Aldridge Pite, LLP

2019-11-29

Soquel, CA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Complaint: The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX XXXX XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX XXXX, XXXX XXXX XXXX and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$370000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the " borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged " Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s ) follows : FROM : XXXX XXXX XXXX, a living man XXXX XXXX XXXX XXXX XXXX, CA. XXXX XX/XX/XXXX XXXX XXXX, President CEO, XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, PA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX CLEAR RECON CORP. , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, AZ XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 XX/XX/XXXX AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 " Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. " ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective XX/XX/XXXX. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. " Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, _________________________ XXXX XXXX XXXX XXXX Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERA, XXXX XXXX, Attorney General, XXXX. XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-11-22

Bremen, GA

False statements or representation

Debt collection: Credit card debt

Impersonated attorney, law enforcement, or government official
Company Response: In progress

Timely Response

2019-11-19

Oxford, GA

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-11-18

Atl, GA

Took or threatened to take negative or legal action

Debt collection: I do not know

Sued you without properly notifying you of lawsuit
Company Response: Closed with explanation

Timely Response

2019-10-12

Greenwood, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I have received a loan modification packet from XXXX XXXX XXXX XXXX and have submitted all documentation they have requested to them fax. Im in review but my foreclosure sale date is still showing online as active on XX/XX/XXXX. Im scared and do not know what to expect from the company. Im working with them but do not know if they are willing to do the same and follow the California Homeowners Bill of Rights Act. As part of this bailout, on XX/XX/XXXX, the United States Government took over Fannie Mae and pumped billions, which in XX/XX/XXXX, then Treasury Secretary XXXX XXXX said as much as {$200.00} billion would be pumped into XXXX XXXX and XXXX XXXX, each, which was separate from the {$700.00} in TARP funds given out to other lenders. 1. The guidelines issued by the United States Treasury set forth a detailed process whereby a participating servicer, either action or not acting through its subsidiary, must : a. identify loans that are subject to modification under the HAMP program, both through its own review and in response to requests for modification from individual homeowners ; b. collect financial and other personal information from the homeowners to evaluate whether the homeowner is eligible for a loan modification under HAMP ; c. institute a modified loan with a reduced payment amount as per a mandated formula, that is effective for a three-month trial period for borrowers that are eligible for a modification ; and d. provide a permanently modified loan to those homeowners who comply with the requirements during the trial period. Whether the homeowner qualifies for a modification or not, participating servicers are also required to provide written notices to every mortgage borrower that has been evaluated for a loan modification, whether or not the borrower has been found eligible. HAMP and its associated directives also set prohibitions against certain conduct including demanding upfront payments in order to be evaluated for a loan modification, instituting or continuing foreclosures while a borrower is being evaluated for a loan modification, assigning a single point of contact, maintaining an adequate level communication with borrowers, maintaining proper caseload to ensure HAMP objections are met, and restrictions on the way a servicer may report the borrower to credit reporting agencies. All servicers have systematically failed to comply with the terms of the HAMP directives and has regularly and repeatedly violated several of its prohibitions. Now that HAMP is over and expired due to servicers prolonging these modifications they are now proceeding with other alternatives. Under HAMP, the federal government incentivizes participating servicers to make adjustments to existing mortgage obligations in order to make the monthly payments more affordable. Servicers receive at least {$1000.00} for each HAMP modification. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by the servicer. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer such as XXXX XXXX XXXX XXXX, XXXX to avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by Service companies because Service companies do not carry a significant risk of loss in the event of foreclosure. California Business and Professions Code 17200 et seq., also known as the California Unfair Competition Law ( UCL ), prohibits acts of unfair competition, including any unlawful, unfair, or deceptive business act or practice as well as unfair, deceptive, untrue or misleading advertising. XXXX XXXX XXXX XXXX, XXXX and all other previous servicers and their Investors conduct was unlawful in that : They illegally began and prosecuted the non-judicial foreclosure based on the lien to the 1st Deed of Trust, despite i was not in breach of payments on said lien ; They engaged in the uniform practice of requesting unnecessary documentation, seeking repetitive submissions of the same documents, and never rendering a decision, and in doing so, such activity provides the basis for an unfair inquiry and could deceive the public because it places burdensome requirements on me that served no purpose but to provide a basis for either engaging in Dual Tracking by selling my home and by denying loss mitigation options, such as loan modifications ; They failed to properly consider loan modification applications before trying to sell my home. 1. On information and belief, XXXX XXXX XXXX XXXX, XXXX does not own a significant majority of the loans on which it functions as servicer. 