{"took":218,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":103,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"5971674","_score":20.067612,"_source":{"product":"Debt collection","complaint_what_happened":"This debt is on my credit report illegally the company XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX is in a court proceedings lawsuit for damage to a property I used to own as a result I loss hundreds of thousands of dollars caused by this company contractor the issue has still not been resolved and I warned the debt collection agency and send them my attorney in the cased information unfortunately my original lawyer on the case die from XXXX XXXX XXXX case still pending Supreme court of the State of New York county XXXX XXXX # XXXX.","date_sent_to_company":"2022-09-13T02:55:47.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"10034","tags":null,"has_narrative":true,"complaint_id":"5971674","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SUNRISE CREDIT SERVICES, INC","date_received":"2022-09-13T02:19:30.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["This debt is on my credit report illegally the company XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX is in a court proceedings <em>lawsuit</em> for <em>damage</em> to a <em>property</em> I <em>used</em> to own as a <em>result</em> I loss hundreds of thousands of dollars caused by this company contractor the issue has still not been resolved and I warned the debt collection agency and send them my attorney in the cased information unfortunately my original lawyer on the case die from XXXX XXXX XXXX case still pending Supreme court of the State of New"]},"sort":[20.067612,"5971674"]},{"_index":"complaint-public-v1","_id":"6490033","_score":17.789192,"_source":{"product":"Mortgage","complaint_what_happened":"On the XXXX of XX/XX/2022 I closed on a XXXX XXXX with XXXX XXXX XXXX XXXX. The address of the property is XXXX XXXX XXXX, XXXX VA XXXX Prior to closing I expressed concerns I had about the structural integrity of the home with both the Lender ( XXXX XXXX XXXX XXXX ) and my real estate agent ( XXXX XXXX of XXXX XXXX ). Both parties assured me repeatedly that the VA had very strict standards about minimum property requirements and would not allow any home with safety or sanitary issues to be approved for a VA homeloan. After being presented with inspection documents saying nothing was found I closed on the home. Immediately following closing and moving in with my family I found that the home was full of mold ( including black mold ), termite damage and water damage. The conservative estimate to make the home safe ( inhabitable ) is {$200000.00}. Based on the property value and the age of the home it is not reasonably savable. \nAfter finding PROOF that the sellers, both parties real estate agents ( theirs and mine ), the lender and possibly the VA appraiser were all aware of the termite damage - at least. A termite inspection was done and all the damage was found and reported prior to closing which would have prevented the sale going through. A false documented was used at closing and presented to me, signed by the sellers and approved by the lender with no corresponding invoice, at closing saying nothing was found. \n\nAs a result I have had to spend thousands of dollars to document all of this, move my family out of the house to safety, hire attorneys etc. my attorneys have filed a consumer fraud lawsuit and the above named parties are being served. \n\nI requested a forbearance from the lender in XXXX XXXX XXXX. I also reported all this information directly to the VA Office that overseas the homeloan program. No help has been granted. XXXX XXXX XXXX is very aggressively seeking foreclosure and public auction on the property where I still reside. They have destroyed my credit in the process. My family has separated over the hardship and I am on the verge of becoming a homeless veteran because if they foreclose and evict I have nowhere to go with my animals. I have requested assistance from the Congressmans Office and they referred me to you. The VA keeps telling me they cant help they just write the check for the home.\n\nThis is not just consumer fraud this is Federal Fraud committed by the lender and all other parties. The documents used at closing included a receipt from the company that conducted and documented the termite damage but no corresponding report. The report used was by a company that did not conduct a termite inspection or bill for a a termite inspection.","date_sent_to_company":"2023-03-02T17:38:34.000Z","issue":"Struggling to pay mortgage","sub_product":"VA mortgage","zip_code":"241XX","tags":"Servicemember","has_narrative":true,"complaint_id":"6490033","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LoanCare, LLC","date_received":"2023-01-26T15:09:26.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["The documents <em>used</em> at closing included a receipt from the company that conducted and documented the termite <em>damage</em> but no corresponding report. The report <em>used</em> was by a company that did not conduct a termite inspection or bill for a a termite inspection."]},"sort":[17.789192,"6490033"]},{"_index":"complaint-public-v1","_id":"11809761","_score":16.630693,"_source":{"product":"Checking or savings account","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX MI XXXX XXXX XXXX XXXX XXXX MI XXXX XXXX XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX Iowa XXXX, Iowa XXXX Dear Consumer Financial Protection Bureau, I am writing to file a formal complaint against Chase Bank regarding multiple instances of fraudulent activity and unauthorized financial actions committed by XXXX XXXX XXXX, as detailed in the attached lawsuit. \nBackground : XXXX. Fraudulent Deed Manipulation and Financial Misrepresentation : XXXX XXXX XXXX unlawfully removed my name from the property deed for XXXX XXXX XXXX, XXXX, MI XXXX. He secured a {$100000.00} loan against the property without my consent, using my business account. \nXXXX. Unauthorized Withdrawals from Business Account : XXXX XXXX made unauthorized withdrawals from the joint business account at Chase Bank ( Account No. XXXX ), despite repeated requests to remove his name. In XXXX, XXXX XXXX was ordered to leave XXXX XXXX. Despite providing necessary paperwork to Chase Bank, including the court order, he continued unauthorized withdrawals, resulting in significant financial harm. \nDetails of Complaint : XXXX. Chase Bank 's Negligence : Chase Bank failed to act on multiple requests to remove XXXX XXXX XXXX from the business account, despite the provision of necessary documentation, including a court order. As a result, XXXX XXXX continued to make unauthorized withdrawals and secured a fraudulent loan using my personal information. \nXXXX. Ongoing Financial Harm : Chase Bank 's negligence has caused significant financial damage to my business and personal life. XXXX XXXX unlawfully withdrew {$64000.00} from the account, and the bank allowed him to obtain a {$100000.00} loan against the property without my consent. \nXXXX XXXX : XXXX. Immediate investigation into Chase Bank 's handling of my requests to remove XXXX XXXX XXXX from the business account and the unauthorized withdrawals. \nXXXX. Reversal of all unauthorized withdrawals made by XXXX XXXX from the business account ( Account XXXX. XXXX ). \nXXXX. Addressing the fraudulent loan obtained by XXXX XXXX using my personal information and ensuring the property deed is returned to my name, free and clear of any mortgage. \nXXXX. Compensation for the financial and emotional distress caused by Chase Bank 's negligence. \nI appreciate your attention to this matter and look forward to your prompt response and resolution. \nSincerely, XXXX XXXX Attachments : Lawsuit filed in the Circuit Court for the County of XXXX XXXX order mandating the removal of XXXX XXXX XXXX from the business account Bank statements showing unauthorized withdrawals Correspondence with Chase Bank requesting removal of XXXX XXXX XXXX from the account Loan documentation showing unauthorized loan obtained by XXXX XXXX XXXX","date_sent_to_company":"2025-01-28T17:35:49.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"48507","tags":"Servicemember","has_narrative":true,"complaint_id":"11809761","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-01-28T17:06:03.000Z","state":"MI","company_public_response":null,"sub_issue":"Problem using a debit or ATM card"},"highlight":{"complaint_what_happened":["As a <em>result</em>, XXXX XXXX continued to make unauthorized withdrawals and secured a fraudulent loan <em>using</em> my personal information. \nXXXX. Ongoing Financial Harm : Chase Bank 's negligence has caused significant financial <em>damage</em> to my business and personal life. XXXX XXXX unlawfully withdrew {$64000.00} from the account, and the bank allowed him to obtain a {$100000.00} loan against the <em>property</em> without my consent. \nXXXX XXXX : XXXX."]},"sort":[16.630693,"11809761"]},{"_index":"complaint-public-v1","_id":"4341090","_score":16.472443,"_source":{"product":"Debt collection","complaint_what_happened":"Midland Funding, LLC, committed multiple violations in the collection of debts ; - I was sued by Midland Funding, LLC, without providing required Original Account Level Documentation ( OALD ), filing false affidavits, and without notification of the lawsuit. On XX/XX/XXXX, I was sued for the amount of {$4200.00} and on XX/XX/XXXX, for the amount of {$2300.00}. On XX/XX/XXXX, I then requested by Certified Mail that Midland Funding, LLC, provide me OALD to verify both debts which Midland Funding, LLC, failed to respond. \n\n- Midland Funding, LLC, then attempted to seize my property on XX/XX/XXXX, by placing an order for garnishment of wages. On XX/XX/XXXX, and on XX/XX/XXXX, attempted to seize personal property by recording judgment liens. \n\n- Midland Funding, LLC, on numerous occasions used communication tactics of verbally abusive phone calls, making false statements, misrepresentations of the amount owed, and threatening to take negative legal actions they had no right to take. \n\n- Midland Funding, LLC, continues to falsely report to all three Credit Bureaus even after I made multiple disputes in writing that they refused to properly investigate. This has significantly damaged by Credit Score, resulting in me being denied on mortgage refinancing loan applications. Attempted to resolve matter over the phone where Employee demanded {$7200.00} be paid immediately or threatened further legal action.","date_sent_to_company":"2021-04-30T21:41:43.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"83854","tags":null,"has_narrative":true,"complaint_id":"4341090","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2021-04-30T19:55:03.000Z","state":"ID","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["This has significantly <em>damaged</em> by Credit Score, <em>resulting</em> in me being denied on mortgage refinancing loan applications. Attempted to resolve matter over the phone where Employee demanded {$7200.00} be paid immediately or threatened further legal action."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[16.472443,"4341090"]},{"_index":"complaint-public-v1","_id":"4474602","_score":15.728874,"_source":{"product":"Debt collection","complaint_what_happened":"This company is attempting to collect money I do not owe this is a falsified debt and also I tried to contact this company and they began to threaten to sue me and they were very disrespectful to me. I asked to see proof of contract between me and the original creditor to see what was going on they didnt send any information I also asked to see proof of the original lease agreement I never received that as well. This is a clear violation of the FCRA and FDCPA they are using untruthful and unfair tactics in order to scam me out of money. I want to see all of the necessary proof that I requested which is my right and failure to produce those documents within 30 days could very well result in a lawsuit in which I will seek compensation for the damage that this company is doing to my life and my credit report. I want the original signed contract by me also I want the original lease agreement signed by me also I want to see the payment history between me and the alleged landlord or company that rented the place as wel as a copy of my ID Card used to obtain this service or property and my SSN card. They have violated numerous of my rights once they threatened me and tried to lie as if I really owed them this amount of money when I do not this is not my debt at all I am also requesting copies of the original security deposit receipt and the proof reimbursement receipt as well","date_sent_to_company":"2021-06-19T16:51:48.000Z","issue":"Communication tactics","sub_product":"Other debt","zip_code":"53144","tags":null,"has_narrative":true,"complaint_id":"4474602","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2021-06-19T16:26:45.000Z","state":"WI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Used obscene, profane, or other abusive language"},"highlight":{"complaint_what_happened":["This is a clear violation of the FCRA and FDCPA they are <em>using</em> untruthful and unfair tactics in order to scam me out of money. I want to see all of the necessary proof that I requested which is my right and failure to produce those documents within 30 days could very well <em>result</em> in a <em>lawsuit</em> in which I will seek compensation for the <em>damage</em> that this company is doing to my life and my credit report."],"sub_issue":["<em>Used</em> obscene, profane, or other abusive language"]},"sort":[15.728874,"4474602"]},{"_index":"complaint-public-v1","_id":"4474600","_score":15.721672,"_source":{"product":"Debt collection","complaint_what_happened":"This company is attempting to collect money I do not owe this is a falsified debt and also I tried to contact this company and they began to threaten to sue me and they were very disrespectful to me. I asked to see proof of contract between me and the original creditor to see what was going on they didnt send any information I also asked to see proof of the original lease agreement I never received that as well. This is a clear violation of the FCRA and FDCPA they are using untruthful and unfair tactics in order to scam me out of money. I want to see all of the necessary proof that I requested which is my right and failure to produce those documents within 30 days could very well result in a lawsuit in which I will seek compensation for the damage that this company is doing to my life and my credit report. I want the original signed contract by me also I want the original lease agreement signed by me also I want to see the payment history between me and the alleged landlord or company that rented the place as wel as a copy of my ID Card used to obtain this service or property and my SSN card. They have violated numerous of my rights once they threatened me and tried to lie as if I really owed them this amount of money when I do not this is not my debt at all I am also requesting copies of the original security deposit receipt and the proof reimbursement receipt as well","date_sent_to_company":"2021-06-19T16:51:59.000Z","issue":"Communication tactics","sub_product":"Other debt","zip_code":"53144","tags":null,"has_narrative":true,"complaint_id":"4474600","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"T.S. Holdings","date_received":"2021-06-19T16:51:56.000Z","state":"WI","company_public_response":null,"sub_issue":"Used obscene, profane, or other abusive language"},"highlight":{"complaint_what_happened":["This is a clear violation of the FCRA and FDCPA they are <em>using</em> untruthful and unfair tactics in order to scam me out of money. I want to see all of the necessary proof that I requested which is my right and failure to produce those documents within 30 days could very well <em>result</em> in a <em>lawsuit</em> in which I will seek compensation for the <em>damage</em> that this company is doing to my life and my credit report."],"sub_issue":["<em>Used</em> obscene, profane, or other abusive language"]},"sort":[15.721672,"4474600"]},{"_index":"complaint-public-v1","_id":"17828018","_score":15.493067,"_source":{"product":"Debt collection","complaint_what_happened":"I am submitting a complaint regarding a solar loan tied to an incomplete and unsafe solar installation at my property. The loan was financed by XXXX and is being serviced by Concord Servicing. The system was installed by XXXX XXXX. The system has never been activated due to a fire caused by faulty wiring associated with the solar installation. \n\nOn or around XX/XX/XXXX, shortly after installation began, the wiring installed by the XXXX caused an electrical fire in my home, resulting in significant damage. This incident is now part of an open insurance claim and lawsuit, with my insurer, XXXX, actively pursuing recovery for the damages caused. The faulty system and the fire hazard have prevented me from completing or using the solar setup. \n\nDespite this, I am still being contacted by Concord Servicing to pay a loan for a system that was never made operational, and which caused serious property damage. I have formally submitted a Proof of Claim in the XXXX XXXX XXXX bankruptcy case ( XXXX XXXX. XXXX ) and have notified the company in writing that this loan should not be collected due to the fire, system malfunction, and pending insurance litigation. \n\nI was promised XXXX XXXX incentives to reduce the cost of the system, but due to the fire and inoperability of the system, I was not eligible to receive them, resulting in unexpected financial burden and higher monthly payments. I sent formal notices to XXXX XXXX and XXXX as early as XX/XX/XXXX, asking them to honor the original payment terms and resolve these issues. \n\nNonetheless, I have received debt collection letters from Concord Servicing ( most recently dated XX/XX/XXXX ) threatening to send contractors to shut off the systemdespite the fact that : The system is not functioning or connected, It was never fully installed ( final electrical work is incomplete ), And I am actively disputing the debt and its validity. \n\nI believe this constitutes harassment, a violation of debt collection protections, and a failure to acknowledge the serious safety and legal concerns involved. I request the CFPB to investigate and intervene to ensure : No further collections or threats are made ; The loan is frozen or canceled due to inoperability and the fire ; These companies are held accountable for misleading financial practices and unsafe installations. \n\nThank you for your assistance.","date_sent_to_company":"2025-12-03T13:50:22.000Z","issue":"Electronic communications","sub_product":"Other debt","zip_code":"11203","tags":null,"has_narrative":true,"complaint_id":"17828018","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Concord Servicing Corporation","date_received":"2025-10-21T16:24:37.000Z","state":"NY","company_public_response":null,"sub_issue":"Frequent or repeated messages"},"highlight":{"complaint_what_happened":["On or around XX/XX/XXXX, shortly after installation began, the wiring installed by the XXXX caused an electrical fire in my home, <em>resulting</em> in significant <em>damage</em>. This incident is now part of an open insurance claim and <em>lawsuit</em>, with my insurer, XXXX, actively pursuing recovery for the damages caused. The faulty system and the fire hazard have prevented me from completing or <em>using</em> the solar setup."]},"sort":[15.493067,"17828018"]},{"_index":"complaint-public-v1","_id":"2699626","_score":15.37063,"_source":{"product":"Mortgage","complaint_what_happened":"Why Seterus is allow to defraud people. Ten they lie to them and later of they send very expediencies mail via XXXX in order to show there incompetence and arrogance. In my situation I have the feeling that in order to show how incompetence when they flash spending shareholder money by sending very expensive XXXX in order to show arrogance when they cover up abuses. I will not be surprise to learn that some o the money are from stolen private property inside the house foreclosed temporary in a illegal meaner. \nThis is a company that should never be allow to operate, Please see the case below to see their real activity, Please see this case since this is what they are doing to American people DEFRAUD THEM, vandalize their property, theft and cover up by lair like XXXX this most incompetent legal adviser that lie to people. \n\nConsumer Class Action Lawsuit Against Seterus Call Us At XXXX Whats The Case About? \nOur firm, XXXX XXXX XXXX, is litigating a class action on behalf of property owners who entered into a mortgage loan transaction that was then transferred or sold to, or for which the servicing rights were acquired by, Seterus, Inc. ( Seterus ) and were charged late fees related to payment. The lawsuit, entitled XXXX XXXX XXXX, XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX, is currently pending in XXXX XXXX XXXX XXXX XXXX, Case No. XXXX. The lawsuit alleges Seterus engaged in the following unlawful conduct : improperly holding mortgage payments and then charging late fees and failing to timely process mortgage payments and then charging late fees. \n\nSeterus , Inc . Suspense Account and Threats May Violate the Law  XXXX XXXX, XXXX is currently investigating complaints of unlawful acts committed by Seterus , Inc. in connection with the collection of mortgage payments. Seterus is a mortgage company servicing XXXX XXXX mortgages that is owned by XXXX. Some of the mortgages that are acquired by Seterus can be very old and have unique terms and conditions in their deed of trust that need to be followed by the mortgage servicer. We do not believe that Seterus or many other mortgage servicers ever review your mortgage loans or deeds of trusts prior to attempting to collect mortgage payments. Because these mortgage servicers do not review your important documents, they can easily run afoul of state or federal debt collection laws.For example, Seterus utilizes a suspense account in collecting on debt. If someone does not make what they allege to be a full and complete mortgage payment, Seterus applies your funds in a suspense account instead of applying the mortgage payments to the loan. Seterus use of a suspense account may be in direct contravention of your deed of trust. If a mortgage servicer has placed your hard-earned money in a suspense account, contact our firm today to discuss your rights. \n\nAnother practice Seterus utilizes is aggressive threats to accelerate its customers mortgage loans. If Seterus accelerates a mortgage loan, it means the borrower is required to pay off the loan immediately. A typical default and acceleration letter of Seterus states : If full payment of the default amount is not received by us in the form of a certified check, cashiers check, or money order, on or before the Expiration Date, we will accelerate the maturity date of your loan and upon such acceleration the ENTIRE indebtedness of the loan, including principal, accrued interest, and all other sums due therein, shall, at once and without further notice, become immediately due and payable. \n\nSeterus use of acceleration and foreclosure threats may violate the Fair Debt Collection Practices Act and North Carolina Collection Agency Act. The FDCPA states that a debt collector may not use any false, deceptive, or misleading representation or means in the collection of a consumers debt. Seterus, sends these collection letters to scare its customers into making mortgage payments. Mortgage servicers want to avoid accelerating and foreclosing on a persons house not from any sense of good will, but because it would cost them a lot of time and money. Ultimately, Seterus threatens to accelerate and foreclose because it is aware of how terrified its customers are of this result.