| 01/16/2020 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
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Re : MDK File # XXXX Sent via Certified U.S. Mail XXXX, and FAX ( XXXX ) XXXX Dear Manley Deas Kochalski : With regard to your letter about a debt you are trying to collect. You contacted me by mail, on XX/XX/XXXX and identified the debt as : XXXX XXXX XXXX d/b/a XXXX XXXX.
I am in receipt of your letter dated XX/XX/XXXX which I never received via U.S. Mail but was able to download a copy from the Consumer Financial Protection Bureau on Tuesday XX/XX/XXXX.
I see that you were not able to provide the requested documentation but substituted another of the many alleged Original copies of the Note and Mortgage.
Please be advised of the following : 1. Owner XXXX XXXX XXXX alleges that XXXX XXXX does not have the requisite evidence needed to claim it is the holder of Owners Note.
2. An ever-increasing quantity of lawsuits filed on behalf of homeowners, governmental agencies and MBS investors have accused XXXX of fraudulently creating documents in order to justify legal entitlement to institute foreclosure proceedings. As such, Owners conducted an Internet search on the so-called endorser of Owners note and discovered that other documents allegedly indorsed by XXXX XXXX as VP of XXXX ( and XXXX XXXX XXXX XXXX ) bore an exact replica of the so-called indorsement which appears on page 4 of Owners promissory note. When said indorsement on Owners note is transposed directly over other alleged indorsed documents by XXXX XXXX found on the Internet, the signature and stamp are precisely and absolutely identical.
3. Upon information and belief, Owners allege that Promissory Note and Mortgage were intentionally falsified by utilizing a computerized photo-shopped stamp, or some other device to create said blank indorsement allegedly signed by XXXX XXXX XXXX XXXX.
4. For Owners note to be considered bearer paper, Ms. XXXX must have personally indorsed Owners note and her signature must have been authenticated by a notary.
5. Owners allege that Ms. XXXX did not personally indorse Owners Note, nor was her signature authenticated by a legal notary, thus rendering said document as fraudulent.
6. XXXX and XXXX, the law firm prosecuting the instant lawsuit on XXXX behalf, have openly admitted to altering foreclosure documents in a manner similar to what was necessary to falsify the Indorsement on Owners Note in the instant case.
On a front page XXXX XXXX article dated Saturday XX/XX/XXXX entitled Altered Documents Stay XXXX Foreclosures it was stated : XXXX and XXXX XXXX, one of the top three law firms used by mortgage servicers to handle their local foreclosure actions, reported to the court that, in a breach of protocol, affidavits in the cases were changed ... the admission to the court by XXXX and XXXX does not involve rubber-stamping of documents but rather removing the signature page, altering the affidavits content and reattaching the content page, the ( XXXXk County Circuit Court ) said.
7. XXXX has successfully claimed legal entitlement to institute foreclosure proceedings by fraudulently falsifying Owners Note and Mortgage in order to claim ownership of the Owners indebtedness and literally steal XXXX XXXX XXXX home and property.
8. For XXXX, or their attorneys, XXXX and XXXX, to falsify the indorsement on Owners Note and Mortgage, the signature page had to be removed, the indorsement printed or affixed, and the content page reattached, in the exact same process XXXX and XXXX admitted to in XXXX County court records.
9. By falsifying the Indorsement on Owners Note, XXXX has committed criminal fraud thus voiding Owners note ab initio.
Criminal fraud voids a contract, ab initio, both at law and in equity, whether the object be to deceive the public, third persons or one party endeavor thereby to cheat the other. Antle v. Sexton, 137 III. 410, 27. N. E. 691 [ affirming 32 III. App. 437 ] ; Crocker v. Manley, 164 III. 282, 56 Am. St. Rep. 196, 45 N. E. 577 ; Prentice v. Crane, 234 111. 302, 84 N. E. 916 ; Gillespie v. Fulton Oil & Gas Co., 236 III. 188. 86 N. E. 210 ; Prout v. Hoy Oil Co., 263 111. 54, 105 N. E. 26 ; Wachsmuth v. Martini, 45 111. App. 244.