2. Economic Factors that discourage XXXX XXXX XXXX XXXX, XXXX from meeting its obligations under HAMP by facilitating loan modifications include the following : a. XXXX XXXX XXXX XXXX, XXXX may be required to repurchase loans from the investor in order to permanently modify the loan. This presents a substantial cost and loss of revenue that can be avoided by keeping the loan in a state of temporary modification or lingering default. b. The monthly service fee that XXXX XXXX XXXX XXXX, XXXX, as the servicer, collects as to each loan it services in a pool of loans, is calculated as a fixed percentage of the unpaid principal balance of the loans in the pool. Consequently, the modifying of a loan to reduce the principal balance results in a lower monthly fee to the servicer. c. Fees that XXXX XXXX XXXX XXXX, XXXX charges borrowers that are in default constitute a significant source of revenue to it. Aside from income XXXX XXXX XXXX XXXX, XXXX directly receives, late fees and process management fees are often added to the principal loan amount thereby increasing the unpaid balance in a pool of loans and increasing the amount of the servicers monthly service fee. d. Entering into a permanent modification will often delay a servicers ability to recover advances it is required to make to investors of the unpaid principal and interest payment of a non-performing loan. The servicers right to recover expenses from an investor in a loan modification, rather than a foreclosure, is often less clear and less generous. e. Fixed overhead costs involved in successfully performing loan modifications involve up-front costs to the servicer for additional staffing, physical infrastructure, and expenses such as property valuation, credit reports and financing costs. 3. Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, XXXX XXXX XXXX XXXX, XXXX has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States. XXXX XXXX XXXX XXXX, XXXX delay and obstruction tactics have taken various forms with the common result that my loan serviced by XXXX XXXX XXXX XXXX XXXX XXXX, in which im eligible for permanent loan modifications, and have met the requirements for participation in HAMP, have not received permanent loan modifications to which iam entitled. 4. By failing to comply with the California Homeowner Bill of Rights ; specifically, by engaging in the unlawful practice of Dual Tracking, XXXX XXXX XXXX XXXX, XXXX has left me in a state of despair and panic as I seek a loan modification from XXXX XXXX XXXX XXXX, XXXX, only to have my home wrongfully, oppressively and illegally sold out from under my feet. Here is some information from previous servicers and what has happened. I received a loan modification package from XXXX XXXX with a proposal trial period payment for 3 months in the amount of {$3600.00} which is around {$1700.00} over the amount i used to pay before to XXXX XXXX XXXX. My payment was {$1900.00}. How can i afford to pay more then what i couldn't pay before in the first place? I have spoken to a lot of my close friends who were in the same situation as me and around the same loan amount and property size, they have received a very good loan modification of around {$980.00} a month, another friend received a loan modification in the amount of {$660.00} a month. How can this be that they are receiving loan modifications to help them stay and pay for their home while i can not even get a close amount to my old payment of {$1900.00}? Please help me as this is getting out of hand and Im worried for my family and losing my home to this banking scam. It seems to me that they are just transferring loans to get away from giving out a loan modification. I have sent XXXX XXXX XXXX XXXX my full Request for Mortgage Assistance package and they have received it with no error. I called them asking if there is anything else needed and what the status was, XXXX representative replied that they do not need anything else and that the loan modification is under review. But while in review I still show that the sale is scheduled and coming up on XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-09-04

Bremen, GA

False statements or representation

Debt collection: Credit card debt

Attempted to collect wrong amount
Company Response: Closed with explanation

Timely Response

2019-08-29

Memphis, TN

Written notification about debt

Debt collection: Mortgage debt

Didn't receive notice of right to dispute
Complaint: Law firm sent me a notice of property foreclosure sale for my 2nd mortgage. I have not received notice of the debt or notice to validate the debt. There is a property foreclosure sale date set for XX/XX/2109 for my property. I also did not receive a 30 day notice by mail per the Tennessee state law. Letter is dated XX/XX/2019 but I did not receive the letter until XX/XX/2019. They are trying to foreclose on my first mortgage and I'm current with my first mortgage with a different mortgage servicer. 2nd mortgage is the delinquent mortgage, instrument number in the letter is for my 1st mortgage and not my second mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-08-22