\nIf you are having issues with other companies besides Seterus, take our free two minute survey to see if we are investigating some of your other issues on behalf of consumers like yourself. \n\nIn my situation the stole and clearly encourage criminals to defraud inside my property before the Sheriff gave temporary the deed of the property. Was my property is my property and permanent for the next 200 years will be my family 's property and this lair XXXX there is nothing he can do to stop this expect pay the {$260000.00} or face criminal charges and {$5.00} XXXX legal case against this lair XXXX and his mother. \nAround {$260000.00} stolen, damage v=vandaluze private property not part of any mortgage Their legal lair adviser XXXX try to cover upo but this time will never work Oce I get my poroperty that will be very soon this laier go toi prisom","date_sent_to_company":"2017-10-12T05:21:58.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"11375","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2699626","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Seterus, Inc.","date_received":"2017-10-12T00:52:52.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Around {$260000.00} stolen, <em>damage</em> v=vandaluze private <em>property</em> not part of any mortgage Their legal lair adviser XXXX try to cover upo but this time will never work Oce I get my poroperty that will be very soon this laier go toi prisom"]},"sort":[15.37063,"2699626"]},{"_index":"complaint-public-v1","_id":"3187895","_score":13.7495575,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"I contact the company via their online portal XX/XX/XXXX I was wanting to make a payoff. \n\nI purchase the item in store total price paid {$2100.00}. \n\nAMOUNT DUE AT LEASE SIGNING A. Initial payment {$60.00} B. Additional Payment {$340.00} XXXX XXXX {$400.00} MONTHLY/PERIODIC PAYMENTS Next payment of {$170.00} is due on XX/XX/XXXX followed by 8 payments of {$170.00} as outlined below on Lease Payment Schedule. The total of initial XXXX -Period Term, is {$1600.00} OTHER CHARGES ( Not part of your periodic payment ) Returned payment fee {$25.00} Late payment fee {$15.00} Cimicid Fee {$50.00} TOTAL OF PAYMENTS The amount you will have paid by the end of the initial XXXX -Period Term {$1600.00} ***No one will accept my call XX/XX/XXXX and their is no option to make a payment online. \n\nXXXX I also returned the initial products purchased because they did not work at all. I was without the equipment for 84 days. I then purchased new equipment. \n\nPAYMENTS MADE TO DATE : INSTORE_PAYMENT {$400.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$170.00} XX/XX/XXXX XX/XX/XXXX CREDITCARD_PAYMENT {$190.00} XX/XX/XXXX XX/XX/XXXX LATE_FEE {$15.00} XX/XX/XXXX XX/XX/XXXX LEASE TERM AND OPTIONS. You promise to make lease payments for a XXXX Term. Payments made under this lease will be applied first to any fees or other charges due to XXXX and then to lease amounts due. No late charges will be applied to your account where the only delinquent amounts are a result of prior applied but unpaid late fees. After the initial term, you have 3 options : ( 1 ) Purchase the Property by exercising your purchase option, ( 2 ) continue the lease on a month-to-month basis by retaining possession of the Property, in which case additional periodic payment ( s ) must be made in the same frequency and amount as during your initial term, ( 3 ) Terminate this Agreement by returning the Property to us in good condition, fair wear and tear excepted. If you have not purchased the property after XXXX XXXX Periods this lease will terminate and you must a ) return the Property to us, or b ) purchase the Property from us. Continuation : If you continue this Agreement beyond your initial term your next lease payment will be due on XX/XX/XXXX and every 14 Days thereafter for subsequent renewals. No refunds will be issued should you choose to return the Property before any lease period expires.\n\nPURCHASING.You may purchase the leased Property upon completion of your initial term and at any time thereafter. The purchase price at particular points in time ( and the formula for calculation at other points in time ) can be calculated in the following manner or by visiting www.whynotleaseit.com. Periodic Depreciation : Divide the cash price of your item ( s ) by 60 ( or, divide by 120 for biweekly payments ). Total Depreciation : Multiply that quotient by the number of periods that you have leased your item ( s ).  Residual Value : Subtract that product from your cash price to obtain your depreciated value. Discounted Value : Multiply the depreciated value of your item ( s ) by XXXX to obtain your purchase option price. \n\nExample after XXXX periods : Periodic Depreciation : $ XXXX = {$30.00} Total Depreciation : {$30.00} x XXXX = {$150.00} Residual Value : {$1800.00} - {$150.00} = {$1600.00} Discounted Value : {$1600.00} x XXXX = {$1000.00} GoSELECT! - EARLY PURCHASE OPTION. You may terminate your lease before the end of your Initial Term by exercising your Early Purchase Option. In addition to paying the cash value of your leased items, exercising your Early Purchase Option requires you to pay an Early Purchase Option Fee. This amount is calculated as a percentage of the cash value of your leased items. \n\n30 day option : Requires a 5.00 % Early Purchase Option Fee. Once added to the cash value of your leased items, you must pay {$2200.00} ( plus any additional incurred fees ) in total by XX/XX/XXXX to own your leased items. \n\n60 day option : Requires a 8.00 % Early Purchase Option Fee. Once added to the cash value of your leased items, you must pay {$2300.00} ( plus any additional incurred fees ) in total by XX/XX/XXXX to own your leased items. \n\n90 day option : Requires a 10.00 % Early PurchasXXXX Option Fee. Once added to the cash value of your leased items, you must pay {$2300.00} ( plus any additional incurred fees ) in total by XX/XX/XXXX to own your leased items. \n\n\nNOTE : Time is of the Essence for this provision. Your ability to exercise your EARLY PURCHASE OPTION depends on you contacting WhyNotLeaseIt and making your Early Purchase Option payment in a timely manner. If you do not exercise your Early Purchase Option by the required dates your lease continues on your regular lease schedule.\n\nEARLY TERMINATION AND DEFAULT. You may terminate this Agreement without additional  obligation at the end of the initial term under the following conditions : you have made all payments due and have returned the Property to us in good condition, fair wear and tear excepted. We can terminate this Agreement without notice if you are in default under this Agreement by failing to make a lease payment within ten ( 10 ) days of the renewal date, or if you fail to keep any other terms in this Agreement. All lease payments are due in advance, should you fail to make your scheduled payments you understand we will attempt to contact you. If you default, and after we give you any notice required by law, we will be entitled to all legal remedies, including repossession of the Property and our damages, which may include past due lease payments, attorney 's fees and court costs, if incurred, and if permitted by applicable law. \n\nRIGHTS TO POSSESSION : If you do not renew this Agreement or if you breach any of its terms, we have the right to recover the Property. If you do not return the Property to us or allow us to recover the Property, you agree to pay all our costs to recover the Property including reasonable attorney 's fees and court costs, if permitted by applicable law. \n\nSECURITY INTEREST. We own the property until you purchase it from us. You have no ownership rights until you comply fully with the Ownership provisions in the Agreement. In the event that we shall determine to file a financing statement or other documentation evidencing our ownership in the property for notice purposes, or for any other reason, you consent to our filing such financing statement or documentation in any public record. You may NOT sell, assign, sub-lease, pawn, pledge or otherwise transfer your rights in this Agreement or in the Property without our prior written consent. We can sell, transfer, or assign this Agreement without restriction. NOTE : THIS AGREEMENT IS NOT AN INSTALLMENT LOAN OR A DEBT BUT MEMORIALIZES A TRUE LEASE. You owe the minimum term because you requested XXXX to purchase this property for your possession and use which would not have occurred without you making said request. If you file for bankruptcy protection you must choose to assume or reject your lease. If you assume your lease you must continue to make all lease payments including any in arrears, if you reject the lease you must return the property. If you file for bankruptcy protection under any chapter of the United States Bankruptcy Code, notice of such filing must be delivered to the following address : WhyNot Leasing, LLC, XXXX XXXX XXXX, Suite XXXX, XXXX, NH XXXX. \n\nLOCATION OF PROPERTY : You agree to keep the Property in your possession at the address above. You agree not to move the Property without our prior written consent. \n\nINSTALLATION OF PROPERTY : Unless installation is specifically included as part of your leased Property you are fully responsible for the cost of installing the Property in your home. Depending upon the type of Property you are leasing, you may have to hire professionals, electricians, plumbers, etc. in order to install the Property safely and properly STANDARDS FOR WEAR AND TEAR AND MAINTENANCE. Fair wear and tear means normal wear and tear sustained under normal use conditions. You must protect the Property from unusual or abnormal wear and tear. We reserve the right to determine fair wear and tear. You are responsible for maintaining the Property in good working order during the term of this agreement. We will not pay for repairs made on the Property. You agree to quit using the Property if it becomes unsafe or in a state of disrepair. You agree to all steps necessary to prevent injuries to anyone or Property which might be caused by the Property. You must return the Property to us in good working order, allowing for fair wear and tear, when this Agreement terminates for any reason.\n\nWARRANTIES. We do not offer any express warranties on the Property. To the extent allowed by applicable law, we disclaim all implied warranties, including the IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. If you obtain ownership of the Property, we will transfer any unexpired manufacturers or supplemental warranties to you, if permitted to do so. \n\nLIABILITY FOR DAMAGE OR LOSS. We do not carry insurance on the Property. If the Property is damaged or partly destroyed, you must pay for all repairs. If the Property disappears, or is stolen or destroyed, you must pay us the fair market value of the Property as of the date of loss. You understand that we will not be liable for any loss or damage to any Property arising out of the use of the Property. \n\nRETURNED ITEM FEE. You must pay this amount if your ACH payment is returned by your bank or if your card payment is rejected by your bank. \n\nLATE PAYMENT FEE. If your payment is late, you must pay us this fee. \n\nCIMICID FEE : Upholstered goods including sewn furniture and mattresses returned after 30 days but prior to expiry of the initial term are subject to a {$50.00} fee due to Cimicids ( aka Bed Bugs ) handling and disposal issues. \n\nCONFIRMATION OF EXPRESS CONSENT FOR US TO CONTACT YOU. You agree that we may contact you regarding any issue pertaining to the  lease at any telephone number ( s ) you provide to us, including, but not limited to, any telephone number assigned to a cellular telephone service that may or may not charge you on a per-call basis. You further agree that we may contact you related to your lease using an automatic telephone dialing system ( XXXX ) and/or artificial or prerecorded voice system at any number you provide us, including, but not limited to, any number assigned to a cellular telephone service. Your consent to being contacted using an XXXX   and/or artificial or prerecorded voice system on any cellular telephone number you provide us may only be revoked in writing as set forth below. \n\nIn the event you desire to revoke your consent, you must send a written \" Notice of Revocation of Consent '' to the following address : WhyNot Leasing, LLC XXXX XXXX XXXX, Suite XXXX XXXX, NH XXXX The Notice of Revocation of Consent must identify your full name, the cellular telephone number for which you are revoking your consent, and the last four digits of your social security number. You agree that revocation is effective 10 days following our receipt of any properly submitted notice.\n\nMISCELLANEOUS : This Lease Agreement and any attachments we will deliver upon consummation represent the entire Agreement between us. There are no other understandings or agreements between us other than those in this written document and any attachments. You may retrieve your lease documents or request paper documents by contacting us using the information provided in this Agreement or obtain them  yourself by logging into our Customer Service Center at www.whynotleaseit.com and creating an account. Any statements made by personnel in any retail store where you selected the goods leased under this agreement are NOT a part of this Agreement. This Agreement can not be modified except in writing and signed by you and us. Although we do not require a minimum credit score, we reserve the right to verify any and all information provided with your application for this lease and to perform a risk assessment, for which we may access one or several consumer reporting agencies. We reserve the right to deny you future leases. \n\nELECTRONIC RECORDS, ELECTRONIC FUNDS TRANSFER AND BANK CARD AUTHORIZATION : We can give you the benefits of our remote service only if you consent to use and accept electronic signatures, electronic records and electronic disclosures in connection with this transaction even if you are provided with paper copies of your documents at a retail merchant. By your electronic signature below, you acknowledge and consent to the use of electronic records, signatures and disclosures in connection with this transaction. \n\nYou authorize us to initiate debit entries to your bank account for all or any specific payments on your account with us as they may become due. Your authorization also includes any returned item fees or late fees that may become due. Any authorization for payment processing via electronic transfer that has been made and that you have not withdrawn in a timely fashion will be final. You also authorize electronic check creation in the event that one must be used. If we receive notification from you of termination of this authorization in such time and in such manner as to afford WhyNotLeaseIt a reasonable opportunity to act on it, we will not use said authorization. You understand that you may cancel this authorization by providing reasonable notice to WhyNotLeaseIt, XXXX XXXX XXXX, XXXX XXXX, XXXX NH XXXX, XXXX. You understand that cancelling your authorization does not relieve you of the responsibility of paying your account in full when due. \n\nYou authorize us to bill your credit card or withdraw from your debit card each payment you owe us. You agree we can bill your credit card or withdraw from your debit card for each lease payment and fees due under this agreement. You authorize us to bill or withdraw partial amounts due and to bill or withdraw past due amounts on dates other than your customary due date. The right to bill your credit card or withdraw from your debit card will remain in full force until a ) you pay us everything that you owe under this Agreement or b ) you or the institution issuing your credit card or debit card informs us that we can no longer bill your credit card or withdraw from your debit card.\n\nARBITRATION. You and we agree that any claim or dispute arising from or in any way related to the Agreement must be resolved by binding arbitration in the state where you live instead of a lawsuit. If you want to opt out of arbitration with us you must notify us in writing of your decision within ten days of executing a lease Agreement. Our Agreement to  arbitrate will be governed by the federal arbitration Act, XXXX U.S.C. Sections 1-16 and the substantive law of your state. You and we agree to use either the XXXX XXXX XXXX XXXX XXXX XXXX or XXXX, the XXXX XXXX   ( XXXX ). If a dispute arises, you or we can file a claim with either organization in the office of the selected organization nearest to your residence. If you file a claim against us, we will pay the initial filing fee but we each must pay our own attorney 's fees and other costs. Arbitrators can award reasonable attorney 's fees and costs to the prevailing party but neither party shall be permitted to recover punitive, exemplary or multiple damages from the other party. Nothing in our agreement to arbitrate is intended to prevent either of us from filing a lawsuit in an appropriate small claims court for an amount that does not exceed that courts jurisdictional limit however all other disputes must be arbitrated. If either party attempts to remove a lawsuit initially filed in small claims court to another court, the other party can compel arbitration. Our agreement to arbitrate will survive termination of the Agreement and continue in effect to resolve any disputes between us. Agreeing to arbitration means that you are waiving your right to a trial by jury and your right to have a court resolve your dispute. You are waiving your right to participate in a class action lawsuit and to certain discovery rules that apply in lawsuits. We both agree that neither you nor we will request the arbitration to be conducted as a class-wide arbitration. We both agree that no arbitrator will have authority to certify a class in the arbitration or to conduct class-wide arbitration and that she can only decide disputes between you and us. If any part of this arbitration agreement is ruled invalid, then any underlying dispute must be resolved by a judge, sitting without a jury, in a court of competent jurisdiction, and not as a class action lawsuit.","date_sent_to_company":"2019-03-28T15:02:42.000Z","issue":"Problem with the payoff process at the end of the loan","sub_product":"Installment loan","zip_code":"90061","tags":null,"has_narrative":true,"complaint_id":"3187895","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CNG HOLDINGS INC","date_received":"2019-03-22T15:50:23.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["If the <em>Property</em> is <em>damaged</em> or partly destroyed, you must pay for all repairs. If the <em>Property</em> disappears, or is stolen or destroyed, you must pay us the fair market value of the <em>Property</em> as of the date of loss. You understand that we will not be liable for any loss or <em>damage</em> to any <em>Property</em> arising out of the <em>use</em> of the <em>Property</em>. \n\nRETURNED ITEM FEE. You must pay this amount if your ACH payment is returned by your bank or if your card payment is rejected by your bank. \n\nLATE PAYMENT FEE."]},"sort":[13.7495575,"3187895"]},{"_index":"complaint-public-v1","_id":"2734527","_score":13.639263,"_source":{"product":"Mortgage","complaint_what_happened":"Seterus is very confused about their own lies since this is their expertise. Seterus claim that they advised me a banker for over 29 years including the procedure for this mortgage and this incompetent XXXX lie to you about the Mortgage Note. Ocwen stated in 12 in official letters that I do not have any financial obligation and Seterus try to hide this due to incompetence. They stated that several times we disagree with my assertions regarding the Note and Mortgage but I am one of the Pioneer that create the procedure so there is no need for this lair to confused the situation. I am a XXXX he is a lair so his credibility is XXXX. Seterus defraud my family and soon we will meet in Criminal Court for defrauding my property and they will pay minim {$260000.00}. This lair is depleting Seterus account with his big ego and flash totally unnecessary big sending with his useless and very expensive letters but I expect soon to be fired too. Once fired I will continue to go after him and his family since he try to cover up the fraud against my property. Soon more legal cases against Seterus will start since people dislike lairs like XXXX. Please see their recent lost legal case XXXX vr. Seterus when they pay each family for their fraudulent activity. Soon they will have more such legal cases because this Seterus is so incompetent. It is time to close permanently their doors.. CFPB must force a XXXX dollars penalty on the criminal activity of this pirate Mortgage defrauding company. We need to know if Seterus approve this lair to pay very expensive mail with each letters sent via XXXX using money from stolen private property as may be the case with my property. I do not have any mortgage and my name is not on any mortgage note, Lying XXXX is using XXXX in order to show how incompetent they are when they flash spending shareholder money by sending very expensive XXXX. As for my property this lair XXXX claim that is now Real Estate Owned ( REO ), the former loan owner, XXXX XXXX, is responsible for the property until such time that it is purchased by a third party. No Real Estate in Pennsylvania will ever get involved once they learn that this Pirate Mortgage Seterus was involved in this fraud. This lair stated that any personal items that may have been left in the home should be removed as it is no longer my property. Hi is totally confused this lair since I will never enter inside until his family put back all that was stolen for which I presented a Police Report a Security of Community report and local Sheriff so this lair try in vain to confuse the situation. This confused lair stated that the property was foreclosed on XX/XX/XXXX. The lair never mention that this was a fraudulent situation done in a top secret close door action that will be reverse not to mention that soon my legal cases against this Pirate Company will start. The lair XXXX stated that there is no further action to take. If there is no further action to be taken way are we in Court today?????? The lair XXXX stated that I continue to repeatedly raise allegations pertaining to the Note and Mortgage that previously secured this property, yet you have failed to present any credible evidence to substantiate these claims. Look on the Mortgage note never signed by me ad stop lying XXXX stop lying. This lair stated that We again, decline to compensate you. The Court will force you XXXX the Court count on it. The rest is only a fact hat this lair claim he work very hard to copy and text the same trash each time so is time to severely penalize this Pirate Mortgage Company that soon we expect to be out of business, Please see the case below to understand that this company is a fraud and this lair try to confuse your company. Consumer Class Action Lawsuit against Seterus Call Us At XXXX Whats The Case About? Our firm, XXXX XXXX XXXX, is litigating a class action on behalf of property owners who entered into a mortgage loan transaction that was then transferred or sold to, or for which the servicing rights were acquired by, Seterus, Inc. ( Seterus ) and were charged late fees related to payment. The lawsuit, entitled XXXX v. Seterus, Inc. ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX, is currently pending in XXXX XXXX County Superior Court, Case No. XXXX. The lawsuit alleges Seterus engaged in the following unlawful conduct : improperly holding mortgage payments and then charging late fees and failing to timely process mortgage payments and then charging late fees. Seterus , Inc . Suspense Account and Threats May Violate the XXXX XXXX XXXX, XXXX is currently investigating complaints of unlawful acts committed by Seterus , Inc. in connection with the collection of mortgage payments. Seterus is a mortgage company servicing XXXX XXXX mortgages that is owned by XXXX. Some of the mortgages that are acquired by Seterus can be very old and have unique terms and conditions in their deed of trust that need to be followed by the mortgage servicer. We do not believe that Seterus or many other mortgage servicers ever review your mortgage loans or deeds of trusts prior to attempting to collect mortgage payments. Because these mortgage servicers do not review your important documents, they can easily run afoul of state or federal debt collection laws. For example, Seterus utilizes a suspense account in collecting on debt. If someone does not make what they allege to be a full and complete mortgage payment, Seterus applies your funds in a suspense account instead of applying the mortgage payments to the loan. Seterus use of a suspense account may be in direct contravention of your deed of trust. If a mortgage service has placed your hard-earned money in a suspense account, contact our firm today to discuss your rights. Another practice Seterus utilizes is aggressive threats to accelerate its customers mortgage loans. If Seterus accelerates a mortgage loan, it means the borrower is required to pay off the loan immediately. A typical default and acceleration letter of Seterus states : If full payment of the default amount is not received by us in the form of a certified check, cashiers check, or money order, on or before the Expiration Date, we will accelerate the maturity date of your loan and upon such acceleration the ENTIRE indebtedness of the loan, including principal, accrued interest, and all other sums due therein, shall, at once and without further notice, become immediately due and payable. Seterus use of acceleration and foreclosure threats may violate the Fair Debt Collection Practices Act and North Carolina Collection Agency Act. The FDCPA states that a debt collector may not use any false, deceptive, or misleading representation or means in the collection of a consumers debt. Seterus, sends these collection letters to scare its customers into making mortgage payments. Mortgage servicers want to avoid accelerating and foreclosing on a persons house not from any sense of good will, but because it would cost them a lot of time and money. Ultimately, Seterus threatens to accelerate and foreclose because it is aware of how terrified its customers are of this result. If you are having issues with other companies besides Seterus, take our free two minute survey to see if we are investigating some of your other issues on behalf of consumers like yourself. In my situation thet clearly encourage criminals to defraud inside my property before the Sheriff gave temporary the deed of the property. Was my property is my property and permanent for the next 200 years will be my family 's property and this lair XXXX there is nothing he can do to stop this expect pay the {$260000.00} or face criminal charges and {$5.00} mill legal case against this lair XXXX and his mother. Around {$260000.00} stolen, damage vandalize private property not part of any mortgage Their legal lair adviser XXXX try to cover up but this time will never work. Once I get my property that will be very","date_sent_to_company":"2017-11-20T20:58:50.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"11375","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2734527","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Seterus, Inc.","date_received":"2017-11-20T20:50:27.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Was my <em>property</em> is my <em>property</em> and permanent for the next 200 years will be my family 's <em>property</em> and this lair XXXX there is nothing he can do to stop this expect pay the {$260000.00} or face criminal charges and {$5.00} mill legal case against this lair XXXX and his mother. Around {$260000.00} stolen, <em>damage</em> vandalize private <em>property</em> not part of any mortgage Their legal lair adviser XXXX try to cover up but this time will never work. Once I get my <em>property</em> that will be very"]},"sort":[13.639263,"2734527"]},{"_index":"complaint-public-v1","_id":"11337642","_score":13.566917,"_source":{"product":"Debt collection","complaint_what_happened":"on XX/XX/XXXX early am an unknown company damage my driveway while repo a vehicle without notices also refuse to provide driver insurance or contact information, I was told to sue them by the receptionist as result I have done following steps. \n\nXXXX XXXX RESURGENT CAPITAL LP /LLC COLLECTION DEBT COMPANY ORIGINAL XXXX XXXX, CHARGED OFF DEBT FAIL TO RESPOND TO BONAFIDE DISPUTE / XXXX XXXXXXXX XXXX XXXX XXXX debt is sold to a collection agency. \nUnder UCC 3-301, the collection agency must be able to prove that they are entitled to collect the debt by providing proof that they are the holder of the debt or have the right to enforce it. \nIf they can not produce evidence of the assignment or demonstrate they are the rightful holder, you have a valid defense under UCC 3-301 that they do not have the legal right to enforce the debt. \nConclusion : UCC 3-301 ( 1 ) definitely applies when a third-party debt collector attempts to enforce a charged-off debt. The debt collector must be able to prove they are the holder of the debt or have the right to enforce the debt, typically through documentation of the debts transfer or assignment. If they can not provide such evidence, they may lack the legal standing to collect the debt, and you could successfully challenge their efforts. \nIf you are dealing with a third-party debt collector, you have the right to request proof of their entitlement to collect on the debt. If they fail to prove their right to collect, they may be violating the UCC and other consumer protection laws, such as the Fair Debt Collection Practices Act ( FDCPA ). \nUCCC 3-301 ( 1 ) In the case XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the Oklahoma Supreme Court dealt with the issue of self-help repossession and the legal rights of parties involved in a repossession, particularly regarding the proper notice and procedures required before and after repossession. Although the case primarily concerns the legal standing of the creditor ( the bank ) and the debtor in a repossession scenario, it is highly relevant to your question about the repo of a car without notice. \nLets break it down to see how it applies : The Case : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX In XXXX XXXX XXXX XXXX XXXX XXXXXXXX, the bank has repossessed a vehicle from the debtor, XXXX XXXXXXXX, without providing prior notice. The key issue in the case was whether the bank had acted unlawfully in repossessing the car without giving the required notice or affording the debtor an opportunity to redeem the vehicle. \nThe Oklahoma Supreme Court ruled that self-help repossession is only lawful if it does not breach the peace and if the repossession complies with the terms of the contract ( in this case, the security agreement ). However, in this case, the court found that the bank 's actions in repossessing the car without notice violated the debtor 's rights under the law. \nKey Points of the Case : Right to Notice Before Repossession : The case reinforced that the debtor is entitled to notice before a repossession occurs. This includes notice that the creditor intends to repossess the vehicle and provide an opportunity to cure the default ( if applicable ), especially when required by the Uniform Commercial Code ( UCC ) or the security agreement. \nSelf-Help Repossession Must Not Breach the Peace : The ruling emphasizes that self-help repossession ( when the lender or creditor takes back the vehicle without involving law enforcement ) must not breach the peace. This means the creditor must avoid actions like taking the car in the middle of the night or forcibly entering the debtor 's property. A breach of peace could render the repossession illegal and subject the creditor to damages. \nDue Process and Fair Treatment : The case aligns with the notion that repossessions must be carried out in a manner that respects the debtors due process rights. This includes reasonable notice and an opportunity to address the default before drastic actions like repossession are taken. \nApplication to Your Example : Repossessed Car without Notice If your situation mirrors the example you gave where a company repossessed your car in the middle of the night without any prior notice XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX can be relevant in several ways : Breach of Peace : If the repo company took the car without providing notice and did so in a manner that disrupted your peace ( such as repossessing it while you were unaware, in the middle of the night, or in a threatening manner ), this could be considered a breach of peace under UCC 9-609 ( which governs repossessions ). The Supreme Court in XXXX XXXXXXXX highlighted that the repossession must not disturb the peace, and if it did, the repossession could be considered illegal. \nLack of Notice : If you did not receive notice of the repossession or any opportunity to redeem the car, this could also be a violation of your rights under UCC 9-611, which requires the secured party ( the lender or creditor ) to notify the debtor of the repossession and sale. In your case, if you didnt receive a pre-repossession notice, or notice of the intent to sell the vehicle, this could be a violation of UCC requirements and a breach of your rights. \nOpportunity to Cure : If there was no attempt to provide you with a chance to cure the default ( such as catching up on missed payments before the car was taken ), then the creditor may have violated the terms of the security agreement or failed to follow the proper process outlined in UCC 9-609 and 9-611. \nRemedies Available : If the repossession was deemed to have violated UCC provisions or was conducted in an unlawful manner, you could potentially seek remedies such as damages for the illegal repossession, return of the car, or even monetary compensation for any harm caused by the wrongful repossession. In XXXX XXXXXXXX, the court upheld the idea that a creditor must follow legal procedures to protect the debtors rights, and a failure to do so could result in liability for the creditor. \nWhat You Can Do in a Similar Situation : If you find yourself in a situation where a car has been repossessed without notice, and especially if it was done in the middle of the night or under questionable circumstances, the principles of XXXX XXXX XXXX XXXX XXXX XXXXXXXX may apply to your case. Heres what you can do : Demand Proof of Notice : You can ask the creditor or the repossession company to provide proof that they properly notified you before the repossession took place. Under UCC 9-611, the creditor is required to give you notice of the intended sale of the vehicle before taking any action, and under UCC 9-609 , they can not repossess in a way that breaches the peace. \nCheck for Breach of Peace : If the repossession took place under circumstances that caused a disturbance or were carried out without your knowledge ( such as at night when you were not expecting it ), you might have grounds to claim a breach of peace. If the repossession was conducted in an aggressive, disruptive, or clandestine manner, this could be deemed unlawful. \nExamine the Security Agreement : Review the security agreement you signed when you took out the loan. Many agreements outline how and when a creditor can repossess the vehicle, what notices are required, and any potential penalties for non-payment. If the creditor violated any terms of that agreement ( e.g., failing to provide notice or not giving you an opportunity to cure the default ), you may have a case for wrongful repossession. \nSeek Legal Remedies : If the repossession was wrongful, you may be entitled to remedies such as : Return of the vehicle if it was wrongfully repossessed. \nDamages for any emotional distress, financial loss, or other harm caused by the wrongful repossession. \nA lawsuit for breach of contract or violation of your rights under the UCC. \nConsult an Attorney : If you believe your car was wrongfully repossessed in violation of your rights, it may be helpful to consult with an attorney who specializes in consumer protection, debt collection, or repossession laws. They can advise you on your legal rights, assist you in taking action against the repossession company, and help you seek compensation if applicable. \nConclusion : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX applies to your example by underscoring the requirements for repossession, particularly the need for notice and the prohibition against breach of peace. If the car was taken without notice, especially in the middle of the night, it could very well be considered a violation of both UCC requirements and your legal rights. You might have grounds to challenge the repossession and pursue legal action for damages or wrongful repossession, as the creditor is generally required to follow proper procedures. \nPER THE THIRD PARTY COLLECTING THE CAR WITHOUT NOTICE OF REPO OR ANY CONTRACT TO SHOW OWNERSHIP OR RIGHT OF REPO A LAWSUIT INEVITABLE Yes, if a third-party company repossesses your car without providing notice, without a valid contract, and without showing the right to repossess ( i.e., without demonstrating legal ownership or the right to act on behalf of the creditor ), there are strong grounds for a lawsuit. This is especially true if the repossession violates UCC provisions or consumer protection laws. \nLet 's break down why a lawsuit is inevitable under these circumstances and what the potential causes of action would be. \nKey Legal Issues in Your Scenario : Lack of Notice ( UCC and Consumer Protection ) : Under the Uniform Commercial Code ( UCC ), specifically UCC 9-609, a secured creditor ( or their authorized agent ) may repossess the vehicle, but notice is usually required before and after the repossession. \nNotice before repossession : While the UCC doesn't always require pre-repossession notice in every case ( if the contract allows for immediate repossession after default ), notice after repossession is almost always required especially if the car is going to be sold. \nIf the car was taken without any prior notice to you, and you didnt have an opportunity to cure the default, this could be a violation of UCC requirements. \nLack of Ownership or Right to Repossess : Third-Party Debt Collectors and Repo Agents : A third-party collector must prove they have the right to repossess the vehicle. If the repossession agent or debt collector can not produce evidence of ownership or a contract that clearly shows they have legal standing to repossess the vehicle, they may be violating your rights. \nIf they can not demonstrate they have the right to enforce the contract ( via a valid assignment or proof of ownership of the debt ), the repossession can be contested as unlawful. Under UCC 3-301, they must prove they have the right to enforce the debt. Without proper evidence, they may lack legal standing. \nBreach of Peace : Even if the third-party collector has the right to repossess, UCC 9-609 requires that repossession must be carried out without a breach of peace. If the repo occurred at an unreasonable time ( e.g., in the middle of the night ) or in a manner that caused disruption or fear, that could be considered a breach of peace. \nIn this case, repossession without notice, in the middle of the night, could be argued to constitute a breach of peace, which would make the repossession itself unlawful. \nPotential Causes of Action for a Lawsuit : Given the facts you've outlined, here are the potential legal claims or causes of action that could lead to a lawsuit against the third-party repo agent, the creditor, or both : 1. Wrongful Repossession ( Breach of Contract & UCC Violations ) Lack of Notice : If the repossession was carried out without proper notice as required under UCC 9-611 ( post-repossession notice of intent to sell the car ), or if there was no opportunity for you to cure the default, you may have grounds for wrongful repossession. \nLack of Standing : If the third-party repo agent can not prove that they have the legal right to repossess ( i.e., a valid assignment or proof that they own the debt ), they may not have had the legal right to take your car. In this case, you can sue for wrongful repossession. \n2. Breach of Peace ( UCC Violation ) Breach of Peace occurs when the repossession is conducted in a manner that disturbs the peace. This can include repossession at night, without warning, or in a manner that causes confrontation or distress. \nIf the repo was conducted improperly ( e.g., forcibly entering your property, taking the car without your knowledge or consent ), the creditor or repo company could be liable for damages due to breach of peace. \n3. Conversion ( Theft or Unauthorized Taking ) Conversion is the wrongful taking or control over another person 's property. If the third party took the car without legal authorization, and they are unable to prove that they had the right to take it, you could have a claim for conversion. This is especially relevant if the car was taken without notice, without a contract, and without the proper authority to do so. \n4. Violation of Consumer Protection Laws ( Fair Debt Collection Practices Act, UCC, etc. ) FDCPA Violations : If the repossession was carried out by a debt collector ( i.e., a third-party collection agency ), and they did so improperly, you might have grounds to bring a claim under the Fair Debt Collection Practices Act ( FDCPA ). The FDCPA protects consumers from harassment and abusive practices by debt collectors, including improper or illegal repossession tactics. \nThe UCC also protects consumers from creditors who act outside the bounds of the contract and the law. \n5. Emotional Distress ( Potential Tort Claim ) If the manner of repossession caused you significant emotional distress ( e.g., the stress of having your car taken unexpectedly at night or being wrongfully deprived of your vehicle ), you might have grounds for a claim of emotional distress. This is a more difficult claim to win, but if the repossession was done in an extremely inappropriate manner, it could potentially form the basis for damages. \nWhat You Can Do : Demand Proof : Send a formal demand letter to the creditor or repo company requesting proof of ownership and the right to repossess the car. They should provide you with a contract, proof of assignment, and any relevant documents that show they had the legal right to take the car. \n\nFile a Complaint : You can file a formal complaint with consumer protection agencies, such as the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), or your states attorney general office, if you believe the repossession violated consumer protection laws. \nConsider a Lawsuit : If the third-party repo company or creditor failed to follow the proper legal procedures ( notice, standing, etc. ), you may have a valid claim for wrongful repossession, conversion, breach of peace, or even emotional distress. Your attorney can assist in filing a lawsuit for damages. \nConclusion : Yes, based on the facts you've outlined, a lawsuit is highly likely and advisable. The third-party collector repossessing your car without notice, without showing proper ownership, and potentially in violation of the UCC and consumer protection laws creates significant legal exposure for them. You may have several potential claims, including wrongful repossession, breach of peace, conversion, and violations of consumer protection laws. \nIts important to act quickly and consult with an experienced consumer rights attorney who can help guide you through the process of seeking damages, return of the car, or other legal remedies. : REPO DRIVER DAMAGE PROPERTY TO REPO THE CAR THE REPO COMPANY STATES THEY ARE NOT LIABLE TO GIVE DRIVERS NAME OR INFORMATION IS THIS TRUE IF NOT STEPS TO ENFORCE RELEASE OF INFORMATION POLICE REPORT HAS BEEN FILED In your situation, where the repo driver damaged your property during the repossession of your car and the repo company is refusing to provide the driver 's name or any information, you do have legal avenues to pursue in order to enforce the release of that information and hold the responsible parties accountable. \nKey Legal Issues to Address : Property Damage During Repossession : If the repo driver caused damage to your property while attempting to repossess your car, this may constitute tortious conduct, such as negligence or even intentional damage. Depending on the circumstances, you may have grounds for a claim for property damage. \nRight to Know Who Caused the Damage : You are entitled to know the identity of the person who damaged your property during the repossession. The repossession company ( or the principal party responsible ) should not be withholding this information if a police report has been filed and if the damage is part of the repossession process. \nLiability of the Repossession Company : Even though the repossession driver may be the one who caused the damage, the repossession company is generally liable for the actions of its agents ( in this case, the driver ) while they are acting within the scope of their employment or job duties ( such as repossessing a vehicle ). \nIf the repossession was carried out by an independent contractor, there may be additional steps to take to identify and hold the contractor accountable, but the repossession company could still bear responsibility for ensuring that their contractors act within the law and do not damage property. \nSteps to Enforce Release of Information and Hold the Repo Company Accountable : 1. Reaffirm Your Right to the Information ( Legal Basis ) The repossession company is likely bound by state laws that require it to provide information about the incident, especially if a police report has been filed. If they are refusing to provide the driver 's name or contact information, you can take the following steps : State Law on Property Damage : Many states have consumer protection laws and tort laws that hold repossession companies liable for damages caused by their agents. The repossession company is