Date Received: 2017-12-18
Product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: This complaint is filed so there will be a public record. I can not afford to wait XXXX days for a full response. This complaint provides new information for both the debt collector and the creditor. I sent XXXX a notice to cease and desist all communication ( see attached file : XXXX Cease and Desist ). XXXX is NOT a mortgage loan servicer. XXXX is a debt collection agency that should have its license revoked. In response to the Notice of Default filed on XXXX XXXX, XXXX XXXX see attached file : Notice of Default ) and in accordance with paragraph XXXX of the letter from XXXX XXXX XXXX XXXX XXXX dated XXXX XXXX, XXXX XXXX see attached file : XXXX XXXX XXXX XXXX, I disputed the debt based upon court cases and court documents ( see attached file : Debt Disputed ). This included a decision from a CA XXXX XXXX in XXXX that concluded the assignment of the deed of trust was hearsay, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well. XXXX v. XXXX XXXX XXXX Bank, XXXX. ( XXXX ) XXXX XXXX XXXX, XXXX. This was reaffirmed in XXXX XXXX after XXXX XXXX XXXX XXXX XXXX, XXXX was sued and further supported with deposition testimony. XXXX See attached file : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ).
The debt collector is required to validate the debt before proceeding with collection as the letter dated XXXX XXXX, XXXX referenced above from XXXX XXXX XXXX XXXX XXXX indicated. Consequently in order to validate the debt, the debt collector would have to overrule the CA XXXX court which the debt collector does not have the authority to do. Also to validate the debt, the debt collector must first determine if under the FDCPA, a mortgage is a debt and if foreclosure is debt collection.
Since the courts are divided on these issues, it is not possible at this time to validate the debt. Although the courts are divided, Washington XXXX which is the beneficiary under the deed of trust ( see attached file : Notice of Default XXXX, obviously has no issue over this. The collection letter from Washington XXXX dated XXXX XXXX, XXXX states it is sent in compliance with the Federal Fair Debt Collection Practices Act ( see attached file : XXXX FDCPA XXXX. Since the beneficiary under the deed of trust believes the FDCPA applies, the FDCPA would have to apply to XXXX as well. Therefore XXXX is not in any position to claim otherwise and neither is XXXX XXXX XXXX XXXX XXXX, XXXX or XXXX XXXX and XXXX XXXX. XXXX XXXX attached file : XXXX XXXX XXXX and XXXX XXXX XXXX.
As a result the Memorandum and Order from the lawsuit against XXXX for violations of the FDCPA is applicable in my case. I have received collection letters that violate the FDCPA which makes a non-judicial foreclosure illegal as the court explained. XXXX XXXX page XXXX of attached file : Memorandum and Order XXXX. In fact the court even states on page XXXX, … a letter threatening foreclosure while also offering to discuss foreclosure alternatives qualified as a communication related to debt collection activity. I have received numerous such letters on a daily basis for over XXXX years ( see attached file : Collection Letter XXXX. As a result the California Declaration of Compliance is arguably made under perjury as it can not be true and correct when the options for the borrower to avoid foreclosure, as required under California law, are an attempt to collect a debt. ( See attached file : CA Declaration of Compliance XXXX. The instructions for proceeding with non-judicial foreclosure proceedings are also a violation of the FDCPA as explained above.
Page XXXX of the Memorandum and Order explains : If the letter is not an attempt to collect a debt, then it can only be an attempt to defraud or extort money from a person with no obligation to pay it or solicitation of a gift. Again I have received numerous such letters. ( See attached file : XXXX Attempt to Defraud ). This letter from XXXX dated XXXX XXXX, XXXX was sent to me in response to the dispute over the debt I sent to XXXX XXXX XXXX XXXX XXXX. Instead of responding to me directly, XXXX XXXX has forwarded my dispute to XXXX who will only attempt to defraud me as the court explained. Therefore I sent XXXX a notice to cease and desist all communication and notified XXXX XXXX of this. ( See attached file : Certified Letters ).
However even the monthly mortgage statement XXXX sends, states it is an attempt to collect a debt. ( See attached file : Mortgage Statement XXXX. Therefore for XXXX to cease and desist all communication would have to include the mortgage statement as well. A mortgage servicer is required to send a monthly mortgage statement. XXXX can not both cease and desist all communication and send me mortgage statements. Thus XXXX is not a mortgage loan servicer ; yet XXXX acts as such to fraudulently foreclose on homes in tens of thousands of foreclosures nationwide as the court describes on page XXXX of the attached Memorandum and Order.
The fact the parties involved are aware of the courts position regarding the beneficiary of my deed of trust being Washington XXXX, the fact the FDCPA applies to Washington XXXX, and the courts position on the FDCPA, this amounts to fraud, oppression, malice. As foreclosure prevention has been used as an illegal method of debt collection, I have been continually deprived of my California Homeowner Bill of Rights to take away my property. Furthermore I was deprived of my privacy rights as my personal information was shared with a third party debt collector to foreclose on my home before and after I was allowed to restrict this. This is all responded to with collection letters that are an attempt to defraud. This is all preceded by more of the same as the XXXX Office Analyst for XXXX XXXX XXXX ) /XXXX XXXX committed fraud, oppression, malice in XXXX XXXX by committing fraud to cover up the fact she violated the XXXX XXXX Settlement Consent Order while depriving me of my California Homeowner Bill of Rights and foreclosing on my home. To add insult to injury this same individual remains in control of the relentless, abusive, and illegal debt collection practices that have persisted to this day and consequently did the same exact thing a year later in XXXX of XXXX. ( See attached file : Fraud, Oppression, Malice ). I will not allow myself to be subjected to any further abuse. This ends here and it ends now.
Company: SELECT PORTFOLIO SERVICING, INC.
State/Zip: CA 920XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2758034
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