Santa Monica, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Since the beginning of 2019, the attorneys at Aldridge Pite have withheld a detailed accounting of the fees and charges that have been added to my mortgage loan which originated with XXXX and was transferred to XXXX without me being notified. Moreover, XXXX is suing me in Florida 's XXXX CountyXXXX Judicial Court, Case No. XXXX and Aldridge Pite represents them in that action. For the past 4 months my attorneys and I have asked for a detailed accounting of all the charges the two banks and the law firm have assigned to my loan. To date XXXX, XXXX and its attorneys have failed to provide this information which I am entitled to under the law. I have written countless emails disputing the payoffs amount they have sent to a third party. However, their lawyers will not release the details of the charges added to my mortgage loan. Finally, XXXX, XXXX and its attorneys released my loan information to a third party ; this was done without a written authorization signed by me allowing them to publish and share this information with the third party. While willing to share this information with a 3rd party they have failed to provide me with a detailed accounting of all the charges and fees they have added to my mortgage loan. Moreover, the attorneys at Aldridge Pite claim that an email that I sent which was not a release for information, was sufficient for them to give me loan information to a 3rd party and I dispute that claim. In short, XXXX, XXXX and Aldridge Pite have engaged in deceitful, unscrupulous and unlawful conduct regarding my mortgage loan and I am requesting that your bureau investigate and censure them.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-08-11

Corning, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My mortgage company hired their own substitute trustees who effectively helped them steal my house! And I believe they breached their fiduciary duty by failing to act in a fair manner! They not only didn't do their own research to even see if the bank actually held the loan on my house which I don't believe they did or that maybe it was paid off when the original borrower died, but they followed suitin not talking to me at all about anything and treated me as if I had stole the property when I deeded it to myself to get all the deceased people 's off it. Then they refused to let the program " Keep Your Home California '' pay them off and wouldn't issue the surplus money to me saying they would spend every last dime of it if they needed to find my companions son, and only if he didn't want it would I even have a chance. Then they straight up treated me as if I stole the property when I needed itto myself in an attempt to drop all the deceased people and get them to talk to me. Ultimately the funds were deposited with the courts for them to distribute after they had taken as much as they possibly could leaving me to patition the courts over 8 months later for it. And my question is why did they treat this whole thing like it was personal and why did they treat me so unbelievably cruel?
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-07-28

Atlanta, GA

Took or threatened to take negative or legal action

Debt collection: Credit card debt

Threatened to sue you for very old debt
Complaint: While attending XXXX XXXX University in XXXX, GA as a XXXX in 1998, I applied for and received a XXXX XXXX credit card. After paying for some years, I was unable to keep up with my payments and my account went into default. XXXX XXXX referred my account to a collection company. Now, after more than 21 years, Aldrich Pite Haan LLP is trying to garnish my wages. They are requesting that I pay {$600.00} a month. I am unable to pay that as after paying my living expenses, I must help my elderly father ( XXXX years old ) who has XXXX XXXX. I have been told that the statues of limitations have run out. I would appreciate any help you can provide me with. Please advise me of my options. Thanking you in advance.
Company Response: Closed with explanation

Timely Response

2019-07-24

Oxford, GA

Took or threatened to take negative or legal action

Debt collection: Credit card debt

Threatened to arrest you or take you to jail if you do not pay
Complaint: Re : XXXX XXXX Credit Card Account with XXXX XXXX This CC was current until a financial hardship came about in XX/XX/XXXX. Began working part-time XX/XX/XXXX and paid here and there amounts but not enough income to continue paying minimum due to keep card current. At this time the debt incurred was approximately {$1800.00} give and take a few dollars. I contacted XXXX XXXX to inform them of the hardship and that I was not able to pay. They continued to hound me but still could not pay. The account was closed but XXXX continued to add on fees after I informed them that I was trying to catch up. Now XXXX has sold the account to a collection agency named XXXX XXXX XXXX XXXX. This company legal team named Aldridge PIte Haan LLP are suing me for an amount of {$3200.00} by way of the local XXXX County, Georgia magistrate court. I have answered once as XX/XX/XXXX and spoke with a representative at XXXX XXXX to consider paying back the {$1800.00} charges but not the after fees after the account was closed and charged off. I am asking FTC to please assist me with this because I refuse to hounded by the court system for fees that I did not occur after I did my part by staying in touch with them back in XXXX about my financial situation. My history before the financial hardship shows that I was willing to pay the debt incurred. The financial hardship came due to a family emergency where I had to reduce work from full-time to part-time. I have written letters to XXXX XXXX as of last year XX/XX/XXXX, XXXX XXXX referring to the {$1800.00} debt. Also, XX/XX/XXXX, I contacted the law firm at XXXX and spoke to XXXX XXXX to inform them that I am willing to pay back the {$1800.00} only. I agreed to {$300.00} dollars a month but did not hear back about where, when, and what to send the payment.
Company Response: Closed with explanation