obligated to assist you in pursuing any claims you have for damage caused during repossession. \nRequest in Writing : Formally request, in writing, that the repo company provide the driver 's information as part of the property damage claim. This letter should state the nature of the damage, the fact that a police report has been filed, and your demand for the driver 's identity. \n\nDONE Police Report : Since you've filed a police report, obtain a copy of the report if you haven't already. The police report should contain : Details about the incident ( the property damage ). \nThe repo companys information. \nAny witness statements or documentation related to the repossession. \nIdentifying details about the driver, if provided by the repo company or the driver himself. \nThe police report will help validate your claim of property damage and is often necessary to pursue legal action or to file a claim with your insurance. \n3. SENT Formal Demand Letter If the repossession company is unresponsive to your initial requests, send a formal demand letter requesting the driver 's information and any relevant documentation. You can include : Details about the damage ( photographs, estimates, etc. ). \nA reference to the police report. \nYour demand that they provide the driver 's name so you can proceed with your claim. \nThis letter should also specify a deadline for a response ( e.g., 10-15 business days ) and clearly state that if they do not respond, you will pursue further legal action, including the involvement of consumer protection agencies or litigation. \n4. Contact Consumer Protection Agencies ( If Repo Company Refuses ) If the repo company still refuses to provide information, consider escalating the matter by contacting relevant consumer protection agencies : State Attorney Generals Office : They may have specific guidelines or complaints related to repossession companies that are not complying with the law or are withholding information unlawfully. \nXXXX XXXX XXXX XXXX XXXX XXXX : Filing a complaint with the XXXX  can put public pressure on the company to resolve your issue. \nConsumer Financial Protection Bureau ( CFPB ) : If the repossession was carried out by a debt collector, you can also file a complaint with the CFPB, which enforces the Fair Debt Collection Practices Act ( FDCPA ). \n5. Small Claims Court or Lawsuit ( Legal Action ) If you are unable to resolve the matter through the repossession company or consumer protection agencies, filing a lawsuit or taking the matter to small claims court may be your next option : Sue for Property Damage : If the repossession company refuses to provide the driver 's name or cooperate, you can consider filing a lawsuit for property damage. The repossession company may be held liable for the actions of its agent ( the repo driver ). \nIn many states, you can file a small claims lawsuit for property damage ( often under a certain dollar amount, such as {$5000.00} or {$10000.00}, depending on the state ). \nSue for Breach of Contract : If the repo company violated terms of your agreement ( e.g., repossession was conducted improperly ), you may also have a breach of contract claim. \n\nDemand the Driver 's Information in writing, citing the police report and property damage. \nObtain the Police Report and use it as evidence to support your claim. \nFile a Complaint with the Attorney General or consumer protection agencies if the company continues to refuse to cooperate. \nConsider Small Claims Court or Legal Action if the company is uncooperative or refuses to provide the necessary information. \nYou have the legal right to know who caused the damage to your property and to seek compensation for the damages. If the repo company is refusing to provide that information, legal recourse is your next step. Consulting with an attorney who specializes in consumer protection or tort law could provide additional support to ensure your rights are protected. \n\nXXXX XXXX IS THE COMPANY THE ORIGINAL CONTRACT WITH THERE WAS BONAFIDE DISPUTE SUBMITTED TO THEM VIA REGISTERED MAIL THEY NEVER REPLIED ENFORCEMENT ACCORDING TO SATISFACTION UCC 3-311 WAS XXXXXXXX XXXX ABLE TO SELL THE DEBT AFTER CHARGING IT OFF AND NOT REPLYING TO BONAFIDE DISPUTE? \n\nUnder the Uniform Commercial Code ( UCC ), particularly UCC 3-311, the situation you've described involves some important legal principles regarding disputes and charge-offs, as well as the sale of a debt after a Bonafide dispute has been raised. Lets break this down step-by-step : 1. Bonafide Dispute Under UCC 3-311 : UCC 3-311 specifically addresses disputes and the right of the debtor to dispute the validity of a debt. When a debtor raises a Bonafide dispute ( a legitimate, good faith dispute about the debt or its amount ), the creditor is required to acknowledge and respond to the dispute in a reasonable manner. If a dispute is raised and the creditor fails to respond or resolve it, they may be in violation of certain provisions of the UCC and other applicable consumer protection laws. \nUCC 3-311 states that if a debtor sends a dispute ( such as a registered mail notice, which you did ), the creditor is required to respond or provide a resolution. A failure to respond to a bona fide dispute could affect the creditor 's ability to enforce the debt or take certain actions, including selling the debt or charging it off. \n2. Charging Off the Debt : Charge-off is an accounting action that the lender ( in this case, XXXX XXXX ) takes to declare the debt as unlikely to be collected. A charge-off does not extinguish the debt ; it is simply an accounting procedure that moves the debt off the creditors balance sheet. It is still a valid debt that the creditor ( or a third party ) can attempt to collect, unless there is some legal reason why the debt can not be enforced ( such as a Bonafide dispute or a failure to respond to the dispute ). \nIn your case, if XXXX XXXX charged off the debt after receiving your dispute and without responding to it, they may have violated UCC 3-311. Charging off the debt without addressing the dispute could mean that the creditor has waived their right to enforce the debt or sell the debt, depending on the nature of the dispute. \n3. Selling the Debt After Charge-Off : After a charge-off, the creditor ( in this case, XXXX XXXX ) has the right to sell the debt to a third-party collection agency or debt buyer. However, there are specific conditions under the UCC and related laws that govern this process : Failure to Respond to a Bona Fide Dispute : If XXXX XXXX did not respond to your Bonafide dispute, they could have violated UCC 3-311, which requires them to address the dispute and offer a resolution before continuing with collection efforts. If they ignored the dispute, they might not have been legally able to sell the debt or attempt to enforce it while the dispute remains unresolved. \nConsumer Protection Laws : In addition to the UCC, there are consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), that require creditors and debt collectors to act fairly and respond to disputes. If the debt was sold to a third party after the dispute, the third-party collector must still adhere to these same laws, including validating the debt before attempting to collect it. \n4. Legal Impact of Not Responding to a Bonafide Dispute : Under UCC 3-311, creditors are not allowed to enforce or transfer a debt for collection if there is an unresolved Bonafide dispute. This means that if XXXX XXXX failed to address your bona fide dispute, they may not have been legally allowed to sell the debt or continue to attempt collection. Their failure to respond to your dispute could have prevented them from enforcing the debt, and any subsequent actions, such as selling the debt to a third-party collection agency, could be legally questionable. \n5. What Can You Do? \nHere are your options to enforce your rights under UCC 3-311 and other applicable laws : a. I HAVE DocumentED Everything : Keep copies of the dispute letter you sent to XXXX XXXX ( via registered mail ). \nEnsure you have proof of the failure to respond from XXXX XXXX. If they didn't reply to your dispute, this could be an important piece of evidence that they violated UCC provisions. \nRequest copies of any communication or documentation related to the sale of the debt. If they sold the debt, they should have informed you of the sale and the new holder of the debt.","date_sent_to_company":"2024-12-31T19:11:05.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"374XX","tags":null,"has_narrative":true,"complaint_id":"11337642","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2024-12-31T17:18:14.000Z","state":"TN","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Key Legal Issues to Address : <em>Property</em> <em>Damage</em> During Repossession : If the repo driver caused <em>damage</em> to your <em>property</em> while attempting to repossess your car, this may constitute tortious conduct, such as negligence or even intentional <em>damage</em>. Depending on the circumstances, you may have grounds for a claim for <em>property</em> <em>damage</em>. \nRight to Know Who Caused the <em>Damage</em> : You are entitled to know the identity of the person who <em>damaged</em> your <em>property</em> during the repossession."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[13.566917,"11337642"]},{"_index":"complaint-public-v1","_id":"11337048","_score":13.553445,"_source":{"product":"Debt collection","complaint_what_happened":"on XX/XX/XXXX early am an unknown company damage my driveway while repo a vehicle without notices also refuse to provide driver insurance or contact information, I was told to sue them by the receptionist as result I have done following steps. \n\nThird Party XXXX XXXXXXXX XXXX XXXX XXXX DEBT COMPANY ORIGINAL NAVY FEDERAL, CHARGED OFF DEBT FAIL TO RESPOND TO BONAFIDE DISPUTE / XXXXXXXX XXXX XXXX XXXX XXXX debt is sold to a collection agency. \nUnder UCC 3-301, the collection agency must be able to prove that they are entitled to collect the debt by providing proof that they are the holder of the debt or have the right to enforce it. \nIf they can not produce evidence of the assignment or demonstrate they are the rightful holder, you have a valid defense under UCC 3-301 that they do not have the legal right to enforce the debt. \nConclusion : UCC 3-301 ( 1 ) definitely applies when a third-party debt collector attempts to enforce a charged-off debt. The debt collector must be able to prove they are the holder of the debt or have the right to enforce the debt, typically through documentation of the debts transfer or assignment. If they can not provide such evidence, they may lack the legal standing to collect the debt, and you could successfully challenge their efforts. \nIf you are dealing with a third-party debt collector, you have the right to request proof of their entitlement to collect on the debt. If they fail to prove their right to collect, they may be violating the UCC and other consumer protection laws, such as the Fair Debt Collection Practices Act ( FDCPA ). \nUCCC 3-301 ( 1 ) In the case XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), the Oklahoma Supreme Court dealt with the issue of self-help repossession and the legal rights of parties involved in a repossession, particularly regarding the proper notice and procedures required before and after repossession. Although the case primarily concerns the legal standing of the creditor ( the bank ) and the debtor in a repossession scenario, it is highly relevant to your question about the repo of a car without notice. \nLets break it down to see how it applies : The Case : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX In XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, the bank has repossessed a vehicle from the debtor, XXXX XXXX, without providing prior notice. The key issue in the case was whether the bank had acted unlawfully in repossessing the car without giving the required notice or affording the debtor an opportunity to redeem the vehicle. \nThe Oklahoma Supreme Court ruled that self-help repossession is only lawful if it does not breach the peace and if the repossession complies with the terms of the contract ( in this case, the security agreement ). However, in this case, the court found that the bank 's actions in repossessing the car without notice violated the debtor 's rights under the law. \nKey Points of the Case : Right to Notice Before Repossession : The case reinforced that the debtor is entitled to notice before a repossession occurs. This includes notice that the creditor intends to repossess the vehicle and provide an opportunity to cure the default ( if applicable ), especially when required by the Uniform Commercial Code ( UCC ) or the security agreement. \nSelf-Help Repossession Must Not Breach the Peace : The ruling emphasizes that self-help repossession ( when the lender or creditor takes back the vehicle without involving law enforcement ) must not breach the peace. This means the creditor must avoid actions like taking the car in the middle of the night or forcibly entering the debtor 's property. A breach of peace could render the repossession illegal and subject the creditor to damages. \nDue Process and Fair Treatment : The case aligns with the notion that repossessions must be carried out in a manner that respects the debtors due process rights. This includes reasonable notice and an opportunity to address the default before drastic actions like repossession are taken. \nApplication to Your Example : Repossessed Car without Notice If your situation mirrors the example you gave where a company repossessed your car in the middle of the night without any prior notice XXXX XXXX XXXX XXXX XXXX XXXX  can be relevant in several ways : Breach of Peace : If the repo company took the car without providing notice and did so in a manner that disrupted your peace ( such as repossessing it while you were unaware, in the middle of the night, or in a threatening manner ), this could be considered a breach of peace under UCC 9-609 ( which governs repossessions ). The Supreme Court in XXXX XXXXXXXX highlighted that the repossession must not disturb the peace, and if it did, the repossession could be considered illegal. \nLack of Notice : If you did not receive notice of the repossession or any opportunity to redeem the car, this could also be a violation of your rights under UCC 9-611, which requires the secured party ( the lender or creditor ) to notify the debtor of the repossession and sale. In your case, if you didnt receive a pre-repossession notice, or notice of the intent to sell the vehicle, this could be a violation of UCC requirements and a breach of your rights. \nOpportunity to Cure : If there was no attempt to provide you with a chance to cure the default ( such as catching up on missed payments before the car was taken ), then the creditor may have violated the terms of the security agreement or failed to follow the proper process outlined in UCC 9-609 and 9-611. \nRemedies Available : If the repossession was deemed to have violated UCC provisions or was conducted in an unlawful manner, you could potentially seek remedies such as damages for the illegal repossession, return of the car, or even monetary compensation for any harm caused by the wrongful repossession. In XXXX XXXXXXXX, the court upheld the idea that a creditor must follow legal procedures to protect the debtors rights, and a failure to do so could result in liability for the creditor. \nWhat You Can Do in a Similar Situation : If you find yourself in a situation where a car has been repossessed without notice, and especially if it was done in the middle of the night or under questionable circumstances, the principles of XXXX XXXX XXXX XXXX XXXX XXXXXXXX may apply to your case. Heres what you can do : Demand Proof of Notice : You can ask the creditor or the repossession company to provide proof that they properly notified you before the repossession took place. Under UCC 9-611, the creditor is required to give you notice of the intended sale of the vehicle before taking any action, and under UCC 9-609 , they can not repossess in a way that breaches the peace. \nCheck for Breach of Peace : If the repossession took place under circumstances that caused a disturbance or were carried out without your knowledge ( such as at night when you were not expecting it ), you might have grounds to claim a breach of peace. If the repossession was conducted in an aggressive, disruptive, or clandestine manner, this could be deemed unlawful. \nExamine the Security Agreement : Review the security agreement you signed when you took out the loan. Many agreements outline how and when a creditor can repossess the vehicle, what notices are required, and any potential penalties for non-payment. If the creditor violated any terms of that agreement ( e.g., failing to provide notice or not giving you an opportunity to cure the default ), you may have a case for wrongful repossession. \nSeek Legal Remedies : If the repossession was wrongful, you may be entitled to remedies such as : Return of the vehicle if it was wrongfully repossessed. \nDamages for any emotional distress, financial loss, or other harm caused by the wrongful repossession. \nA lawsuit for breach of contract or violation of your rights under the UCC. \nConsult an Attorney : If you believe your car was wrongfully repossessed in violation of your rights, it may be helpful to consult with an attorney who specializes in consumer protection, debt collection, or repossession laws. They can advise you on your legal rights, assist you in taking action against the repossession company, and help you seek compensation if applicable. \nConclusion : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  applies to your example by underscoring the requirements for repossession, particularly the need for notice and the prohibition against breach of peace. If the car was taken without notice, especially in the middle of the night, it could very well be considered a violation of both UCC requirements and your legal rights. You might have grounds to challenge the repossession and pursue legal action for damages or wrongful repossession, as the creditor is generally required to follow proper procedures. \nPER THE THIRD PARTY COLLECTING THE CAR WITHOUT NOTICE OF REPO OR ANY CONTRACT TO SHOW OWNERSHIP OR RIGHT OF REPO A LAWSUIT INEVITABLE Yes, if a third-party company repossesses your car without providing notice, without a valid contract, and without showing the right to repossess ( i.e., without demonstrating legal ownership or the right to act on behalf of the creditor ), there are strong grounds for a lawsuit. This is especially true if the repossession violates UCC provisions or consumer protection laws. \nLet 's break down why a lawsuit is inevitable under these circumstances and what the potential causes of action would be. \nKey Legal Issues in Your Scenario : Lack of Notice ( UCC and Consumer Protection ) : Under the Uniform Commercial Code ( UCC ), specifically UCC 9-609, a secured creditor ( or their authorized agent ) may repossess the vehicle, but notice is usually required before and after the repossession. \nNotice before repossession : While the UCC doesn't always require pre-repossession notice in every case ( if the contract allows for immediate repossession after default ), notice after repossession is almost always required especially if the car is going to be sold. \nIf the car was taken without any prior notice to you, and you didnt have an opportunity to cure the default, this could be a violation of UCC requirements. \nLack of Ownership or Right to Repossess : Third-Party Debt Collectors and Repo Agents : A third-party collector must prove they have the right to repossess the vehicle. If the repossession agent or debt collector can not produce evidence of ownership or a contract that clearly shows they have legal standing to repossess the vehicle, they may be violating your rights. \nIf they can not demonstrate they have the right to enforce the contract ( via a valid assignment or proof of ownership of the debt ), the repossession can be contested as unlawful. Under UCC 3-301, they must prove they have the right to enforce the debt. Without proper evidence, they may lack legal standing. \nBreach of Peace : Even if the third-party collector has the right to repossess, UCC 9-609 requires that repossession must be carried out without a breach of peace. If the repo occurred at an unreasonable time ( e.g., in the middle of the night ) or in a manner that caused disruption or fear, that could be considered a breach of peace. \nIn this case, repossession without notice, in the middle of the night, could be argued to constitute a breach of peace, which would make the repossession itself unlawful. \nPotential Causes of Action for a Lawsuit : Given the facts you've outlined, here are the potential legal claims or causes of action that could lead to a lawsuit against the third-party repo agent, the creditor, or both : 1. Wrongful Repossession ( Breach of Contract & UCC Violations ) Lack of Notice : If the repossession was carried out without proper notice as required under UCC 9-611 ( post-repossession notice of intent to sell the car ), or if there was no opportunity for you to cure the default, you may have grounds for wrongful repossession. \nLack of Standing : If the third-party repo agent can not prove that they have the legal right to repossess ( i.e., a valid assignment or proof that they own the debt ), they may not have had the legal right to take your car. In this case, you can sue for wrongful repossession. \n2. Breach of Peace ( UCC Violation ) Breach of Peace occurs when the repossession is conducted in a manner that disturbs the peace. This can include repossession at night, without warning, or in a manner that causes confrontation or distress. \nIf the repo was conducted improperly ( e.g., forcibly entering your property, taking the car without your knowledge or consent ), the creditor or repo company could be liable for damages due to breach of peace. \n3. Conversion ( Theft or Unauthorized Taking ) Conversion is the wrongful taking or control over another person 's property. If the third party took the car without legal authorization, and they are unable to prove that they had the right to take it, you could have a claim for conversion. This is especially relevant if the car was taken without notice, without a contract, and without the proper authority to do so. \n4. Violation of Consumer Protection Laws ( Fair Debt Collection Practices Act, UCC, etc. ) FDCPA Violations : If the repossession was carried out by a debt collector ( i.e., a third-party collection agency ), and they did so improperly, you might have grounds to bring a claim under the Fair Debt Collection Practices Act ( FDCPA ). The FDCPA protects consumers from harassment and abusive practices by debt collectors, including improper or illegal repossession tactics. \nThe UCC also protects consumers from creditors who act outside the bounds of the contract and the law. \n5. Emotional Distress ( Potential Tort Claim ) If the manner of repossession caused you significant emotional distress ( e.g., the stress of having your car taken unexpectedly at night or being wrongfully deprived of your vehicle ), you might have grounds for a claim of emotional distress. This is