| 10/10/2017 |
Yes |
- Debt collection
- Mortgage debt
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- False statements or representation
- Attempted to collect wrong amount
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Web |
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McCarthy & Holthus is allowing " Abusive Collection Tactics '' on a " Note '' that is not owed, wrongly claimed figures as owed, and now finding a wrong Client ClaimedFAKE Claims of having a client that differs from the " Client '' that is now making claims to Service this Account for XXXX XXXX XXXX as Investor -- HOWEVER XXXX states they are NOT the Investor and XXXX states that they are servicing for " Investor '' XXXX XXXX as of Today ; XXXX/XXXX/XXXX. Now this has caused great distress as MCCarthy acting as Attorney 's and acting as a claimed Sub of Trustee would then have no underlying client being this situation.
Upon Review of a Federal BK filed, XXXXXXXX XXXX handled hand carrying false claims to the Federal Court - stating that another was the owner, NOT XXXX. Then at the end of the BK McCarthy took over this file and claimed worked on behalf of INVESTOR XXXX XXXX as Trustee for XXXX as INVESTOR - Obviously this claim is not true. Admitted as not true by XXXX on this DATE : XXXX/XXXX/XXXX by OMBUDSMAN named XXXX XXXX. She confirmed verbally on an approved Recorded Phone Call. And sent a Letter that shows XXXX as Lender by email directly. NOW this is causing MCCarthy to not have been hired by their claimed " Creditor '' as no link exists to their claimed client except by a Forged Backdated Assignment from a non lender making a cloud on the title. Now McCarthy has also hand carried fraudulent documents to the Federal Courts on my " other '' Property ( which will is right now under Commercial Crimes Division AND given to the FBI ) as an underground Deed Theft Ring is making up FAKE Bank Names and stealing from the Servicer 's, and this Slander of Title caused to be mistaken as truth when a false claim and false figures and omitted loan payments were made and stolen from homeowner for 7 years of payments missing. Now a Review of the Documents recorded at the Federal Court AND filed at the County Records.
Finding that a FAKE SUB OF TRUSTEE made up by XXXX and their Notary that is non compliant and no matching links whatsoever to this party making claims. That underneath all these false Sub of Trustee 's that have NO REAL CLIENT and do n't seem to care that no real creditor exists on this XXXX ' Note -- and is making false claims.
McCarthy is working AKA XXXX XXXX XXXX. When acting as XXXX this firm used Deceptive Practices including " Mailing of a Notice of Sale '' to the Wrong Address. To purposely NOT Notice homeowner of a Sale Date. This pattern continues. This has been a ton of illegal claims by the Attorney 's claiming to act under laws, claiming to the Servicer 's that have also convoluted false claims of having hired attorney firm via a power of attorney that has no real link. That MCCarthy & Holthus is closely related to the schemes that are misrepresenting the Federal Courts and to the County Records FALSE CLAIMS knowing that representations are not possible. Then slide into a role claiming that they are not really Attorney 's acting even though they told the Judge in the Federal Court they were in fact " Attorney 's '' and had a " client ''. That also produced forged notes ; The note that they have is a fake note ; forged note by a pre-dated allonge that was now somehow created before homeowner ever signed her documents. This is NOT Possible to be a true allonge and in a CFPB Complaint to XXXX Bank - XXXX had and holds a different Note having NO allonge and is more similar to that of the homeowners'note therefore A FORGED NOTE IS HELD BY MCCARTHY & holthus that is not a true note and appears was Stolen or under laws would constitute a Stolen Note.
Now McCarthy & Holthus claim that they now DO NOT REPRESENT XXXX - that they represent only XXXX. However XXXX states opposite that MCCarthy IS their Attorney and advises on the Applicable State laws of procedures on foreclosures. Which under the laws of CA State are non compliant to State Laws. This includes having been noticed of mistakes on their face, and failing to abide under CFPB laws and under CA applicable laws. A Letter was sent to them and they failed to respond.
Another Letter was sent, Email was sent, and a Breach of Contract was sent as well as Notice of Error 's on figures, and Breach on the underlying item 16 noted in the Deed of Trust NOT upheld. Again, No Answer has come.