The contract is void if it is only in part connected with the illegal transaction and the promise single or entire. Guardian Agency v. Guardian Mut. Savings Bank, 227 Wis. 550, 279 NW 79 ( 1938 ).
10. Owners allege that said Indorsement is defective and was meant to facilitate a fraudulent foreclosure ; a practice routinely not caught by defense attorneys nor the courts.
Computer-generated bank records or testimony based thereon are often offered without proper foundation, or are summarized without being introduced. Manufacturers & Traders Trust Co. v. Medina, supra, 01 C 768, 2001 WL 1558278 ( N.D.Ill., Dec. 5, 2001 ) ; FDIC v. Carabetta , 55 Conn. App. 369, 739 A.2d 301 ( 1999 ).
11. Moreover, XXXX falsification of Owners documents is subject to fine and imprisonment pursuant to 18 U.S.C. 1341 : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency ( as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) ), or affects a financial institution, such person shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both.
In US v. Robinson 03-4136 March 2004 App sc -- 2004 U.S. App. Lexis 3910, * ; 88 Fed. Appx. 660 -- United States of America, Plaintiff-Appellee, v. Kevin Ryan Robinson, Defendant-Appellant. -- o. 03-4136 -- United States Court of Appeals for The Fourth Circuit -- 88 fed. Appx. 660 ; 2004 U.S. App. Lexis 3910 Def Robinson was an employee of CSRA INC. which sold manufactured housing. To sell more homes, Robinson participated in a fraudulent scheme where he provided falsified financial information such as inflating both income and down payment. This information was sent via facsimile to out of state lenders who relied upon this information when considering a loan application. Fifty fraudulent transactions resulted in buyers defaulting on the loan and the home being repossessed and sold at a loss of {$990000.00}. Robinson was sentenced to 57 months in prison for participating in this fraud.
12. If XXXX argues that its crimes and violations of the law have exceeded the Statute of Limitations, according to the Doctrine Of Fraudulent Concealment, said Statute is subject to being tolled : If a lender conceals wrongdoing, thereby preventing a borrower from discovering a cause of action, the statute of limitation will be tolled until the date the plaintiff, through due diligence, would have learned of the existence of a claim. The doctrine of fraudulent concealment operates to toll the statute of limitations, when a plaintiff has been injured by fraud and remains in ignorance of it, without any fault or want of diligence or care on his part. Holmberg v. Arnlbrecht, 327 U.S. 392, 397 ( 1946 ) ( quoting Bailey v. Glover, 88 U.S. ( 21 Wall. ) 342, 348 ( 1874 ) ; see Maggio v. Gerard Freezer & Ice Co., 824 F.2d 123, 127 ( 1 st Cir . 1987 ).
13. Despite this record admission which is binding upon
XXXX, XXXX, both directly and indirectly through its Servicer XXXX XXXX XXXX XXXX, has instituted a foreclosure proceeding where it claims, in official court filings and documents filed in the public record and sent to the Owners herein through the mails, to be the successor in interest to Washington Mutual Bank for purposes of attempting to justify legal entitlement to institute foreclosure proceedings, doing so based upon nothing more than an unsworn allegation supported by fraudulent documents.