a more difficult claim to win, but if the repossession was done in an extremely inappropriate manner, it could potentially form the basis for damages. \nWhat You Can Do : Demand Proof : Send a formal demand letter to the creditor or repo company requesting proof of ownership and the right to repossess the car. They should provide you with a contract, proof of assignment, and any relevant documents that show they had the legal right to take the car. \n\nFile a Complaint : You can file a formal complaint with consumer protection agencies, such as the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), or your states attorney general office, if you believe the repossession violated consumer protection laws. \nConsider a Lawsuit : If the third-party repo company or creditor failed to follow the proper legal procedures ( notice, standing, etc. ), you may have a valid claim for wrongful repossession, conversion, breach of peace, or even emotional distress. Your attorney can assist in filing a lawsuit for damages. \nConclusion : Yes, based on the facts you've outlined, a lawsuit is highly likely and advisable. The third-party collector repossessing your car without notice, without showing proper ownership, and potentially in violation of the UCC and consumer protection laws creates significant legal exposure for them. You may have several potential claims, including wrongful repossession, breach of peace, conversion, and violations of consumer protection laws. \nIts important to act quickly and consult with an experienced consumer rights attorney who can help guide you through the process of seeking damages, return of the car, or other legal remedies. : REPO DRIVER DAMAGE PROPERTY TO REPO THE CAR THE REPO COMPANY STATES THEY ARE NOT LIABLE TO GIVE DRIVERS NAME OR INFORMATION IS THIS TRUE IF NOT STEPS TO ENFORCE RELEASE OF INFORMATION POLICE REPORT HAS BEEN FILED In your situation, where the repo driver damaged your property during the repossession of your car and the repo company is refusing to provide the driver 's name or any information, you do have legal avenues to pursue in order to enforce the release of that information and hold the responsible parties accountable. \nKey Legal Issues to Address : Property Damage During Repossession : If the repo driver caused damage to your property while attempting to repossess your car, this may constitute tortious conduct, such as negligence or even intentional damage. Depending on the circumstances, you may have grounds for a claim for property damage. \nRight to Know Who Caused the Damage : You are entitled to know the identity of the person who damaged your property during the repossession. The repossession company ( or the principal party responsible ) should not be withholding this information if a police report has been filed and if the damage is part of the repossession process. \nLiability of the Repossession Company : Even though the repossession driver may be the one who caused the damage, the repossession company is generally liable for the actions of its agents ( in this case, the driver ) while they are acting within the scope of their employment or job duties ( such as repossessing a vehicle ). \nIf the repossession was carried out by an independent contractor, there may be additional steps to take to identify and hold the contractor accountable, but the repossession company could still bear responsibility for ensuring that their contractors act within the law and do not damage property. \nSteps to Enforce Release of Information and Hold the Repo Company Accountable : 1. Reaffirm Your Right to the Information ( Legal Basis ) The repossession company is likely bound by state laws that require it to provide information about the incident, especially if a police report has been filed. If they are refusing to provide the driver 's name or contact information, you can take the following steps : State Law on Property Damage : Many states have consumer protection laws and tort laws that hold repossession companies liable for damages caused by their agents. The repossession company is obligated to assist you in pursuing any claims you have for damage caused during repossession. \nRequest in Writing : Formally request, in writing, that the repo company provide the driver 's information as part of the property damage claim. This letter should state the nature of the damage, the fact that a police report has been filed, and your demand for the driver 's identity. \n\nDONE Police Report : Since you've filed a police report, obtain a copy of the report if you haven't already. The police report should contain : Details about the incident ( the property damage ). \nThe repo companys information. \nAny witness statements or documentation related to the repossession. \nIdentifying details about the driver, if provided by the repo company or the driver himself. \nThe police report will help validate your claim of property damage and is often necessary to pursue legal action or to file a claim with your insurance. \n3. SENT Formal Demand Letter If the repossession company is unresponsive to your initial requests, send a formal demand letter requesting the driver 's information and any relevant documentation. You can include : Details about the damage ( photographs, estimates, etc. ). \nA reference to the police report. \nYour demand that they provide the driver 's name so you can proceed with your claim. \nThis letter should also specify a deadline for a response ( e.g., 10-15 business days ) and clearly state that if they do not respond, you will pursue further legal action, including the involvement of consumer protection agencies or litigation. \n4. Contact Consumer Protection Agencies ( If Repo Company Refuses ) If the repo company still refuses to provide information, consider escalating the matter by contacting relevant consumer protection agencies : State Attorney Generals Office : They may have specific guidelines or complaints related to repossession companies that are not complying with the law or are withholding information unlawfully. \nXXXX XXXX XXXX XXXX XXXX XXXX  : Filing a complaint with the XXXX  can put public pressure on the company to resolve your issue. \nConsumer Financial Protection Bureau ( CFPB ) : If the repossession was carried out by a debt collector, you can also file a complaint with the CFPB, which enforces the Fair Debt Collection Practices Act ( FDCPA ). \n5. Small Claims Court or Lawsuit ( Legal Action ) If you are unable to resolve the matter through the repossession company or consumer protection agencies, filing a lawsuit or taking the matter to small claims court may be your next option : Sue for Property Damage : If the repossession company refuses to provide the driver 's name or cooperate, you can consider filing a lawsuit for property damage. The repossession company may be held liable for the actions of its agent ( the repo driver ). \nIn many states, you can file a small claims lawsuit for property damage ( often under a certain dollar amount, such as {$5000.00} or {$10000.00}, depending on the state ). \nSue for Breach of Contract : If the repo company violated terms of your agreement ( e.g., repossession was conducted improperly ), you may also have a breach of contract claim. \n\nDemand the Driver 's Information in writing, citing the police report and property damage. \nObtain the Police Report and use it as evidence to support your claim. \nFile a Complaint with the Attorney General or consumer protection agencies if the company continues to refuse to cooperate. \nConsider Small Claims Court or Legal Action if the company is uncooperative or refuses to provide the necessary information. \nYou have the legal right to know who caused the damage to your property and to seek compensation for the damages. If the repo company is refusing to provide that information, legal recourse is your next step. Consulting with an attorney who specializes in consumer protection or tort law could provide additional support to ensure your rights are protected. \n\nNAVY FEDERAL IS THE COMPANY THE ORIGINAL CONTRACT WITH THERE WAS BONAFIDE DISPUTE SUBMITTED TO THEM VIA REGISTERED MAIL THEY NEVER REPLIED ENFORCEMENT ACCORDING TO SATISFACTION UCC 3-311 WAS NAVY FEDERAL ABLE TO SELL THE DEBT AFTER CHARGING IT OFF AND NOT REPLYING TO BONAFIDE DISPUTE? \n\nUnder the Uniform Commercial Code ( UCC ), particularly UCC 3-311, the situation you've described involves some important legal principles regarding disputes and charge-offs, as well as the sale of a debt after a Bonafide dispute has been raised. Lets break this down step-by-step : 1. Bonafide Dispute Under UCC 3-311 : UCC 3-311 specifically addresses disputes and the right of the debtor to dispute the validity of a debt. When a debtor raises a Bonafide dispute ( a legitimate, good faith dispute about the debt or its amount ), the creditor is required to acknowledge and respond to the dispute in a reasonable manner. If a dispute is raised and the creditor fails to respond or resolve it, they may be in violation of certain provisions of the UCC and other applicable consumer protection laws. \nUCC 3-311 states that if a debtor sends a dispute ( such as a registered mail notice, which you did ), the creditor is required to respond or provide a resolution. A failure to respond to a bona fide dispute could affect the creditor 's ability to enforce the debt or take certain actions, including selling the debt or charging it off. \n2. Charging Off the Debt : Charge-off is an accounting action that the lender ( in this case, XXXX XXXX XXXX takes to declare the debt as unlikely to be collected. A charge-off does not extinguish the debt ; it is simply an accounting procedure that moves the debt off the creditors balance sheet. It is still a valid debt that the creditor ( or a third party ) can attempt to collect, unless there is some legal reason why the debt can not be enforced ( such as a Bonafide dispute or a failure to respond to the dispute ). \nIn your case, if Navy Federal charged off the debt after receiving your dispute and without responding to it, they may have violated UCC 3-311. Charging off the debt without addressing the dispute could mean that the creditor has waived their right to enforce the debt or sell the debt, depending on the nature of the dispute. \n3. Selling the Debt After Charge-Off : After a charge-off, the creditor ( in this case, Navy Federal ) has the right to sell the debt to a third-party collection agency or debt buyer. However, there are specific conditions under the UCC and related laws that govern this process : Failure to Respond to a Bona Fide Dispute : If Navy Federal did not respond to your Bonafide dispute, they could have violated UCC 3-311, which requires them to address the dispute and offer a resolution before continuing with collection efforts. If they ignored the dispute, they might not have been legally able to sell the debt or attempt to enforce it while the dispute remains unresolved. \nConsumer Protection Laws : In addition to the UCC, there are consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), that require creditors and debt collectors to act fairly and respond to disputes. If the debt was sold to a third party after the dispute, the third-party collector must still adhere to these same laws, including validating the debt before attempting to collect it. \n4. Legal Impact of Not Responding to a Bonafide Dispute : Under UCC 3-311, creditors are not allowed to enforce or transfer a debt for collection if there is an unresolved Bonafide dispute. This means that if Navy Federal failed to address your bona fide dispute, they may not have been legally allowed to sell the debt or continue to attempt collection. Their failure to respond to your dispute could have prevented them from enforcing the debt, and any subsequent actions, such as selling the debt to a third-party collection agency, could be legally questionable. \n5. What Can You Do? \nHere are your options to enforce your rights under UCC 3-311 and other applicable laws : a. I HAVE DocumentED Everything : Keep copies of the dispute letter you sent to Navy Federal ( via registered mail ). \nEnsure you have proof of the failure to respond from Navy Federal. If they didn't reply to your dispute, this could be an important piece of evidence that they violated UCC provisions. \nRequest copies of any communication or documentation related to the sale of the debt. If they sold the debt, they should have informed you of the sale and the new holder of the debt.","date_sent_to_company":"2024-12-31T19:11:17.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"374XX","tags":null,"has_narrative":true,"complaint_id":"11337048","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2024-12-31T19:11:15.000Z","state":"TN","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Key Legal Issues to Address : <em>Property</em> <em>Damage</em> During Repossession : If the repo driver caused <em>damage</em> to your <em>property</em> while attempting to repossess your car, this may constitute tortious conduct, such as negligence or even intentional <em>damage</em>. Depending on the circumstances, you may have grounds for a claim for <em>property</em> <em>damage</em>. \nRight to Know Who Caused the <em>Damage</em> : You are entitled to know the identity of the person who <em>damaged</em> your <em>property</em> during the repossession."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[13.553445,"11337048"]},{"_index":"complaint-public-v1","_id":"8200874","_score":13.034556,"_source":{"product":"Debt collection","complaint_what_happened":"While trying to refinance my mortgage loan in XX/XX/XXXX, the mortgage originator advised that there was a lien on my property. This was a surprise to me. After researching the issue, I discovered : In XXXX my wife defaulted on a very small credit card debt. The debt was handed over to law firm here in Florida ; XXXX, XXXX and XXXX. According to the court records, this law firm filed suit against my wife in XXXX. My wife does not recall being served. The document filed for proof of service gives an incorrect physical description. Regardless, the firm obtain a default judgement against her. Afterward, they did knowingly file a certified copy of the judgment causing a lien to appear in the public record associated with my property. We filed XXXX in early XXXX, but this was done after the judgment and lien was in place. Neither the judgement nor the lien came to light in the XXXX process. \n\nI have three major complaints.\n\n1. By nature, the county recorders website associates my name with the property and therefore the debt and judgment. When searching property records using my name, this debt and judgment that I am not responsible for and did not know about appears. The word lien appears as the category chosen to classify the certified copy of the judgment. It is my understanding that FDCPA prohibits publishing debtor list, especially if the person defamed is not even party to the debt and is just a spouse or relative. \n\n2. Placing a lien on homestead property is contrary to Florida law unless the judgement is derived from a subject matter regarding the property itself. The firm that caused the lien to appear is well aware of this, but proceeded regardless. The attorneys involved are bound by a code of ethics that prohibits misdirected legal pursuits. I will attach this complaint to the bar complaint. They caused a lien to appear on record knowing it was not valid.\n\n3. I have a right to be notified and to participate in any legal proceeding that may result in the seizure of my property or could harm me in any way. This right was violated when the firm continued litigation in secret and intentionally caused a lien to appear in the public record against my property. Ive been denied an opportune to contest the matter in court or to have paid the amount due myself. \n\nLast week my wife and I called the firm to clear up the judgement so my mortgage refinance can move forward. The representative failed to properly place the call on hold as they spoke to their manager. We heard the conversation. The manager explained to the phone representative that they could not accept payment from us due to the XXXX XXXX bankruptcy. The representative gave the fdcpa mini maranda anyways. After the representative refused to accept a payment to satisfy the judgment we asked to speak with someone about the lien. The representative hung up the phone.\n\nIt is clear that intentionally or negligently filing a lien against homestead property for credit card debt while knowing that Florida law does not recognize such a lien is an unfair and deceptive debt collection practice. From my analysis of the public record it is being done en mass by this firm without regard for the rights or reputation of property owners. Without the XXXX in place I would have been compelled to just pay the judgement before closing having been denied the right to contest the debt, respond to the lawsuit or work out any other arrangement. \n\nThe delay in my mortgage refinance is costing me time and money. I was embarrassed and distraught when the mortgage representative informed me that they needed a signed authorization so they could get a payoff quote for the judgement. My professional reputation was also damaged since I work in the same industry in a capacity that requires a high degree of trust and ethical responsibility. I would have gladly paid the entire balance of given the opportunity. \n\nAt the moment, I have no way of getting in touch with an attorney at the firm. I can not get through the call vent without an account number. My only option is to hire my own attorney and suffer legal fees to resolve the matter. This will cost sub more than the amount of the original debt.","date_sent_to_company":"2024-01-22T09:36:16.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"32086","tags":null,"has_narrative":true,"complaint_id":"8200874","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TD BANK US HOLDING COMPANY","date_received":"2024-01-22T09:36:14.000Z","state":"FL","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["I have a right to be notified and to participate in any legal proceeding that may <em>result</em> in the seizure of my <em>property</em> or could harm me in any way. This right was violated when the firm continued litigation in secret and intentionally caused a lien to appear in the public record against my <em>property</em>. Ive been denied an opportune to contest the matter in court or to have paid the amount due myself."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[13.034556,"8200874"]},{"_index":"complaint-public-v1","_id":"2656820","_score":12.841142,"_source":{"product":"Mortgage","complaint_what_happened":"SLS LN XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX XXXX Short sale was started with SLS on XXXX/XXXX/XXXX. An offer for $ XXXX was submitted. A BPO was completed by SLS and the offer was countered to $ XXXX. \n\nWe submitted the following value dispute documents on XXXX/XXXX/XXXX : XXXX. Letter from Buyer regarding property condition 2. Contractor Bid from XXXX XXXX 3. Contractor Bid from XXXX XXXX XXXX 4. Plumbing Bid from XXXX XXXX 5. Contract or Bid from XXXX XXXX XXXX 6. Site Investigation Report -- - this was an evaluation done by an independent third party 7. XXXX XXXX County Records Search 8. Photos showing damage This information resulted in a counter offer of $ XXXX. A fully licensed appraiser was hired ( not by SLS ) to complete an appraisal by a Licensed Appraiser. ( SLSs valuation was done by a BPO agent not a licensed appraiser. ) ****This appraisal came back at $ XXXX. \n\n\nThe following items were submitted via fax to SLS on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX. These items were also emailed to SLS on XXXX/XXXX/XXXX. \n\n1. All of the items above, sent on XXXX/XXXX/XXXX XXXX. Appraisal ( done by a fully Licensed appraiser ) 3. Market Comparables showing sold comparables pricing in low $ XXXX range My conversation with the SLS rep today, XXXX/XXXX/XXXX, indicated that SLS has deleted several items from the faxes and emails, namely the Site Investigation Report. ***SLS HAS WILLFULLY DELETED DOCUMENTS that have constituted the Valuation Dispute package we have submitted. THIS IS UNACCEPTABLE. \n\n\nFurthermore, the BPO agent, XXXX XXXX, has already been involved in several cases of valuation fraud in regards to other valuations he has completed. He is an REO agent and it is obvious that he commits this fraud in order to secure the listing ( and the subsequent commission fees ) from the servicer after the foreclosure. \n\nWe have had these same valuation issues with the property at XXXX XXXX XXXX XXXX also serviced by XXXX. This is another short sale we are working on where XXXX XXXX has willfully commited valuation fraud. Please see attached letter from the Listing Agent on this property which outlines each material fact that XXXX XXXX has omitted from his valuation of the property on XXXX XXXX XXXX ( NOTE : there are SEVEN MATERIAL FACTS OMMITTED BY XXXX XXXX on the valuation for XXXX XXXX XXXX alonethe biggest issue being that it is a mobile home and he is calling it an SFR ) Also please see the photo of the pool, which he completely omitted from his valuation. ( XXXXXXXX XXXX was provided with all information regarding the condition of the home and he has purposely omitted these items from his valuation. ) We currently have both State and Federal complaints filed against XXXX XXXX on this property alone. -- -See attached for Deerhorn : 1 ) Interior BPO done by XXXX XXXX , 2 ) Letter to XXXX from the Listing Agent, & 3 ) photo of pool. \n\n\nSecondly, due to the issues with XXXX XXXX valuation of the property at XXXX XXXX XXXX, we have become aware that XXXX XXXX is currently involved in a pending lawsuit on another property with this same buyer. \n\n\nIm very surprised that SLS would use someone being sued for Valuation Fraud.\nWe at XXXX XXXXXXXX XXXX have come across three separate valuation fraud issues with XXXX XXXX in the last month alone. These can not possible be the only complaints against him in this state.","date_sent_to_company":"2017-09-01T21:40:46.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"92021","tags":null,"has_narrative":true,"complaint_id":"2656820","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2017-09-01T21:17:21.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Letter from Buyer regarding <em>property</em> condition 2. Contractor Bid from XXXX XXXX 3. Contractor Bid from XXXX XXXX XXXX 4. Plumbing Bid from XXXX XXXX 5. Contract or Bid from XXXX XXXX XXXX 6. Site Investigation Report -- - this was an evaluation done by an independent third party 7. XXXX XXXX County Records Search 8. Photos showing <em>damage</em> This information <em>resulted</em> in a counter offer of $ XXXX."]