Upon looking at the Recorded Documents - and the claims made ; Bogus Forged Note ; a Lender that says " they are not the lender '' and now XXXX claiming that YES that Lender that said they were NOT the lender is NOW the Lender - - XXXX continues to state They are NOT The lender however they had stated they were until the Regulators fined them in several lawsuits and finally they backed off - NOW XXXX acting solely as client for MCCArthy is aiding and abetting false fake " Investor 's '' named as XXXXXXXX XXXX XXXX states today that XXXX is the INVESTOR. MCCarthy states " only '' client is XXXX however on paper of the NTS and acting on the defective NOD is another story that McCarthy was hired as the Sub of Trustee specifically assigned to their XXXX entity to claim that they have a " different client '' a 3rd party Trustee of a Trust. THIS IS NOT TRUE. However MCCarthy & XXXX XXXX do not care if they have a real client.
They are also now linked to a fAKE BANK and an Auction Company - XXXX XXXX and XXXX who are behind the backs of any real Bank making up FAKE BANKS AND stealing from their own clients. This has included a Property targeted for DEED THEFT and now MCCarthy being the link and XXXX another firm as the LINK to the FAKE DEED THEFTS.
This along with breaking every single applicable law failing to answer, when they claim they would answer and continuing to cause Slander to Title of my property. This note was a XXXX ' XXXX Home Loan who went defunct in XXXX ' at that time was informed they would rewrite terms ; instead a claim later by XXXXXXXX XXXX said they took over XXXX XXXX XXXX -- later finding that on XXXX/XXXX/XXXX ' this note was not an Asset and WAS NOT taken over by anyone known. However XXXX allowed and claimed to be owner and Servicer. Then once caught by the Regulators changed " who '' they are. This caused " no underlying real entity '' to be known. However this did not stop XXXX from passing the paper trail to allow XXXX to make false claims and hire this firm now to AID in the false claims by a faulty FORGED NOTE and omitting 7 years of payments. Further abuse has continued. This has been horrendously abusive for the Attorney 's to ACT as if they have a Creditor Client when NO Such link is possible OR exists. This is part of a scheme that apparently is only now getting so out of hand that underlying SEC Regulators and the USDOJ are slowly getting this mixed up claim. Please find this a request for XXXX to make sure that the legal process is " legal '' for them to foreclose against all procedural laws and to know that IF foreclosed upon by wrong parties that they will be named as they are disregarding all applicable laws, and have been found to have brought fraudulent forged notes to the Federal Courts. I am attaching the two versions of the NOTE -- One from XXXX and the other from XXXX -- obviously XXXX has duped their attorney firms OR these firms are willing participants as now they are in clean up mode of stealing from the clients that they claim to represent. A fake Forged Note, a Fake Sub of Trustee self created to make false claims, and no review under mandatory laws to review per CA laws ; CC 2924.17 & 18 and under all CA pre=foreclosure mandatory procedures to be upheld by any such Sub of Trustee and have skirted the entire applicable laws State and Federal Laws. The forged note is NOT the borrower 's signature and was duplicated to then back date both a mix up for title records do not match the Note ; The allonge was pre dated to the loan and the allonge shows a XXXX as the XXXX 's name. This is bogus. The original note is no longer enforcable as it was time barred and however under operation of law - no laws are upheld by any Attorney 's as they are making tons of money to aid the " Servicer 's '' who are in this case pretending a real investor exists however that Investor XXXX states they are NOT the Investor. No real investor exists and this has caused massive horrendous abuses that have no good faith dealings found. Lies to the Federal Courts and forged documents by non compliant notaries.
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| 02/23/2020 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
Servicemember |
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The Complaint is against debt collection law firm of McCarthy & Holthus LLP., of XXXX XXXX . Since XX/XX/XXXX, I have experience abusive, misleading and deceptive debt collection acts by these debt collectors.
First and of significant is the fact that these debt collectors McCarthy & Holthus LLP., are presently falsely misleading consumers and the Courts in the State of XXXX into believing that as debt collectors are NOT liable for any of their actions due to qualified attorney immunity. See Attachment A ( letter to XXXX and XXXX Transcripts of Court Hearing ).
In other words despite the fact that on XX/XX/XXXX, the U.S. House Committee on Financial Services passed the H.R. 5001, bill entitled The Non-Judicial Foreclosure Debt Collection Clarification Act which reverse Supreme Court decision in Obduskey vs. McCarthy and Holthus LLP., the debt collectors pled as affirmative defense in Court that they are NOT subject to the Federal Debt Collection Practice Act or the XXXX Debt Collection Practice Act as such they are immune of any actions they take due to qualified attorney immunity defense.