Timely Response

2019-07-20

Oxford, GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I, XXXX XXXX, was in the process of being approved for a short sale with my servicer XXXX XXXX XXXX , XXXX ( XXXX ). I was aware that I may have some negotiable contractual issues with the current interested buyer ; however, I was unaware that the Short Sale was denied and or closed. As, my servicer ( XXXX ) did not send any written notice via mail or electronic notices through their on-line portal which is directed to my email. Wherefore, I was unaware that the Short Sale was denied and/or closed. On or around XX/XX/2019 I began to receive postcards stating that my home was in foreclosure and would be sold at public auction on XX/XX/2019. To date, ( XX/XX/2019 ) I have not received proper notice from the servicer ( XXXX ) stating that my short sale was denied and that my loans was directed to the default department. Nor have I received any written communication to date from the advertising law firm ( Aldridge and Pite, LLP ). From my basic understanding of Georgia Foreclosure Laws, Aldridge and Pite, LLP are violating state ( Georgia ) and federal laws ; including but not limited to the Fair Debt Collection Practices Act. Aldridge and Pite, LLP has failed to give notice that they are in fact the debt collector assigned to my mortgage. Aldridge and Pite, LLP has failed to give me notice of the current holder and owner of my mortgage and the amount of debt they are collecting nor was I given the proper time frames per law to question the validity of the debt they are collecting. I have checked the Georgia State Public Notices website and it appears that Aldrdige and Pite began to advertise the sale on or around XX/XX/2019. Per state law in order for a sale to be valid it must run 4 full weeks/30 consecutive before the sale date. To date, I am not sure if XXXX has denied my Short Sale request and sent my loan to Aldridge and Pite, LLP or if Aldridge and Pite, LLP are working without the direct consent of SPS. I have sent proper notice to Aldrige and Pite, LLP however, to the best of my knowledge they are still advertising the sale and have not removed my home from the XX/XX/2019 sale date foreclosure list. Which is why I am composing this complaint because XXXX as well as Aldridge and Pite, LLP have violated several state, federal and consumer protections laws. Cordially, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-07-18

Long Beach, CA

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt was already discharged in bankruptcy and is no longer owed
Complaint: I filed for bankruptcy chapter XXXX on XX/XX/XXXX and the house I own in that time was discharged on XX/XX/XXXX. I filed chapter XXXX bk on XX/XX/XXXX and the company XXXX XXXX is trying to include this discharged debt on this bankruptcy.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-06-23

Soquel, CA

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt was result of identity theft
Complaint: Dear CFPB, Under my private rights of action and administrative process I want to report that Clear Recon Corp. Debt Collector and Foreclosure Trustee has repeatedly ignored and has failed to respond to my Qualified Written Request and Dispute of Debt and Validation of Debt Demand Letter dated XX/XX/XXXX sent Certified Mail # XXXX. I never contracted with Clear Recon Corp at any capacity and have never had any business relationship verbal or written. In addition, I want to inform Clear Recon Corp that the XXXX XXXX XXXX Account # XXXX and XXXX XXXX XXXX Account # XXXX, corresponding to my property at XXXX XXXX XXXX XXXX XXXX, CA XXXX were created without my authorization and through identity theft of my personal and private information. The Second Notice of Fault in Dishonor and Opportunity to Cure was served to Clear Recon Corp.on XX/XX/XXXX Certified Mail # XXXX XXXX. The Third Notice of Default in Dishonor, Discharge of Obligation to Pay Instrument was served to Clear Recon Corp. on XX/XX/XXXX including my Notarized Affidavit of Non Response Certified Mail # XXXX. Fourth, you will find a notarized Affidavit of Non-Response from XXXX XXXX XXXX served to Clear Recon Corp.on on XX/XX/XXXX Certified Mail # XXXX. Attached please find the above mentioned demand letters and notices for your confirmation and records. Respectfully, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-05-26