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| 08/05/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
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Web |
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My mother died on XX/XX/XXXX, leaving me as executor. I recently received a foreclosure notice on the property our family lived in for almost 60 years. According to the notice, in XX/XX/XXXX my parents took out a loan for {$40000.00} from XXXX XXXX, to remodel the house. At that time, BOTH of my parents were retired, living on a combined Social Security of about {$1100.00} - {$1200.00} per month. Their payment was to have been over {$500.00} per month, and would last until XX/XX/XXXX, when my mother would have been XXXX years old. On top of that, the interest on the loan was 8.725 %. My father then passed away in XX/XX/XXXX, leaving my mom to make these payments on her SS check of slightly over {$600.00} per month. In XX/XX/XXXX, they made an agreement to lower the payment, but extend the loan until XX/XX/XXXX, when my mother would have been XXXX years old! As I said, both of my parents had retired years before taking out this loan. In addition, both of them had TERRIBLE credit! Why would anyone give a loan like this to someone, under these conditions. Also, I see that one of the stipulations in the loan is that they will not let the property deteriorate. At the time of the loan, the west wall of the house had already detached from the rest of the house. The floor on that end of the house was sinking into the crawlspace. The ceiling in the attached garage was caving in. If XXXX XXXX had bothered to look at the house in advance, there is no way they would have given this loan to my parents. My mother was able to pay off only about {$10000.00} of the loan before she died, and the house is now being foreclosed on. As we work to settle her estate, the house and contents will be sold, but most of the money will go to settle this debt. I feel that allowing my XXXX and XXXX year old parents to take out this large loan on a house that should have been condemned should be considered a " predatory loan '', and the loan should be forgiven.
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| 10/24/2022 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
Servicemember |
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I have been working with XXXX XXXX XXXX ( XXXX ) for XXXX years to keep my house from foreclosure. I have submitted all the documentation necessary, Prior to the due date of XX/XX/XXXX, to assume the mortgage and they have confirmed the submission. The assumption is now under review. ( attached document ). This process has taken so long due to the fact the mortgage company would not accept the Legal Affidavit submitted by my attorney. This affidavit is the legal document required for XXXX for the Deed. XXXX have just accepted this document in the past ( approx. ) 2 months.
XXXX stopped the Sheriffs Sale for XX/XX/2022. However, their attorney and/or XXXX has XXXX my home back on Sheriff Sale for XX/XX/2022. On XX/XX/XXXX, I spoke to the sheriffs office, XXXX, who handles the sales. XXXX stated at this time, a package was already put in for my home to be put back on sale. This package, to put my home back on the sheriff 's sale, was prior to my due date to get in all docs to the mortgage company. The mortgage company and/or their attorneys submitted my home for sale PRIOR to the stated due date. I can understand if I did not comply, but I did. How can this happen when they stated this due date and stated in a letter I complied on time? ( Letter Attached ) I need my home taken off the XXXX sale, and future sheriff 's sale dates, to give me and the mortgage co. time to get the assumption completed and then to bring the mortgage up to date via loan modification ( or another way ). Putting my house on the XXXX sale is going against what the company said. ( Letter attached ). They took my house off of the sale, but put it back on the next month.
I have complied with this company for years! They have gone behind, over, around and under any morals and laws to try and get my house. The attorneys have not helped, mine and theirs.
I have attached all the letters from the mortgage company and my notes when I spoke to the company.
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| 11/06/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
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Web |
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In XX/XX/XXXX I filed a Chapter XXXX Bankruptcy XXXX has since then violated my Bankruptcy plan on my loan that was reaffirmed by the debtor with reaffirmations signed by the creditor and debtor and was part of my confirmed plan. XXXX has since the reaffirmation signing in XX/XX/XXXX placed forced placed insurance on the property creating a bill for the debtor in XX/XX/XXXX while the debtor was under a federal stay not disclosing this action to the debtor or petitioning the court to allow this bill in the debtors plan this as a violation of 524 injunction. After the case was closed in XX/XX/XXXX XXXX paid off the debtors tax contract on this property which was part of the debtors confirmed plan and then added that debt to a escrow payment created for the already illegal insurance this was also a XXXX injunction. XXXX continued violating the plan by sending the debtor monthly bill statements with the discharged debt listed on the statements as still owed and in two payoff quotes. Seterus in the foreclosure case on my home listed the discharged debt as deferred debt owed in the case. XXXX has responded as follows : XXXX 2Day Delivery XX/XX/XXXX Loan numbers : XXXX, XXXX and XXXX Serviced by XXXX XXXX XXXX .