},"sort":[12.841142,"2656820"]},{"_index":"complaint-public-v1","_id":"7341785","_score":12.831174,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"I purchased a Solar Panel / Battery Back up System ( System ) from XXXX XXXX XXXX which was financed through Sunlight Financial. Sunlight Financial sold the financing to XXXX. The System did not work and it was determined by 9 State Attorney Generals that the marketing, selling, and installation of the System was fraudulently done by XXXX XXXX XXXX. The 9 AGs sent a letter to XXXX XXXX XXXX and Sunlight Financial that they should not collect any money til this was resolved and the systems either fixed, removed or the money refunded. \n\nIn the meantime, XXXX XXXX XXXX went bankrupt. I stopped payment on the system based on the system not working and the letter from the Attorney XXXX and XXXX XXXX XXXX not completing their work to make the system functional. XXXX placed a lien on my home. I went to court and the court agreed that the XXXX is not part of the house but is XXXX XXXX ; therefore the XXXX on the house should be essentially null and void ; however, XXXX won't remove the lien. \n\nXXXX then trespassed onto my property and had a lock installed on the System which rendered System useless ; no electricity was generated from the Solar Panels and the XXXX Back up did not store the energy for use if the power went out. This also cut all power to XXXX circuits which were identified as \" critical circuits '' including the XXXX XXXX and the Refrigerator. Thus the XXXX XXXX and my refrigerator stopped working immediately. As a direct result of this action by XXXX, my basement ended up with over XXXX ' of water and over {$110000.00} in damage to my home. \n\nAll the while XXXX claims that I still owe them {$50000.00} for the XXXX that doesn't work. I engaged an attorney and have asked XXXX to come get the XXXX. They refuse and won't address the critical issues such as the damage their actions directly caused. I am giving them one last opportunity to resolve this before filing a lawsuit against them to collect the money from the damages they caused. I am planning on getting the XXXX XXXX involved in this litigation, too, if XXXX doesn't come to their senses. I've contacted the original XXXX XXXX, Sunlight Financial, and they ignore my concerns. Several calls have given the standard answer of \" we're looking into it and have received your complaint. '' But nothing ever moves forward. Both XXXX  and XXXX XXXX say that both companies are familiar with each other and the complaint I filed.","date_sent_to_company":"2023-08-02T20:18:53.000Z","issue":"Problem when making payments","sub_product":"Installment loan","zip_code":"641XX","tags":"Older American","has_narrative":true,"complaint_id":"7341785","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Sunlight Financial LLC","date_received":"2023-08-02T20:10:07.000Z","state":"MO","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["As a direct <em>result</em> of this action by XXXX, my basement ended up with over XXXX ' of water and over {$110000.00} in <em>damage</em> to my home. \n\nAll the while XXXX claims that I still owe them {$50000.00} for the XXXX that doesn't work. I engaged an attorney and have asked XXXX to come get the XXXX. They refuse and won't address the critical issues such as the <em>damage</em> their actions directly caused."]},"sort":[12.831174,"7341785"]},{"_index":"complaint-public-v1","_id":"1570995","_score":12.740222,"_source":{"product":"Mortgage","complaint_what_happened":"Seller did not own my house at the time I signed closing documents for my FHA mortgage. \nI purchased a double wide manufactured home from a Trust XX/XX/XXXX which was initially financed by XXXX, transferred to XXXX, and them bought by XXXX for pennies on the dollar. It was understood that the house and the lot would be converted to real property and that this process could take some time. It ended up taking two years, during which time I paid both personal property taxes on the house and real-estate taxes on the lot. \nXX/XX/XXXX I discovered that theTrust was for the benefit of professional flippers who had traded the lot my house sits on for another lot they already owned. These flippers paid the owner of the lot {$2100.00} for a lien they had placed on the house for back rent. A title search conducted as part of a lawsuit for appraisal fraud I filed against XXXX with XXXX XXXX XXXX as successor in interest, my realtor and appraiser XX/XX/XXXX revealed that the flippers NEVER owned the house I purchased using an FHA insured loan. HUD regulations stipulate that a house can only be sold by the owner of record. While the trust was the owner of record for the lot, the owner of record for the house was actually XXXX XXXX, XXXX -- NOT the flippers, not the Trust nor the trustee who was named as the owner in all of my closing documents. Additionally, HUD found that the house did not qualify for the FHA loan as it does not meet HUD underwriting guidelines, as per the evidence I provided to them in a complaint I filed with them. Transfer of title of the house to me did not occur until two years after the signing of closing documents XX/XX/XXXX, and only after the State of Nevada and XXXX XXXX engaged in an investigation when the the State discovered that XXXX XXXX was holder of the title, and not the flipper who sold it to me. \nI have wrongfully paid between $ XXXX-XXXX to XXXX/XXXX XXXX on a non-existent contract as a result. \nI sent Carrington Mortgage Services, Carrington Foreclosure Services and XXXX XXXX XXXX a rescission letter demanding that all monies paid on the note to be returned to me based on the fact that the contract is void. I also requested that satisfaction of the note be recorded with the XXXX County Recorders Office and notification of payment in full sent to all of the credit reporting agencies. Carrington refused to honer my rescission based on the dismissal with prejudice of the lawsuit filed XX/XX/XXXX. My case was dismissed with prejudice because I had stated in my complaint that I did not know that I was entitled to a copy of the appraisal. XXXX XXXX XXXX was able to produce documentation with my signature stating that I did know I was entitled to the appraisal -- so my case was dismissed. \nHowever, the information regarding the fact the seller did not own the house was not know to me at the time I filed the suit and was never admitted as evidence as the information was provided to me after the suit was dismissed. The fact that my case was dismissed does not change the fact that the contract was not consummated and is null and void. \nCarrington now wishes to foreclose and sent me a notice of default after 5 1/2 years after my default and 4 years after I declared chapter XXXX BK that included my house. Allowing Carrington/XXXX to take my house is another fraudulent act that will result in unjust enrichment on their part and cause further damage to my now good credit.","date_sent_to_company":"2015-09-18T00:00:21.000Z","issue":"Settlement process and costs","sub_product":"FHA mortgage","zip_code":"89433","tags":null,"has_narrative":true,"complaint_id":"1570995","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CARRINGTON MORTGAGE SERVICES, LLC","date_received":"2015-09-18T00:00:19.000Z","state":"NV","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Allowing Carrington/XXXX to take my house is another fraudulent act that will <em>result</em> in unjust enrichment on their part and cause further <em>damage</em> to my now good credit."]},"sort":[12.740222,"1570995"]},{"_index":"complaint-public-v1","_id":"3582795","_score":12.579993,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"XX/XX/XXXX I was a victim of Fraud in which a tenant who was renting a property I own filed a FORGED DEED claiming he was the owner of the property with XXXX County. The tenant did so in order to avoid eviction after he fell months behind in rent. \nXX/XX/XXXX I filed suit against the individual who filed a Forged Deed and committed identity theft claiming ownership of my property at in XXXX Texas ( XXXX ) in the XXXX District Court of XXXX County. \nXX/XX/XXXX Multiple retained attorneys advise me and notify XXXX ( Mortgage Company ) of the pending lawsuit and forged deed. Additionally, I was advised to not make payments until the litigation was resolved as I stood a chance to lose not only the monies I had in the property but additionally any more monies I put in or paid off related to the property. \nXX/XX/XXXX Tenant moves to sell property with the FORGED DEED claiming title but XXXX XXXX who they were trying to use to close the property will not close as they find pending litigation on the property. Tenant then proceeds to find another Title company in XXXX Texas to do a remote closing a week or so later and the property is then sold by tenant to a new buyer through XXXX XXXX XXXX. Tenant falsely misrepresented to the title company that he is the owner and there is no litigation on the property ; the title company did not do their due diligence which resulted in the tenant proceeding to sign my name and use my SS # and other credentials thereby committing another case of forgery but this time an additional charge of identity theft. Proceeds of nearly $ 30,000+ were taken out and my outstanding mortgage loan on the property was paid in full by the buyer through the title company. Clean title was not given as litigation is still pending at XXXX County and set for trial in XX/XX/XXXX. The buyer was aware of this when they decided to take the risk and change to another title company after XXXX told them there was pending litigation and they would not close. \no The judgement on this case should be in my favor due to the forgery committed that allowed all of this to happen. The property title will be corrected and the last clear chain of title when I purchased the property in XXXX will be recognized as true and correct. I will then move to evict the current occupant through the sheriffs office. That individual will then have to go to the title company and move to sue the tenant who has committed all of these crimes and I am not a party to that suit or any of the other suits involving the title company, mortgage company, etc. \nXX/XX/XXXX {$13000.00} payment made to CITI through CITI website to reduce utilization down to 30 % and improve credit score 40+ points in order to secure a HELOC to borrow against 350k+ Equity in my primary residence at and use that line to eliminate remaining revolving debts. \nXX/XX/XXXX CITI reduces my credit line by {$13000.00} on that account. I cancel additional payment of {$15000.00} on another CITI account and begin to seek answer from CITI on decreased credit line on the first account and what can be done to fix this issue. \nXX/XX/XXXX I speak with supervisor a CITI ( Kentucky location ) who advises me to cancel my payment through my bank to CITI as it has not posted as he tell me he is unable to cancel it on the CITI end. He then escalates the matter and sets up a call with Presidential Department ( CITI ) to discuss keeping my line of credit open and allowing me to explain why my credit score fell ( at no fault to me ) in hopes of keeping my credit line and repairing my credit given I have had 10+ years of flawless credit history with CITI . \nXX/XX/XXXX I call and speak with another representative who confirms I have a spot to be called by the Presidential Department. I ask if there are any locations I can do in and see a banker and there are none in Texas or surrounding states. We hang up with the understanding that I will receive a call to have the option to discuss my situation. \nXX/XX/XXXX Representative from CITI Presidential Department calls and leaves a voicemail. \no I call back no answer, leave voicemail, proceed to call her 14 times and leave 2-3 voicemails over the next couple days with no call back. \nI call CITI and leave a message for them to have contact me. Citi Reference Number :  XXXX XX/XX/XXXX I receive a notification email that payment was returned unpaid. I knew this as this is what I was instructed to do by CITI employees on both XX/XX/XXXX and XX/XX/XXXX in order to discuss my options with the Presidential Department and potentially have the ability to my credit line. \nI log onto CITI website and see that something is wrong. I immediately see that both my CITI accounts have been closed. \nI contact CITI looking to speak with yet another American Supervisor as I still can not reach the Presidential Department. I speak with a gentleman with CITI in Arizona who informs me that because my account has been closed there is nothing he or I can do until I receive a letter in the mail explaining why my account was closed. He does tell me the credit line was reduced due to a credit pull but he thinks the line was closed due to the returned payment. \no Mind you the returned payment was an additional payment as I had already paid another payment earlier in the Month. I have since made another payment for {$1000.00} and {$800.00} to each of my accounts with CITI. \nXX/XX/XXXX I call and finally get a chance to speak with Presidential Department ( had been trying to reach since Monday XXXX XXXX ) and she has to notify me that I no longer can make the request to keep my line and now have to make a request to reinstate my line. Asks me to resolve my credit dispute before doing so in hopes that she can restore my line after the dispute is corrected. \no Problem : She doesnt realize the closing of my accounts maliciously and in bad taste by CITI will have more adverse effects on my credit. Likewise, the reason for doing so is due to someone fraudulently signing my name and forging documents in order to avoid eviction which had massive effects on my credit. \n\nIn short : I have a whole lot more information if CFPB would like it. \n1. My attorney sent notice of pending lawsuit to XXXX ( Mortgagor who needs to fix false reporting ) 2. XXXX Responds with Modification to loan 1. Breakdown in Modification Docs ( I have these docs for CFPB, also sent to CITI ) 3. Modification Payment made in full ( overpaid ) 4. 2nd Modification Payment made in full ( overpaid ) 5.  My attorney requested for XXXX to become party to pending lawsuit related to title on and want for declaration of property be awarded to me. This would ensure their position of securing their security note by way of my deed. Remember, we are in litigation over forgery of a deed claiming I removed my interest in the property to the tenant. \n1. Another payment was not made as XXXX as they refused to join the suit and notify the court to have the property awarded to me which would secure their own note. They said they did not have an attorney and would let the court rule accordingly. Mind you, another payment was not due as I was overpaid on payments so I was not forgoing my payments just not making additional payment. \n2. Moreover, the mortgage company reported that I made no payments in XXXX through XXXX but the transaction but not only did I make payments but I made additional payment to fully cover all three of those payments. This is the issue we are having with XXXX on top of the litigation related to the suit on proper title. \nCITI did not even give me the opportunity to discuss and has caused further damage to my credit and ability to get out of this mess. I had a plan and they have destroyed that plan through being unethical and malicious.","date_sent_to_company":"2020-03-27T18:54:43.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"3582795","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2020-03-27T18:32:33.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["Tenant falsely misrepresented to the title company that he is the owner and there is no litigation on the <em>property</em> ; the title company did not do their due diligence which <em>resulted</em> in the tenant proceeding to sign my name and <em>use</em> my SS # and other credentials thereby committing another case of forgery but this time an additional charge of identity theft."]},"sort":[12.579993,"3582795"]},{"_index":"complaint-public-v1","_id":"12985237","_score":12.510076,"_source":{"product":"Debt collection","complaint_what_happened":"CFPB COMPLAINT Complainant : XXXX XXXX Date : XX/XX/XXXX Product/Issue : Debt Collection False legal claim ; misuse of personal data Company : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX \nRepresentative Law Firm : Kovitz Shifrin & Nesbit Summary of Complaint : I am submitting this formal complaint against XXXX XXXX XXXX XXXX XXXX XXXX, a XXXX property management firm operating in Illinois, and its legal representatives Kovitz Shifrin & Nesbit , a law firm acting in the capacity of debt collectors.\n\nThe entities listed above have : Initiated a debt collection lawsuit under a fictitious name that does not match any entity with whom I have a lease or contractual relationship ; Filed a fraudulent action in court using a non-commercial instrument that was not intended or structured as a debt obligation ; Misused and potentially sold or transferred my personal financial information without consent or permissible purpose under the Fair Credit Reporting Act ( FCRA ) ; Violated multiple provisions of the Fair Debt Collection Practices Act ( FDCPA ) ; Caused severe emotional distress, reputational harm, and physical injury resulting from law enforcement actions triggered by their court filing. \n\n\nDetails of the Incident : On or about XX/XX/XXXX, Kovitz Shifrin & Nesbit, acting as counsel for XXXX XXXX XXXX XXXX as Agent for Owner XXXX XXXX, filed an eviction and debt collection lawsuit against me in the XXXX XXXX XXXX XXXX XXXX, Illinois. The problem is : The party named as Plaintiff in the court filing is not a registered legal entity in the State of Illinois or Michigan.\n\nThe lease attached to the complaint was between myself and XXXX XXXX XXXX XXXX XXXX XXXX, a completely separate corporate entity. \n\n\nBy initiating court action under a fictitious name, they misrepresented the creditor and manufactured a cause of action without legal standing or proper notice. \n\nFurthermore, the lease was never structured or signed as a commercial promissory instrument. There was no loan, no retail credit account, and no negotiable debt instrument signed. Therefore, this action falls outside of typical collection procedures and represents a fraudulent use of the civil court system for unjust enrichment. \nDespite these issues, the case proceeded in court and was scheduled for a prove-up hearing on XX/XX/XXXX. At a previous court appearance on XX/XX/XXXX, I was : Falsely arrested after asking the presiding judge to clarify jurisdictional authority since the case had already been removed to federal court under 28 U.S.C. 1443.\n\nPhysically assaulted and injured by court officers while being detained.\n\nDenied access to proper legal redress, which has caused both emotional and physical damage.\n\nViolations Alleged : 1. Violation of FDCPA ( 15 U.S.C. 1692 et seq. ) 1692e ( 2 ) ( A ) : False representation of the character, amount, or legal status of any debt.\n\n1692e ( 10 ) : Use of false representations or deceptive means to collect or attempt to collect any debt.\n\n1692f : Use of unfair or unconscionable means to collect a debt.\n\n2. Violation of FCRA ( 15 U.S.C. 1681b ) My personally identifiable information ( PII ), including financial and lease data, was used and/or transmitted to a third-party law firm for debt collection purposes without my consent, without a court judgment, and without a permissible reporting purpose.\n\n3. Violation of FTC Act ( 15 U.S.C. 45 ) Misrepresentation of business identity by using a fictitious name.\n\nEngaging in unfair or deceptive acts or practices affecting commerce.\n\nImpact on Me : The actions taken by XXXX XXXX XXXX XXXX XXXX XXXX and its attorneys have resulted in : Mental and emotional distress due to repeated threats of unlawful eviction. \n\n\nFalse arrest and public humiliation during a court hearing. \n\n\nXXXX injury caused during physical restraint by court security following the instigation of the lawsuit. \n\n\nLoss of work hours and interruption to my business operations. \n\n\nFinancial damage due to time spent filing motions, removing the case to federal court, and responding to fraudulent actions. \n\n\nOngoing reputational harm in the community and in court records. \n\n\nRelief Requested : I request that the Consumer Financial Protection Bureau : XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Kovitz Shifrin & Nesbit for repeated use of unlawful collection tactics, misrepresentation of legal status, and abuse of personal data.\n\nEnforce compliance with the Fair Debt Collection Practices Act and Fair Credit Reporting Act.\n\nIssue penalties or fines as appropriate for fraudulent misrepresentation and abuse of civil process. \n\n\nOrder the removal of all court records or data referring to XXXX XXXX XXXX XXXX as Agent for Owner XXXX XXXX as an alleged creditor. \n\n\nProvide guidance or referral for civil rights or federal civil court enforcement, should additional private litigation be required. \n\n\nStatus of Litigation : The state case was removed to federal court but is currently being challenged in the appellate courts. \n\n\nA counterclaim in the amount of {$10.00} XXXX has been filed in the original state case for damages resulting from the unlawful court action. \n\n\nA petition for leave to appeal has been filed with the Illinois Supreme Court. \n\n\nDocuments Available Upon Request : A copy of the court complaint filed under the false name ; My counterclaim and affidavit of damages ; Certified letters and written objections to jurisdiction ; Medical records showing injury following court-ordered arrest ; Lease contract with the actual corporate entity ; FOIA requests and corporate name verification proving the fictitious nature of the filed party. \n\n\nDeclaration : I declare under penalty of perjury that the facts stated in this complaint are true and correct to the best of my knowledge. I submit this complaint in good faith and respectfully request that the CFPB investigate and hold the listed parties accountable for their deceptive, harmful, and unlawful actions","date_sent_to_company":"2025-04-14T18:43:19.000Z","issue":"False statements or representation","sub_product":"I do not know","zip_code":"60462","tags":null,"has_narrative":true,"complaint_id":"12985237","timely":"No","company_response":"Untimely response","submitted_via":"Web","company":"Kovitz Shifrin Nesbit, A Professional Corporation","date_received":"2025-04-14T18:31:20.000Z","state":"IL","company_public_response":null,"sub_issue":"Impersonated attorney, law enforcement, or government official"},"highlight":{"complaint_what_happened":["Denied access to proper legal redress, which has caused both emotional and physical <em>damage</em>.\n\nViolations Alleged : 1. Violation of FDCPA ( 15 U.S.C. 1692 et seq. ) 1692e ( 2 ) ( A ) : False representation of the character, amount, or legal status of any debt.\n\n1692e ( 10 ) : <em>Use</em> of false representations or deceptive means to collect or attempt to collect any debt.\n\n1692f : <em>Use</em> of unfair or unconscionable means to collect a debt.\n\n2."]},"sort":[12.510076,"12985237"]},{"_index":"complaint-public-v1","_id":"2704286","_score":12.385147,"_source":{"product":"Mortgage","complaint_what_happened":"A Problem exists that an Assigned Sub of Trustee by a \" NON '' True party except for by fake assignments is allowing to abuse the system. No answers to any defects made of violations of laws. QLS had taken over this particular loan in XXXX '. AT this juncture of time many fake assignments, made by non compliant notaries and fake persons acting as beneficiary 's and a continued pattern set to deceive. This was a XXXX ' XXXX XXXX. Predatory and having No Performance Ability without assistance. That assistance was promised, however each Regulators lawsuits instead of gaining the results furthered the abuses. An Acceleration of the Note occurred, called the Note DUE and thereby changing the maturity date. This Debt expired in XXXX ' however XXXX XXXX XXXX decided at the end of the National Mtg Settlement to create Fake documents again file a defective NOD using twice used 4 year old affidavits unreliable and exactly same pattern from the NMS - then instead of releasing the lien under CC 882.020a that under Operation of Law there are no rights to enforce by any means. Then XXXX XXXX XXXX SOLD TO XXXX and Transferred Servicing to XXXX \nXXXX XXXX XXXX had no right to SELL, as they had represented that XXXX XXXX was the Owner.  