan ( See Exhibit \" J '' ), the latter of who failed to permanently modify the above referenced account number promised and, instead, maintained the foreclosure action filed the same day as XXXX XXXX on XX/XX/XXXX under Docket No. XXXX wherein XX/XX/XXXX is declared the date of default ( See Exhibit \" G '' ). ; e. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1800.00} for payment due as of XX/XX/XXXX ( See Exhibit \" K '' ). ; f. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" L '' ). ; g. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" M '' ). ; h. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" N '' ). ; i. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" O '' ). ; j. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" P '' ). ; k. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" Q '' ). ; l. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as ofXX/XX/XXXX ( See Exhibit \" R '' ). ; and m. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as of XX/XX/XXXX ( See Exhibit \" S '' ). ; 2. the alleged payment reconciliation histories ( See Exhibit \" T '' ) enclosed within one of the XX/XX/XXXX communications from XXXX c/o PHH omit and conceal approximately $ 21k in payments tendered to Litton Loan towards the above referenced account number with approximately $ 16k being cashed by Litton Loan from XX/XX/XXXX through XX/XX/XXXX ( See Exhibits \" I '' through \" S '' ). ; 3. XXXX, PHH, OLS and Attorneys XXXX have failed to explain and / or justify the fees and expenses from XX/XX/XXXX through XX/XX/XXXX displayed within the Breakdown of outstanding fees and expenses ( See Exhibit \" U '' ) enclosed within the XX/XX/XXXX communication from XXXX c/o PHH including, but not limited to, : Property Inspections beginning XX/XX/XXXX ; Title Search Expenses beginning XX/XX/XXXX ; Foreclosure Cost beginning XX/XX/XXXX ; Property Preservation/Maintenance Fee ; and Property Appraisal/BPO. 4. XXXX, PHH, OLS and Attorneys XXXX failed to enclose evidence of an assignment and sale of the paper note and mortgage associated with the above referenced account number from XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) as the original lender for the above referenced account number, prior to XXXX XXXX XXXX bankruptcy petition filed on XX/XX/XXXX in the United States Bankruptcy Court for the District of Delaware in Case No. XXXX ( XXXX ) ( See Exhibit \" V '' ) and before termination of XXXX XXXX XXXX executory contracts with XXXX XXXX XXXX XXXX XXXX , XXXX ( XXXX ) and the latters wholly-owned subsidiary Mortgage Electronic Registration Systems , Inc. ( MERS ) on XX/XX/XXXX ( See Exhibit \" W '' ). ; 5. the instrument titled Corporate Assignment of Mortgage enclosed within both XX/XX/XXXX communications from XXXX c/o PHH ( See Exhibit \" X '' ), is falsely uttered forged falsely notarized upon misrepresenting that XXXX XXXX XXXX , XXXX. Successor By Merger to XXXX XXXX, XXXX. FKA XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX at XXXX XXXX XXXX, XXXX, FL XXXX assigned the mortgage associated with the above referenced account number to XXXX XXXX XXXX XXXX, Successor in Interest to XXXX XXXX XXXX XXXX XXXX, Successor by Merger to XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX at C/O PHH Mortgage Corporation at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX on XX/XX/XXXX, when : ( 1 ) there is no evidence that XXXX XXXX XXXX assigned and transferred the subject note and mortgage before entering bankruptcy on XX/XX/XXXX ( See Exhibit \" V '' ) or upon approval from the U.S. Bankruptcy Court for the District of Delaware in Case No. XXXX ( XXXX ) ; ( 2 ) there is no evidence the alleged assignor operated at the alleged address designated within the instrument which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; ( 3 ) there is no evidence that PHH Mortgage Corporation was authorized to act on behalf of the alleged assignee designated within the address ; ( 4 ) the address provided for the alleged assignee is the address for Ocwen Loan Servicing, LLC ( OLS ) and there is no evidence that the alleged assignee operates out of the same address as OLS which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; and ( 5 ) the name and alleged signature of XXXX XXXX XXXX appearing as an alleged Assistant Vice President for XXXX XXXX XXXX, XXXX. Successor By Merger to XXXX XXXX, XXXX. FKA XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX is a forgery, along with the alleged notarization by Florida notary public XXXX XXXX annexed thereto, because both persons were at times employed by OLS. ; 6. enclosed within the two communications from XXXX c/o PHH dated XX/XX/XXXX were two different versions of a five page note instrument ( See Exhibits \" Y '' and \" Z '' ) wherein neither instrument displays an indorsement by XXXX XXXX XXXX as the original lender, neither instrument has an allonge permanently affixed to page five of the note instrument, and one of the two instruments enclosed a separate - untitled page behind page five of the note that displays the forged name and stamp of XXXX XXXX whose name and varying signatures were identified within the Florida Attorney Generals Crime Division Report titled The Office of the Attorney General Economics Crime Division : Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases that was filed with the Supreme Court of Florida on XX/XX/XXXX as Appendix G in Case No. : XXXX ( See Exhibit \" AA '' ). ; 7. XXXX, PHH and Attorneys XXXX failed to prove compliance with 15 U.S.C. section 1641 ( g ) and failed to forward the notice of new creditor forwarded to me as required by 15 U.S.C. section 1641 ( g ). ; and 8. XXXX, PHH and Attorneys XXXX failed to comply with 15 U.S.C. section 7021 ( f ) by failing to provide me the authoritative copy of the transferable record assigned XXXX XXXX. Furthermore, because of the acceleration of the mortgage associated with the above referenced account number pursuant to N.J.S.A. 46:9-6 and demand for payment of the total amount due and owing towards the above referenced account number for the default on XX/XX/XXXX as declared within the foreclosure complaint filed by Litton Loan in the Superior Court of New Jersey on XX/XX/XXXX in Docket No. XXXX ( See Exhibit \" G '' ), the latter of which was dismissed by OLS on XX/XX/XXXX ( See Exhibit \" G-1 '' ), the note and mortgage connected to the above referenced account number became time-barred as of XX/XX/XXXX pursuant to N.J.S.A. XXXX ( a ). I am demanding the CFPB forward this complaint to law enforcement along with the monitors for the consent judgments entered in the U.S. District Court for the District of Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). Any response the XXXX, PHH and Ocwen are subject to 18 U.S.C. 1001.","date_sent_to_company":"2020-06-10T14:28:11.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3691940","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-10T14:16:29.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Bankruptcy Court for the District of Delaware in Case No."],"product":["Debt 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