Dear Mr. XXXX : On behalf of XXXX XXXX XXXX, I am responding to your correspondence submitted to the Consumer Financial Protection Bureau regarding the above-referenced loans.
Please be advised that we have referred this matter to outside counsel. As such, we have provided a copy of your correspondence to the Consumer Financial Protection Bureau to our counsel, Manley Deas & Kochalski LLC for a response. Should you have questions or concerns you may contact Manley Deas & Kochalski LLC directly at XXXX.
Sincerely, XXXX XXXX Consumer and Government Affairs XXXX XXXX XXXX XXXX
XXXX XXXX XXXX XXXX I have not gotten a response from Deas & Kochalski
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| 11/06/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
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Web |
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In XXXX I filed a Chapter XXXX Bankruptcy XXXX has since then violated my Bankruptcy plan on my loan that was reaffirmed by the debtor with reaffirmations signed by the creditor and debtor and was part of my confirmed plan. XXXX has since the reaffirmation signing in XXXX placed forced placed insurance on the property creating a bill for the debtor in XXXX while the debtor was under a federal stay not disclosing this action to the debtor or petitioning the court to allow this bill in the debtors plan this as a violation of 524 injunction. After the case was closed in XXXX XXXX paid off the debtors tax contract on this property which was part of the debtors confirmed plan and then added that debt to a escrow payment created for the already illegal insurance this was also a 524 injunction. XXXX continued violating the plan by sending the debtor monthly bill statements with the discharged debt listed on the statements as still owed and in two payoff quotes. Seterus in the foreclosure case on my home listed the discharged debt as deferred debt owed in the case. XXXX has responded as follows : XXXX 2Day Delivery XX/XX/XXXX Loan numbers : XXXX, XXXX and XXXX Serviced by XXXX, XXXX Dear Mr. XXXX : On behalf of XXXX XXXX XXXX , I am responding to your correspondence submitted to the Consumer Financial Protection Bureau regarding the above-referenced loans. Please be advised that we have referred this matter to outside counsel. As such, we have provided a copy of your correspondence to the Consumer Financial Protection Bureau to our counsel, Manley Deas & Kochalski LLC for a response. Should you have questions or concerns you may contact Manley Deas & Kochalski LLC directly at XXXX. Sincerely, XXXX XXXX Consumer and Government Affairs XXXX, XXXX XXXX XXXX XXXX XXXX I have not gotten a response from Deas & Kochalski
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| 11/06/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
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Web |
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In XXXX I filed a Chapter XXXX Bankruptcy XXXX has since then violated my Bankruptcy plan on my loan that was reaffirmed by the debtor with reaffirmations signed by the creditor and debtor and was part of my confirmed plan. XXXX has since the reaffirmation signing in XXXX placed forced placed insurance on the property creating a bill for the debtor in XXXX while the debtor was under a federal stay not disclosing this action to the debtor or petitioning the court to allow this bill in the debtors plan this as a violation of 524 injunction. After the case was closed in XXXX XXXX paid off the debtors tax contract on this property which was part of the debtors confirmed plan and then added that debt to a escrow payment created for the already illegal insurance this was also a 524 injunction. XXXX continued violating the plan by sending the debtor monthly bill statements with the discharged debt listed on the statements as still owed and in two payoff quotes. Seterus in the foreclosure case on my home listed the discharged debt as deferred debt owed in the case. XXXX has responded as follows : XXXX 2Day Delivery XX/XX/XXXX Loan numbers : XXXX, XXXX and XXXX Serviced by XXXX, XXXX Dear Mr. XXXX : On behalf of XXXX XXXX XXXX , I am responding to your correspondence submitted to the Consumer Financial Protection Bureau regarding the above-referenced loans. Please be advised that we have referred this matter to outside counsel. As such, we have provided a copy of your correspondence to the Consumer Financial Protection Bureau to our counsel, Manley Deas & Kochalski LLC for a response. Should you have questions or concerns you may contact Manley Deas & Kochalski LLC directly at XXXX. Sincerely, XXXX XXXX Consumer and Government Affairs XXXX, XXXX XXXX XXXX XXXX XXXX I have not gotten a response from Deas & Kochalski
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| 12/09/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
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I did present ny Motion to quash on XX/XX/XXXX : plaintiff did not sed me a NOD notice of Default and Due to lock of Process of Service.