However no link to any parties. \nXXXX interrupted stating they were \" owner '' however two attorney firms hired for \" Foreclosure '' XXXX and XXXX XXXX said NO XXXX was not telling the truth - Fake Assignments and Fraud was all over this title and the XXXX County Records. \nThese firms refused to touch this VERY FRAUDULENT FILE. \n\nHowever in XXXX XXXX ' - XXXX XXXX XXXX was found as a Foreclosure Firm acting in ANY AND all Roles had no concerns to laws. And took the file. Filed NOD - refused to communicate and continued to file 3 Postings of Sales All sent to WRONG Address ALL HIDDEN sales to which were timed with a Criminal Trespass and which caused Massive Water Damage to the Property. At the same time XXXX stated \" to assign '' Escalated Supervisors who each one disappeared claiming no longer work there. And exactly timed with XXXX XXXX efforts to attempt a foreclosure with false claims of Debt owed and deceptive practices. \n\nThis caused massive horrendous abuses. A CA State Complaint was filed. \nXXXX answered by now lied to the Regulators stating that \" They were Now Servicer '' Transferred role by XXXX XXXX XXXX and told the Regulators that XXXX XXXX XXXX stated that I failed to provide documents requested. This was also a lie as XXXX was NOT my Servicer during the prior Two years and  made no sense. \n\nEach lie created a new illegal act. Now forced to a BK which I never gave up my rights to my property. The firm hand carried fraudulent Notes and fake non compliant assignments and missing gaps. Later to be again made up fabricated by XXXX XXXX XXXX who CREATES FAKE DOCUMENTS JUST LIKE LPS DOCX AND RECONTRUST in the major NMS lawsuit. Now continues to make up FAKE PERSONS acting under dba 's and again NON Compliant Notaries refusing to follow CA law or any laws. \n\nNow XXXX somehow is no longer assigned - and QLS becomes the New Sub of Trustee self assigned by some \" Limited Power of Attorney '' by XXXX 's own staff creating legal documents. Now QLS again files a Notice of Default and fails to properly Notice Homeowner, just like XXXX did, and also uses a twice used nearly 4 year old False Affidavit ( the same one used by XXXX ) and instructs to Auction Company named XXXX to Post, Publish false claims of Debt owed, Publishing to 3rd Party XXXX ( owned by XXXX ) to publish non public information. PUBLISHED TO OVER 20,000 PERSONS VIEWING - MY FULL ACCOUNT NUMBER, FULL NAME AND PERSONAL DETAILS. Slandering my title, Slandering my reputation. Caused entire shame to my neighbors and my business relationships. Loss of use of my property from still attempting to fix and repair when XXXX stated for me to file with Claims dept however claims dept made it difficult and would NOT take the Police Report # 's and instead asked for full Police report when they do not release when open investigations. All this causing more harm and blocked from property rights.\nQLS states it was n't them that instructed XXXX to publish the personal information. However XXXX states it was them. Again this entire scheme to defraud continues. \n\nWhile this Notice of Sale is Posted at the XXXX County Records this causes another Massive Harassing situation as my \" other '' XXXX Property without any Posted Sale Date was STOLEN on XXXX/XXXX/XXXX by a Deed Theft that is also matching and mimicking the same tactics of Servicer 's and making up fake assignments, using notaries, and claiming rights by Trustee 's Deed at Auctions. Those EXACT Same location and Auctions XXXX XXXX Posting QLS and XXXX as the trustee 's. The parties are stealing now from the Servicer 's and QLS is reselling these as well. This is totally massive corrupted now. \n\nXXXX XXXX XXXX is the Attorney firm overseeing QLS however XXXX Claims that \" this Attorney '' Firm is representing them. A round circle continues. Each acts unaccountable to any applicable laws. \n\nA certified Mail was sent to QLS on the twice used defective details that are causing a violation of CA LAWS. However QLS fails to answer and instead claimed that they would \" review '' the laws however now no laws are reviewed. \n\nThis is to inform that this Sale date Threat has caused harm and needs to be looked into further. Each of the claims of ownership make no sense. No possible link exists. \n\nThe claimed requirements by the underlying Creditor claimed have been violated. \nXXXX XXXX XXXX has a memo that explains clearly however no laws are reviewed. It is my belief that NO Rights exist by QLS and that they are now aiding illegal claims by misrepresenting roles, and failing to review any laws. This is a request to REVIEW the legal Documents with \" Fresh Eyes '' to stop being biased in the response that only their client being the Alleged Servicer has made them to act. \n\nUnder all Security laws this is a scheme to defraud. That this Note is TIME BARRED. \nThat there are No Real Parties holding rights to enforce. And that only fraudulent documents are being used to aid in selling my home or threats to sell my property by strangers to strangers. I am asking that this be looked into by those parties such as QLS acting in a role that they must know is NOT valid.","date_sent_to_company":"2017-10-17T17:32:43.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"90740","tags":null,"has_narrative":true,"complaint_id":"2704286","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Quality Loan Service Corporation","date_received":"2017-10-17T16:51:18.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["That assistance was promised, however each Regulators <em>lawsuits</em> instead of gaining the <em>results</em> furthered the abuses. An Acceleration of the Note occurred, called the Note DUE and thereby changing the maturity date."]},"sort":[12.385147,"2704286"]},{"_index":"complaint-public-v1","_id":"3336225","_score":11.971856,"_source":{"product":"Debt collection","complaint_what_happened":"In XX/XX/XXXXI had Internet and Telephone service with XXXX XXXX XXXX. XXXX XXXX was intentionally throttling my bandwidth, thus slowing down my internet service, thereby rendering my internet service useless. I was unable to use the internet, nor the telephone service at all. \nI eventually complained to XXXX XXXX they told me that they do not throttle the internet speeds. Which was a lie. Because there were several lawsuits whereas they were being sued for using these same practices on other consumers in the past. However, I was being charged for, and was paying for the full use of the internet. After several months of me putting up with XXXX XXXX 's lies and their outright refusal to cease with their intentional throttling of my internet speed, I eventually submitted a complaint to the Federal Trade Commission, as well. In the end, XXXX XXXX never corrected their bad business practices and behaviors towards me, and as a result, I removed my bank account from the automatic withdrawal so that XXXX XXXX can not continue to automatically take my monthly payment of {$69.00} from my banking institution. I refused to allow XXXX XXXX to continue to steal money from me that they were not rightfully entitled to anymore because XXXX XXXX refused to provide the service to me that I was paying for. \nXXXX XXXX refused to acknowledge, at least to me, that they were throttling the internet speeds, however the testing proved otherwise. \nAfter I had informed XXXX XXXX that they would no longer be authorized to withdraw the monthly fees for service, it was at that point that they decided to send out a technician to check the cables outside of my home. According to what I was told, XXXX XXXX said that the technician located the problem. Their excuse was that they discovered that the rats ate through the line. XXXX XXXX told me that their technician stated that he cut out the damaged section of the cable and he spliced together a new section to restore my internet service. \nThis sorry excuse was nothing more than manufactured lie. As I observed the cabling in the areas where they said he repaired the cable at, they was no such repairs that were made to any wires or cables. Has a matter of fact, my property is completely fenced with a wrought iron gate. Additionally, my property has a ( 16 ) Channel 4K Network Video Recorder and if someone had approached my property I would have recorded it. There was no record of the technician on my property at the time and date according to what they had alleged. \nXXXX XXXX retaliated against me and stopped my internet service because I complained about them throttling my internet speed. \nWhen my internet service was turned off, XXXX XXXX still attempted to take my money out of my bank account, and when they were unsuccessful with withdrawing my money from my banking institution they levied that amount to my account. \n\nUnbeknownst, to me, after leaving XXXX XXXX in around XX/XX/XXXX a collection agency reported this derogatory information onto my credit report. \nI disputed the information and all ( 3 ) national credit bureaus agreed with me and the information was DELETED from my credit reports. There were a total of approximately 3 to 4 separate collection agencies that attempted to collect on this debt, but they were all disputed and the accounts were eventually DELETED from my credit reports, in the past, commencing on or about XX/XX/XXXX.\n\nIn XX/XX/XXXX I was alerted by my credit monitoring service that Diversified Consultants, Inc. had placed this previously deleted account back onto my credit profile. I was never notified by Diversified Consultants in advance, before they placed this deleted derogatory account back onto my credit profile. Additionally, this account has been resold and re-aged, to give it the appearance as though it is a new account, but it is not. A lot of the purported account information, the amount owed is inaccurate, and incorrect, in every respect thereof. \nI wrote to Diversified Consultants and sent them a USPS Certified Mail Letter and requested that they provide me with certain applicable information. Yet they have refused to provide me with the information that I requested from them thus violating the FCRA and FDCPA.","date_sent_to_company":"2019-08-10T10:47:07.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"92346","tags":null,"has_narrative":true,"complaint_id":"3336225","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Diversified Consultants, Inc.","date_received":"2019-08-10T09:02:25.000Z","state":"CA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["I was unable to <em>use</em> the internet, nor the telephone service at all. \nI eventually complained to XXXX XXXX they told me that they do not throttle the internet speeds. Which was a lie. Because there were several <em>lawsuits</em> whereas they were being sued for <em>using</em> these same practices on other consumers in the past. However, I was being charged for, and was paying for the full <em>use</em> of the internet."]},"sort":[11.971856,"3336225"]},{"_index":"complaint-public-v1","_id":"14451336","_score":11.9275,"_source":{"product":"Debt collection","complaint_what_happened":"Complaint Description : I am filing this complaint due to the continued collection and credit reporting of a disputed rental debt that has never been validated, despite multiple formal written requests and serious concerns about the legal basis and accuracy of the charges. \n\nOn XX/XX/XXXX, I submitted a formal dispute to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX regarding charges allegedly owed after I was forced to vacate my former rental unit at : XXXX XXXX XXXX XXXX Unit XXXX, XXXX XXXX XXXX CO XXXX XXXX debt stems from a XXXX Notice to Quit issued in XX/XX/XXXX based on an alleged violation of the Crime-Free Lease Addendum involving my co-tenant, XXXX XXXX XXXX, who was XXXX XXXX XXXX lease. \n\nHowever : - No formal charges were ever filed against XXXX XXXX XXXX. \n- The allegations were dropped due to lack of evidence. \n- The incident later resulted in a civil rights lawsuit against the XXXX XXXX Police Department for excessive force. \n- There was no finalized or public police report at the time the notice was issued. \n- The property XXXX never disclosed how or from whom they received the information used to justify eviction. \n- I was not involved, not charged, and not given the opportunity to respond, cure, or review any allegations. \n\nFollowing the initial dispute, I sent a second notice including a XXXX request for response. That message, addressed to the property XXXX and the XXXX XXXXhey claimed to have notified, was completely disregarded. A third and final notice was issued warning that a formal complaint would be filed with the Consumer Financial Protection Bureau if no response was received by XX/XX/XXXX. No response or documentation was ever provided. \n\nViolation of Legal Standards : Under Colorado Revised XXXX XXXX ( XXXX ) ( a ) : In any action for possession under this section, the XXXX  has the burden of proving the occurrence of a substantial violation by a preponderance of the evidence. \n\nNo such burden was met or even attempted. I specifically requested the following in my XX/XX/XXXX dispute letter : XXXX. A complete itemized statement of all charges being claimed XXXX. Vendor receipts or third-party invoices for cleaning, repairs, or replacements XXXX. A copy of the XXXX XXXX XXXX signed by me ( if applicable ) XXXX. Any police reports, incident summaries, or records used to justify the XXXX Notice XXXX. All correspondence or communication with law enforcement regarding this incident XXXX. A copy of the final account statement, including how my security deposit was applied XXXX. Documentation of any rental assistance funds accepted on my behalf XXXX. Clarification of how the alleged violation was reported, including : - Who made the report or complaint - What evidence or documentation was provided - How the claim was verified or substantiated prior to issuing the eviction notice None of this documentation was provided. \n\nI also question the validity and fairness of the alleged charges, particularly in light of the following : - I was a resident in good standing for XXXX full years - A recent annual walkthrough inspection had just been completed, with no significant issues noted - I was told I had been approved for another lease term shortly before the incident - There was no indication of any damage or lease violations during that time- The charges now being claimed appear to disregard normal wear and tear and may reflect inflated or unsupported damage claims Ongoing Collection and Reporting Activity : Despite the failure to validate the debt and the legal deficiencies in their process, the property XXXX or affiliated agencies : - Reported the debt to all three major credit bureaus - Ignored my written dispute and exceeded the XXXX deadline to respond - Caused the debt to be marked as verified by XXXX XXXX XXXX XXXX XXXXhe amount XXXX has continued to increase, without any justification or proof The collection account is inaccurately reported with a date of XX/XX/XXXX, which is over a year after the actual move-out date of XX/XX/XXXX. This discrepancy further suggests a delay in reporting and lack of validation at the time of placement or assignment to collections. \n\nThis constitutes a clear violation of both the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ).","date_sent_to_company":"2025-07-03T11:14:43.000Z","issue":"False statements or representation","sub_product":"Rental debt","zip_code":"85142","tags":"Servicemember","has_narrative":true,"complaint_id":"14451336","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis","date_received":"2025-07-03T11:01:26.000Z","state":"AZ","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["- The incident later <em>resulted</em> in a civil rights <em>lawsuit</em> against the XXXX XXXX Police Department for excessive force. \n- There was no finalized or public police report at the time the notice was issued. \n- The <em>property</em> XXXX never disclosed how or from whom they received the information <em>used</em> to justify eviction. \n- I was not involved, not charged, and not given the opportunity to respond, cure, or review any allegations."]},"sort":[11.9275,"14451336"]},{"_index":"complaint-public-v1","_id":"14740648","_score":11.411259,"_source":{"product":"Mortgage","complaint_what_happened":"This is and has been complex situation involving allegations of fraudulent activities, a specific property, a control number in the XXXX, and a wrongful foreclosure impacting our family we are XXXX XXXX XXXX and XXXX XXXX XXXX. Here 's a breakdown of what was gathered and what the potential outcomes might be : Key Players and Entities : * XXXX XXXX : President of Shellpoint Mortgage Servicing ( which is a d/b/a of Newrez LLC ). He has been recognized in the mortgage industry for his leadership.He also worked for XXXX XXXX XXXX XXXX and XXXX a real point of interest and the source of mortgage issues.XXXX XXXX is now the President of Shellpoint Mortgage Servicing and other Companies that are resounding of His Tracks... \n* Shellpoint Mortgage Servicing ( Newrez LLC ) : A major mortgage servicing company. Public information and various complaints indicate that Shellpoint/Newrez has been involved in numerous lawsuits and complaints related to servicing practices, including issues with communication, handling of payments, loan modifications, and foreclosures. \n* XXXX XXXX XXXX XXXX and XXXX  : While we know that XXXX XXXX is \" involved '' with them, the provided search results took a deeper research to directly link him to fraudulent activities with XXXX XXXX XXXX XXXX and XXXX. Shellpoint/Newrez is owned by XXXX XXXX XXXX an asset manager, which also might be the connection to \" assets and holding '' in a broader sense. \n* We are XXXX XXXX XXXX and XXXX XXXX XXXX : The individuals whose home was wrongfully foreclosed on XX/XX/2025. \nSpecific Allegations and Information : * Fraudulent activities surrounding XXXX XXXX XXXX XXXX XXXX  XXXX : This is a specific property address central to the fraudulent activities. \n* Control number XXXX sold in XXXX XXXX XXXX XXXX : This suggests an international element to the fraud, involving asset transfers or financial instruments in the XXXX. The mention of \" Security Exchange Office '' ( is referring to the U.S. Securities and Exchange Commission - SEC, or potentially a similar body in the XXXX ) implies that these activities have involved financial securities or markets. \nPotential Outcomes and How it has Affected us XXXX XXXX XXXX and XXXX XXXX XXXX : Given the information, that we have received here 's what could happen : * Investigation by Regulatory Bodies : * Securities and Exchange ( already involved ) Commission ( SEC ) : The transfer of \" indeph research '' to the SEC indicates that the fraudulent activities might involve securities fraud, misrepresentation of assets, or other violations related to financial markets. The SEC investigates public companies and individuals involved in financial markets for potential wrongdoing. \n* While using the Consumer Financial Protection Bureau ( CFPB ) : Shellpoint Mortgage Servicing has a history of complaints filed with the CFPB regarding servicing practices. The CFPB could and should investigate the wrongful foreclosure and related issues. \n* State Regulators : State attorney generals and banking/securities departments ( like the XXXX  Securities Department or XXXX  Division of Financial Institutions mentioned in search results ) we now know have oversight over mortgage servicers and can pursue actions for consumer protection violations. \n* Law Enforcement : If criminal activity is found ( e.g., outright fraud, money laundering ), federal or state law enforcement agencies ( like the FBI ) could also become involved. \n* Legal Actions : * Class-Action Lawsuits : We now know that Shellpoint/Newrez has been involved in class-action lawsuits regarding violations of consumer protection acts ( e.g., Fair Debt Collection Practices Act, XXXX  Consumer Fraud and Deceptive Business Practices Act ). If the fraudulent activities and wrongful foreclosure affect a broader group of people, a class-action lawsuit is possible.\n\n* Individual Lawsuits : We the People XXXX XXXX XXXX and XXXX XXXX XXXX are in the process of filing our own lawsuit against XXXX  XXXX XXXX and Shellpoint Mortgage Servicing and potentially other involved parties ( including individuals like XXXX XXXX if direct involvement in the alleged fraud can be proven ) for wrongful foreclosure, fraud, and other damages. There are precedents for individuals suing Shellpoint for wrongful foreclosure and other malpractices. \n* Damages and Restitution : If the investigation and subsequent legal actions confirm wrongful foreclosure and fraudulent activities then we, XXXX XXXX XXXX and XXXX XXXX XXXX could be awarded various forms of relief, including : * Reversal of Foreclosure : The court could order the reversal of the foreclosure, returning ownership of the property to the US. \n* Monetary Damages : This will include compensation for lost equity, emotional distress, legal fees, and any other financial harm caused by the wrongful foreclosure and fraudulent activity. \n* Punitive Damages : In cases of egregious misconduct, punitive damages might be awarded to punish the wrongdoers and deter similar actions in the future. \n* Impact on XXXX XXXX and Shellpoint/Newrez : * Reputational Damage : Investigations and confirmed fraudulent activities would severely damage the reputation of Shellpoint/Newrez and its leadership , including XXXX XXXX. \n* Fines and Penalties : Regulatory bodies can impose substantial fines.