AL

Took or threatened to take negative or legal action

Debt collection: Credit card debt

Sued you without properly notifying you of lawsuit
Complaint: Original amt due ( owed to original company ) : {$2800.00} Aldridge Pite Haan , LLP charged interest of {$290.00} Additional Cost {$210.00} ( not sure what for ) I've paid {$1800.00} so far. They are now garnishing wages starting on XX/XX/XXXX for {$1500.00} I received a " Notice of Court Action '' from APH dated XX/XX/XXXX in the small claims court of XXXX County AL. I was never summons to court at the time. I did call APH to inquire more about this and did come up with a payment plan ( not any kind of settlement, but a monthly payment of $ XXXX/month. I also NEVER went to court or was told to ). I was paying monthly, however fell onto hard times and significant other was no longer working in XX/XX/XXXX and my father had a XXXX in XX/XX/XXXX and we've had several family deaths in between. Therefore unable to pay, I did call them in XX/XX/XXXX and tried to let them know of circumstances and they were rude and threatening to garnish my wages and demanding my bank account number, which I did not provide. The lady on the phone was getting angry and demanding I give her my entire employment history and any other banking institution for which again, I did not provide as this was not needed for them to either continue with payment plan or allow an extension. She hung up on me after several attempts to get my bank account number. I received a letter form my employer on XX/XX/XXXX stating my wages will be garnished starting on XX/XX/XXXX from APH., LLP. I never received any other notice from APH, not even regarding anything remotely stating anything about wage garnishment, or working out another plan ( although I have tried calling them to ask for payment options without getting anyone to help me from their firm in return ). I have never seen these people and have never been to court or given a court date or anything beyond the first notice of court in XXXX.
Company Response: Closed with explanation

Timely Response

2019-05-08

Atlanta, GA

False statements or representation

Debt collection: Credit card debt

Told you not to respond to a lawsuit they filed against you
Complaint: This company sent the service notice to my parent 's house where I do not live during the time when they were on vacations. They created a fake person, name and description ( this is also racism because the person does not have any of the physical features of anybody in my family but they stereotyped the person ) They never left a notice that I was being sued in a county where I do not live, I have the proof that I do not have anyone with the name XXXX XXXX living at that address and I never received any documents form them because I do not live in XXXX county.
Company Response: Closed with explanation

Timely Response

2019-05-02

Eugene, OR

False statements or representation

Debt collection: Credit card debt

Attempted to collect wrong amount
Company Response: Closed with explanation

Timely Response

2019-04-26

Newnan, GA

Communication tactics

Debt collection: Credit card debt

Frequent or repeated calls
Complaint: ALDRIDGE PITE AND HAAN HAS BEEN DEDUCTING XXXX FROM MY ACCOUNT, CAUSING MY ACCOUNT TO BE OVERDRAWN. I'VE CALLED THIS LAW FIRM TWICE AND TOLD THEM I'D PAY XXXX PER MONTH, YET THEY DIDN'T CANCEL THE AUTODRAFT AND STILL HAVE ACCESS TO MY CHECKING ACCOUNT. { THEIR PHONE CALLS ARE RECORDED, SO THEY HAVE THE TAPES ON FILE. } I HAVE TO PAY OVERDRAFT FEES AND THEY CALL MY HOME DAILY. I SEND THE XXXX PAYMENT VIA CERTIFICATE OF MAILING, WHICH IS LEGAL DOCUMENT, AND STILL THEY ACCESS MY ACCOUNT, TRYING TO DEDUCT A XXXX PAYMENT THAT I CANCELED IN 2017. ALDRIDGE AND PITE HAS BEEN DOING THIS MONTHLY. THEY ARE ILLEGALLY ACCESSING MY CHECKING ACCOUNT.
Company Response: Closed with explanation

Timely Response

2019-04-26

Newnan, GA

Communication tactics

Debt collection: Credit card debt

Frequent or repeated calls
Complaint: ALDRIDGE PITE AND HAAN HAS BEEN DEDUCTING XXXX FROM MY ACCOUNT, CAUSING MY ACCOUNT TO BE OVERDRAWN. I'VE CALLED THIS LAW FIRM TWICE AND TOLD THEM I'D PAY XXXX PER MONTH, YET THEY DIDN'T CANCEL THE AUTODRAFT AND STILL HAVE ACCESS TO MY CHECKING ACCOUNT. { THEIR PHONE CALLS ARE RECORDED, SO THEY HAVE THE TAPES ON FILE. } I HAVE TO PAY OVERDRAFT FEES AND THEY CALL MY HOME DAILY. I SEND THE XXXX PAYMENT VIA CERTIFICATE OF MAILING, WHICH IS LEGAL DOCUMENT, AND STILL THEY ACCESS MY ACCOUNT, TRYING TO DEDUCT A XXXX PAYMENT THAT I CANCELED IN 2017. ALDRIDGE AND PITE HAS BEEN DOING THIS MONTHLY. THEY ARE ILLEGALLY ACCESSING MY CHECKING ACCOUNT.
Company Response: Closed with explanation