I Never was peesonally served since we both defendants were wor king on XX/XX/XXXX @ XXXX see Exhibit A. XXXX XXXX from XXXX XXXX XXXX XXXX XXXX lic # XXXX, being first duty sworn on Oath depose and say the following : Defendant XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Il XXXX on XX/XX/XXXX @ XXXX I served the whitin named defendant personally see Exhibit D I was working at that time .also Defendant XXXX XXXX see Exhibit A How cone XXXX XXXX sowrn on Oath if we never signed summons and complaint also we both never were personally served.
The judge denied ny mition on XX/XX/XXXX he gave me til XX/XX/XXXX to answer to include an affidavit to support my Motion to Quash because no Proper Service and after I did answered on XX/XX/XXXX provide an affidavit plus proof XXXX XXXX Job Leter oroof of he was working all day see Exhibit A.
judge Finally denied motion to quash anyways.
I am facing an Auction in XX/XX/XXXX.
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| 02/10/2020 |
Yes |
- Mortgage
- Other type of mortgage
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- Struggling to pay mortgage
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Web |
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This company has literally send me a correspondence letter as of XX/XX/2020 threatening me. As I do believe is a threatening.
I have communicated with loss mitigation department not so long ago las week and I spoken to a guy and told him about my situation and concerns, I also told him That it was my priority to keep my home and that I was very sorry that at this time I was going through a tough situation as I am a Victim of fraud and the process ins delaying a little longer than expected but will soon be all finished and resolved in the name Of God because this is very stressful and all I care about is my home and to keep making payments to my home and avoid any demand letters or legal problems and it is my priority to keep my home and get Caught and current as soon as this mess finishes as soon as this fraudulent activity finishes and Its investigations is all clear and done. And for the bank to credit me The remaining amount to my account ASAP.
Stop The threatening as is no good for my health as Im already a senior.
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| 01/03/2023 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
Servicemember |
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I have submitted a Request for Mortgage Assistance ( XXXX ) along with every document requested to bring this mortgage up to date. I was waiting for two years for the mortgage company 's underwriters to accept the legal documentation submitted by my attorney for the deed to my home.
My home has been put on the Sheriffs sale list 3 times now. This mortgage company 's attorneys have not done any research on my account. If they had they would see that I am waiting on their underwriters to do their job.
I can not sleep or eat. This whole situation has given me XXXX XXXX. I have done EVERYTHING possible to take care of this problem. The mortgage company 's attorneys just keep on filing. This whole situation is due to the lack of knowledge, professionalism and legality of the mortgage company and their underwriters and attorneys.
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| 12/24/2019 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
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Was wouking with XXXX XXXX and they decided to get attorneys involved. I received a letter from them on XX/XX/2019 and responded the vary same day with a Certified Letter. I never heard back from the company until last week when I called and spoke with an attorney named XXXX. XXXX claimed that they did receive my letter and replied on XX/XX/2019. I have never received any such communication from the company. I asked for a copy of your letter.
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| 11/09/2023 |
No |
- Debt collection
- Other debt
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- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
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Web |
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| 08/21/2022 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was paid
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Web |
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| 08/01/2018 |
Yes |
- Mortgage
- Other type of mortgage
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- Struggling to pay mortgage
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Referral |
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| 05/07/2018 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Referral |
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| 04/06/2018 |
Yes |
- Debt collection
- Mortgage debt
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- False statements or representation
- Attempted to collect wrong amount
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Referral |
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| 09/12/2017 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
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Web |
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| 04/14/2017 |
Yes |
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- Application, originator, mortgage broker
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Postal mail |
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