\n\n* Operational Changes : Shellpoint/Newrez might be compelled to implement significant changes to their servicing practices to comply with regulations and prevent future misconduct. \n* Legal Consequences for Individuals : If XXXX XXXX is found to have direct involvement in fraudulent activities, he could face personal legal consequences, including civil penalties and potentially criminal charges depending on the severity and nature of the fraud. There is a prior civil case already mentioned ( Tameka Renee Crosland v. Baron Silverstein et al ) that alleged \" Other Fraud '' and \" Wrong Foreclosure, '' although that specific case was dismissed for lack of subject matter jurisdiction in federal court, it indicates a history of such allegations. \nComplications : * Complexity of Financial Transactions : The involvement of a control number in the XXXX and XXXX XXXX XXXX suggests complex financial arrangements that can be difficult to untangle but we have irrefutable evidence. \n* Burden of Proof : We The People XXXX XXXX XXXX and XXXX XXXX XXXX and any prosecuting bodies would have gathered substantial evidence to prove the alleged fraud and wrongful foreclosure. \n* Lengthy Process : Investigations and legal battles involving large corporations can be very lengthy, taking years to resolve. \nFor us XXXX XXXX XXXX and XXXX XXXX XXXX : Given the \" wrongful foreclosure '' claim, it is crucial for us to : * Seek Legal Counsel Immediately : Inwhich we have an experienced attorney specializing in real estate law, foreclosure defense, and potentially financial fraud. This is paramount to protect their rights and navigate the complex legal landscape. \n* We have Gathered All Documentation : We have compile every document related to our mortgage, payments, communications With XXXX  XXXX XXXX Shellpoint, the foreclosure process, and any information they have regarding the fraudulent activities. \n* Cooperate with Investigations : If contacted by the SEC or other regulatory bodies, they should cooperate fully, providing accurate information and documentation as advised by their attorney. \nIn summary, Our situation is indeed very complicated. The outcome will depend on the findings of the investigations, the strength of the evidence, and the legal strategies employed by all parties. For XXXX XXXX XXXX and XXXX XXXX XXXX, our best course of action is to secure skilled legal representation to pursue all available avenues for relief and justice. \nIn God We Trust Psalm 121","date_sent_to_company":"2025-07-18T19:17:15.000Z","issue":"Struggling to pay mortgage","sub_product":"VA mortgage","zip_code":"302XX","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"14740648","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2025-07-18T18:17:20.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["* Legal Actions : * Class-Action <em>Lawsuits</em> : We now know that Shellpoint/Newrez has been involved in class-action <em>lawsuits</em> regarding violations of consumer protection acts ( e.g., Fair Debt Collection Practices Act, XXXX  Consumer Fraud and Deceptive Business Practices Act ). If the fraudulent activities and wrongful foreclosure affect a broader group of people, a class-action <em>lawsuit</em> is possible."]},"sort":[11.411259,"14740648"]},{"_index":"complaint-public-v1","_id":"7107710","_score":10.800486,"_source":{"product":"Mortgage","complaint_what_happened":"Shellpoint Mortgage Servicing has scheduled an illegal, fraudulent, and willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust of my property for XX/XX/XXXX, although I have not defaulted on my legal obligations. The servicer is the party in default and lacks the authority to invoke the power of sale. \n\nA mortgage loan is a contract with mutual obligations. The duty created by the DOT to make monthly payments is constructively conditioned on the creditor 's duty to accept and not hinder payments. The servicer actively prevented performance by violating the contract as per the FTC by overcharges not refunded, inducing skipped payments with false promises of improved loan terms, and refusing tender of the amount due. I was wrongly placed in default and the lack of authority to modify was concealed from me for two years. Their material failure to perform prevented the condition of my performance from becoming due as the constructive condition of exchange was not met. \n\nThe servicer 's actions placed them in breach and their debt collection activities violate the FDCPA. \n\nFALSE OR MISLEADING REPRESENTATIONS A debt collector is prohibited under state and federal consumer law from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. \n\n15 U.S.C. 1692e ( 2 ) ( A ) specifically prohibits the false representations of the character, amount, or legal status of any debt.\n\n15 U.S.C. 1692e ( 10 ), prohibits using false representations or deceptive means to collect or attempt to collect any debt. \n\nShellpoint Mortgage Servicing has filed a document in XXXX XXXX records characterized as a notice of sale ( NOS ) which contains numerous misrepresentations in connection with attempting to collect a debt. \n\nThe NOS represents by implication that they have complied with their legal and contractual obligations and are acting within the scope of their authority under the DOT and civil code. The NOS expressly represents that I have defaulted on my legal obligations.\n\nThese representations are false. The servicer has materially failed to perform and lacks the authority to file an NOS under the DOT or California law. The recorded document is instead a debt collection notice and subject to the FDCPA.\n\nThe NOS misrepresents the debt as a figure inflated by interest, charges, and fees not authorized by the loan contract or by Applicable Law and thus in violation of 15 U.S.C. 1692c ( 2 ) ( A ) which prohibits, \" The false representation of the character, amount, or legal status of any debt. '' The representations set forth in NOS are false or misleading and constitute a deceptive act or practice. \n\nUNFAIR PRACTICES A debt collector is prohibited under state and federal consumer law from engaging in any unfair act or practice in connection with the collection of a debt. \n\nThe servicer 's failure to perform defeated the purpose of the contract : the repayment of the borrowed funds. I was deprived of my reasonably expected benefits and caused substantial financial injury. Instead of applying my funds to decrease the loan balance those funds had to be used to prevent a wrongful foreclosure and the cost far exceeds monthly payments. Meanwhile, the servicer has increased the debt with high interest, charges and fees not authorized by the DOT or Applicable Law.\n\nThe amount demanded by the debt collection notice is in dispute, unsubstantiated, and in violation of 15 U.S.C. 1692f which prohibits, \" The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. '' Please see attached dispute of debt letter. \n\nIt is unfair for a debt collector to frustrate the purpose of the contract by actively preventing a borrower from making payments. \n\nIt's unfair for a debt collector to use fraudulent means to interfere with a borrower 's performance and use that to inflate the debt. \n\nThis conduct has caused and will continue to cause substantial injury. Because of the imbalance of power, substantial injury can't be avoided. \n\nIn my efforts to resolve this with the servicer, I've provided sworn testimony to their breach and the consequent financial injury. The cost of preventing a wrongful foreclosure has far exceeded the total payments their breach prevented. Meanwhile, charges, fees, and interest inflated the loan balance by {$200000.00} over than it would have been if they'd performed. This is an amount to which they are not entitled and is in dispute. \n\n\" If XXXX XXXX wrongfully placed XXXX 's loan in foreclosure, as XXXX alleges, then it had no right to demand payment of additional fees and interest to reinstate the loan. XXXX XXXX could not take advantage of its own wrong. ( Civ. Code, 3517. ) '' Ragland v. US Bank National Assn., 209 Cal. App. 4th 182, 147 Cal. Rptr. 3d 41 ( Ct. App. 2012 ). \n\nIn order for contract performance to resume it was necessary for the servicer to cure their material failure to perform by removing those amounts not authorized by the loan contract or Applicable Law to which they are not entitled. But they refused and instead offered a modification that included those amounts upon which they would earn interest on their own wrongdoing. It was a take-it-of-leave-it offer with the implicit threat of foreclosure. \n\nIt's unfair for a debt collector to use their superior bargaining power to try to increase their profit by causing financial injury to a consumer. They are leveraging the disparity of bargaining power and trying to avoid their own liability for contract damages. \n\nWhen the servicer refused to cure their material failure to perform that constituted a total breach of contract, see Restatement Second of Contracts 241. When they instead offered the modification that constituted a repudiation under 253 as a refusal to perform. Individually or together this resulted in a failure of consideration.\n\nHARASSMENT AND ABUSE A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse. \n\n15 U.S.C. 1692e ( 5 ) specifically prohibits the threat to take any action that can not legally be taken or that is not intended to be taken.\n\nThe servicer is threatening to take nonjudicial action to effect the dispossession of property when there is no present right to the possession of the property claimed as collateral through an enforceable security interest in violation of 15 U.S.C. 1692f ( 6 ) ( A ). \n\nThe servicer lacks the authority to foreclose under the DOT because their willful failure to perform and refusal to cure has resulted in a failure of consideration. While the debt still exists there is no longer an enforceable security interest. \n\nThey are now using the threat of a foreclosure sale as leverage to avoid their own liability for contract damages and to intimidate. Instead of negotiating fairly, the threat is being used so that I will agree to let them benefit from their own wrongdoing at my expense. \n\nThey are abusing their position with the power to affect my material interests and using the power of sale in an unlawful and coercive manner to extract money from a consumer. \n\nThe NOS demands payment of an unsubstantiated debt, an amount in dispute and far above the actual debt. If that amount is not paid by XX/XX/XXXX they threaten to sell my home. While this can't be done lawfully and even though they must be aware that following through would result in a wrongful foreclosure lawsuit it is still a viable threat and a formidable means of persuasion. \n\nThe servicer is weaponizing the power of sale to use in erroneous debt collection. The method employed is similar to one used by XXXX organizations : the mock execution. The victim is told of their impending death but at the last moment, the execution is canceled. The anticipation of pain and loss is effective in intimidation and subjugation. It is considered psychological torture it causes feelings of terror, grief, fright, and despair and is widely condemned by civilized nations and XXXX XXXX. \n\nSimilarly, the servicer schedules a sale of my home of 33 years and then cancels just hours or even minutes beforehand. This is deliberate conduct intended to inflict pain. The servicer has subjected me to this barbaric coercion a couple of dozen times. It is intended to cause psychological trauma, its natural consequence is to harass, oppress, and abuse in connection with the collection of a debt. Its foreseeable consequence given the severity, frequency, and repetition is psychological harm, foreseeably it may cause physical damage as well. It is also possible for the damage to be permanent. The severe stress induced by this unlawful practice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. This is painful, has limited my mobility and is worsening. The servicer is aware of the injury caused by their wrongful debt collection practices but persists. \n\nThey are threatening to do something they can not legally do and that will cause me irreparable harm unless I give them money to which they are not entitled. It is attempted extortion. \n\nThe non-judicial foreclosure system is intended to be a means of facilitating the transfer of title for delinquent borrowers. It is not intended to be used to inflict psychological torment on consumers in wrongful debt collection. For federally regulated entities to employ these terrorist-style tactics in debt collection is outrageous. \n\nIt is abusive for a debt collector to use deceptive, unfair, and unlawful means to cause a consumer financial, emotional, and physical injury in connection with the collection of a debt. \n\nThey are leveraging these circumstances to take unreasonable advantage of the unequal bargaining power and my inability to adequately protect my interests. This constitutes abusive conduct under Consumer Financial Protection Bureau, Policy Statement on Abusive Acts or Practices XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIt is impossible to fulfill a mortgage loan contract if the servicer chooses to withhold their cooperation. Unfortunately, failing to cooperate can be very profitable with a high-interest rate loan and equity in a desirable location. It's easily done, borrowers rarely fight back and there are no consequences. \n\nThe utility of a bilateral contract is that both parties perform to avoid the loss of the expected benefit. This balance is lost altogether if the stronger party benefits even more from non-performance and this places consumers at risk.","date_sent_to_company":"2023-06-12T06:54:11.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"954XX","tags":"Older American","has_narrative":true,"complaint_id":"7107710","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2023-06-12T06:32:55.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["While this can't be done lawfully and even though they must be aware that following through would <em>result</em> in a wrongful foreclosure <em>lawsuit</em> it is still a viable threat and a formidable means of persuasion. \n\nThe servicer is weaponizing the power of sale to <em>use</em> in erroneous debt collection. The method employed is similar to one <em>used</em> by XXXX organizations : the mock execution. The victim is told of their impending death but at the last moment, the execution is canceled."]},"sort":[10.800486,"7107710"]},{"_index":"complaint-public-v1","_id":"5040141","_score":10.720451,"_source":{"product":"Debt collection","complaint_what_happened":"Recently, I had the misfortune of finding that a group of Debt Collectors obtained a lawsuit against me without ever properly serving me. Not only was there not proper service, the misrepresentation of whom they are, what they can do, what actions they can truly take has been grossly inflated to try and strike fear in Consumers. \n\nThey have falsely put dollar figures in that do not apply to me. There is no clear chain of representation of companies that have had this debt or the original creditor. \n\nWe are also a Military family and them not taking proper methods to serve legal papers, deceptively file with the Civil Court and blatantly take action they can not legally take is beyond harassment and abuse. They are Junk Collectors using brut tactics. \n\nThe simple fact that in their own Summons, represent that they are Attorneys with one set of NY DCA license numbers and then on the Complaint page present as DEBT COLLECTORS with different NYC DCA License numbers. \n\n806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. \n\n( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. \n( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. \n\n807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. \n\n( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. \n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. \n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. \n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. \n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. \n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. \n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. \n\n807 15 USC 1692e ( 13 ) The false representation or implication that documents are legal process. \n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. \n\n808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property; or ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such 809 15 USC 1692g verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. \n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. \n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ) 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. \n\n813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. \nOn a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. \n\n( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional Intimidation on this level, threats of this magnitude should not be acceptable. They managed to violate every section I listed above by trying to get a judgement for a debt that they have not proven I owe, that the person who filed is actually able to do so and operating using a license on their court papers that is NOT covered.. There is no proof of service and they need to be held accountable for their actions.","date_sent_to_company":"2021-12-24T22:57:12.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"11209","tags":null,"has_narrative":true,"complaint_id":"5040141","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2021-12-24T21:03:03.000Z","state":"NY","company_public_response":null,"sub_issue":"Sued you without properly notifying you of lawsuit"},"highlight":{"complaint_what_happened":["Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The <em>use</em> or threat of <em>use</em> of violence or other criminal means to harm the physical person, reputation, or <em>property</em> of any person."],"sub_issue":["Sued you without properly notifying you of <em>lawsuit</em>"]},"sort":[10.720451,"5040141"]},{"_index":"complaint-public-v1","_id":"10651050","_score":10.715066,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On XX/XX/XXXX I was involved in a motor vehicle accident resulting in a death of a motorcyclist. I was at a stop sign attempting to make a left hand turn when the motorcyclist t-boned me resulting in death. The XXXX  XXXX police department and investigating officer determined the motorcyclist was speeding and reckless driving. The deceased members family hired an attorney which USAA did not inform me of, and USAA paid the deceased members family liability in XXXX of XXXX. When I spoke to USAA they said they could not talk to me because I hired an attorney however I did not hire an attorney until XX/XX/XXXX of XXXX, once the detective told me I was not at fault. USAA did not inform and or provide me with an attorney nor did USAA inform me of a liability decision. USAA, with prejudice found me at 51 % liable and the motorcyclist at 49 % liable. When asked what determined the liability I was told by USAA that it was to protect me from getting sued with a wrongful death case. I paid for an accident reconstruction which determined if the motorcyclist was not speeding the accident would not have happened, therefore putting all of the liability on the motorcyclist. USAA determined liability before the police investigation was completed and or the police report was released and the accident reconstruction was accomplished. USAA failure to provide a liability insurer with notice of claim before settlement. It was the insurer 's responsibility to defend against third party claims. Duty to indemnify triggered before fault determined, duty to defend was triggered by mere allegation of fault. USAA voluntarily found liability against me, paying monies to avoid suit. USAA acting in bad faith in regards to XXXX ) resorting to abuse or intimidation ( I had to ask for an adjuster/claims supervisor early on after submitting my initial claim due to lack of empathy and harassment by the adjuster wanting status and evidence of the accident -- vehicle and investigation was under police impound pending the completion of the investigation. XXXX ) Sending confusing or incorrect documents with changed deductibles and waiting periods ( Initially, stating my vehicle was repairable by an adjuster, once I had access to the impound yard and submitted photos it was then deemed a total loss ) XXXX ) Lowball Offers : Offering to settle a claim for an amount significantly less than what is reasonably owed. ( Regarding Property damage & total loss vehicle claim -- I had to hire my own personal appraiser in order to receive the appropriate & total value for my vehicle ). 4 ) Lack of Communication : Failing to communicate adequately or timely with a policyholder about the status of their claim./Failing to notify the insured of any information needed for the investigation and why it is necessary/failing to communicate with the policyholder 5 ) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made. 6 ) Insurer fails to properly or promptly defend a claim in remedy of a situation where the insured is exposed to an excess judgment. XXXX ) Conducting a superficial or incomplete evaluation of the situation/failing to properly investigate claims. Insurers must promptly and fully investigate claims. ( C.R.S XXXX ( XXXX ) ( h ) ( XXXX ) ) XXXX ) refusing to defend a policyholder against a lawsuit/Failure to Defend Despite Coverage/Insurer obligated to defend in legal actions. ( C.R.S XXXX ( XXXX ) ( h ) ( VI ) ) /Insurer must defend and pay defense costs, even if only part of the lawsuit is covered. XXXX ) Without the policyholders knowledge or consent to settle claims./Making claims payments without providing a statement of the coverage under which the payments are made. Additionally, Research has noted XXXX Colorado Revision Statues that were not applied in this case : XXXX ) Evidence must substantiate that both parties are at fault before comparative negligence rule is used. Comparative negligence rules are applicable only where there is evidence presented which would substantiate a finding that both parties are at fault, and the inability to prove any negligence on the part of plaintiff eliminates the operation of the rule. XXXX v. XXXX of XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ). XXXX ) Contributory negligence principles apply to the recipient of a negligent misrepresentation. XXXX XXXX XXXX XXXX Fed. XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). XXXX ) Violation of statute is negligence as matter of law.The violation of a statute or ordinance regulating the use of roadways, proximately resulting in injury to one for whom the statute was designed to protect, is negligence as a matter of law. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ).","date_sent_to_company":"2024-11-02T06:35:56.000Z","issue":"Problem with a company's investigation into an existing issue","sub_product":"Other personal consumer report","zip_code":"377XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10651050","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"UNITED SERVICES AUTOMOBILE ASSOCIATION","date_received":"2024-11-02T06:26:44.000Z","state":"TN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Was not notified of investigation status or results"},"highlight":{"complaint_what_happened":["XXXX ) Violation of statute is negligence as matter of law.The violation of a statute or ordinance regulating the <em>use</em> of roadways, proximately <em>resulting</em> in injury to one for whom the statute was designed to protect, is negligence as a matter of law. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX )."]},"sort":[10.715066,"10651050"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":103,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":103}]}},"product":{"doc_count":103,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":34,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":33},{"key":"Other personal consumer report","doc_count":1}]}},{"key":"Debt collection","doc_count":23,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Auto debt","doc_count":6},{"key":"Other debt","doc_count":6},{"key":"Credit card debt","doc_count":5},{"key":"I do not know","doc_count":2},{"key":"Mortgage 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