Timely Response

2019-04-25

Pensacola, FL

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt was already discharged in bankruptcy and is no longer owed
Complaint: Aldridge / Pite, LLP is a third party debt collector with absolutely no authority to represent XXXX XXXX XXXX. as Trustee forPlaintiff, in the court file or in the record anywhere and according to FL Stat 2.505 ( e ) ( 2 ), Appearance of Attorney : an attorney may appear in a proceeding in any of the following ways : ( 1 ) by serving and filing, on behalf of a party, the party 's first pleading or paper in the proceeding. ( 2 ) By substitution of counsel, but only by order of court and with written consent of the client, filed with the court ... Aldridge / Pite, LLP Law Firm are third party debt collectors, trespassers and interlopers and thieves trying to steal my home. They are not registered with the Florida Office of Financial Regulation or the State of Florida.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-04-23

Atlanta, GA

False statements or representation

Debt collection: Credit card debt

Told you not to respond to a lawsuit they filed against you
Complaint: XXXX XXXX hired Aldrige Pite Haan LLP to collect my deb, Aldrige hired a person who under sworn he delivered the court order to my address and give it to my relative. That person does not exist, then Ms. XXXX XXXX XXXX the attorney on this case filed to have default judgment against me. They fabricated the notice, I never received a notice to go on court neither my family did.
Company Response: Closed with explanation

Timely Response

2019-03-26

Oxford, GA

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt was result of identity theft
Complaint: Request three times by US Certified Mail to get proof of the alleged debt validation on XXXX and XXXX. However unfortunately did not get any of them. ID Theft to gain profit is serious white crime in US include my situation. Want to be stop immediately reporting credit report agents and stop collecting activity without bringing up proper verification.
Company Response: Closed with explanation

Timely Response

2019-02-26

Midland, GA

Written notification about debt

Debt collection: I do not know

Didn't receive enough information to verify debt
Company Response: Closed with explanation

Timely Response

2019-02-12

Bremen, GA

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt is not yours
Complaint: I called to clear a judgement in Magistrate court. They asked for the file # and I told them there were two file # s, and I gave them both #. They claimed not to have found those numbers and asked that I give them my SS #, which I did. I told them that it was for XXXX XXXX and it was a filed judgement against me in XXXX County Magistrate court. I have the names of the people I spoke to at Aldridge, Pite, Haan on XX/XX/XXXX. I made a settlement of {$1700.00} on a {$3000.00} ( appx ) debt and the check cleared the bank on XX/XX/31. The very next week when I tried to get a letter stating that the judgement was final, they told me it was applied to another account. I asked for proof that was my acct they applied it to and they said they would ask the creditor to send me proof and I would probably get it within ten days. I can not get this cleared off my records, and I would like to know what legal ramifications there are for this type of scamming. Thanks
Company Response: Closed with explanation

Timely Response

2019-02-05

Cumming, GA

Took or threatened to take negative or legal action

Debt collection: Other debt

Seized or attempted to seize your property
Complaint: On or around XX/XX/2017 ALDRIDGE PITE LLP and agent XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX, filed a adverse action claiming a Business has appointed him attorney in fact to seize my personal property which is used for household purposes. They have stolen my identity and created fictitious documents. I had a private agreement which these people and entities are not privy to, but somehow they have all my information including my social security number. XXXX XXXX XXXX was the complaining party stating the business entity XXXX XXXX XXXX XXXX, XXXX, DBA XXXX XXXX, NOT INDIVIDUALLY BUT AS TRUSTEE FOR XXXX XXXX XXXX XXXX submitted an affidavit swearing to own my household goods ( Home ) which they have no security interest. XXXX XXXX XXXX has also used my name without authorization or consent or any contract whatsoever claiming that I a natural woman gave a business XXXX XXXX XXXX XXXX XXXX in California power of attorney to act on my behalf. No such document exist! furthermore a business can not be appointed attorney in fact or power of attorney for a natural woman. Another agent by the name of XXXX XXXX. XXXX Bar # XXXX is also claiming the same and has send threatening mail to my domicile for a fictitious obligation. I have sent the firm a trespass warning and they continue to violate my rights by submitting fraudulent documents on the public record. These people are debt collectors and I requested the contract that they claimed exist and they refuse to comply and now i am homeless due to their treasonous actions.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response