Challenged Actions taken : I am a XXXX veteran from the State of XXXX on XX/XX/XXXX, I became the third owner and holder of title of the legal estate of a certain tract of land located in XXXX County, XXXX as through a duly recorded deed executed on XX/XX/XXXX and corrected on XX/XX/XXXX, recorded in the official Public records of XXXX County, XXXX and more particularly described as : Ex. C LOT XXXX ( XXXX ), IN BLOCK XXXX ( XXXX ) OF XXXX XXXX XXXX XXXX ( XXXX ) A SUBDIVISION IN XXXX COUNTY, XXXX ACCORDING TO THE MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO. XXXX OF THE MAP RECORDS OF XXXX COUNTY, XXXX.
Prior to taking title to the property on XX/XX/XXXX, I received a copy of a title commitment prepared by XXXX XXXX XXXX XXXX XXXX, and on Schedule C, the report only one lien encumbered said property which is Deed of Trust for XXXX XXXX d/b/a XXXX XXXX. Ex. XXXX The Deed of Trust to XXXX XXXX d/b/a XXXX XXXX is the debt I agreed to assume in taking title to said property.
Since XX/XX/XXXX, to the present the the debt collection law firm of McCarthy & Holthus LLP., of XXXX XXXX ; has posted " Notices of Substitute Trustee Sale of my property under the false pretense that XXXX XXXX is the current grantor/owner and holder of title for the same said property under a deed of trust dated XX/XX/XXXX, for XXXX XXXX XXXX, recorded in the XXXX County Real Property Records under Clerks File No. XXXX. See Exhibit ENotice of Sale.
As shown above on XX/XX/XXXX, when I took title to said property this XXXX, deed of trust to XXXX XXXX XXXX is NOT shown as a lien encumbering my property to this every day. See Exhibit E. Lien Search Report. This deed of trust as been recorded as release effective XX/XX/XXXX, XXXX, prior to me to taking title to said property.See Exhibit F '' Release of Lien .
The debt collectors McCarthy & Holthus LLP., are fraudulently seeking to foreclose on my property under the false pretense that XXXX XXXX is still the grantor/owner of said property because in XXXX , substitute trustees can at a foreclosure sale transfer legal title to a foreclosure purchaser via present/grantor, because in executing the foreclosure deed the trustee affects the transfer of legal title from the debtor/grantor to the foreclosure purchaser. XXXX v. XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX XXXX, pet. denied ).
" The deed of trust states that in the event of foreclosure sale, the " [ t ] rustee shall deliver to the purchaser a Trustee 's deed... with convenants of general warranty from Borrower/Grantor. '' In other words and more simply stated according to debt collectors McCarty & Holthus LLP., at foreclosure sale, as the " [ t ] rustee they shall deliver to the purchaser a Trustee 's deed... with convenants of general warranty from Borrower/Grantor XXXX XXXX. However XXXX XXXX is not the current record owner of the property holding any title or interest for any trustee could convey.
Despite the false and misleading nature of debt collectors McCarty & Holthus LLP.., " Notices of Substitute Trustee Sale '' they argue in court that they are immune of for any actions e due to qualified attorney immunity and the proper property to any suit is entity for whom they represent in this case being XXXX XXXX XXXX XXXX , although they never sent me any notices.
The complaint seeks clarification of the H.R. 5001, bill entitled The Non-Judicial Foreclosure Debt Collection Clarification Act. In order words this complaint seeks the debt collector to answer the following questions as it applies to said act : Ex.G 1. Are the debt collectors McCarty & Holthus LLP., XXXX division subject to the Federal Debt Collection Practice Act under the H.R. 5001, bill?
2. Does the Federal Debt Collection Practice Act have a qualified attorney immunity defense?
3. Can the debt collectors McCarty & Holthus LLP., XXXX division " pass the buck '' for their actions to third parry such as an alleged lender?
4. Are the debt collectors McCarty & Holthus LLP., XXXX division liable for their own actions?
5. When a consumer brings a suit challenging the debt collectors McCarty & Holthus LLP., XXXX division actions are false, misleading and deceptive practices, or unconscionable acts is it mandatory to also include the entity for whom they represent?
6. Is their a provision under the Federal Debt Collection Practice Act or the XXXX Debt Collection Practice Act that mandatorily require that a bank servicer or lender be sued for the actions of debt collectors notice if they did not send said notices?
7. Do the debt collectors McCarty & Holthus LLP., XXXX division have to conduct their own independent investigation in verifying ( i ) the existence of debt ( ii ) the debt is in default and ( iii ) that the debt is secured by a recorded lien ?
8. Do the debt collectors McCarty & Holthus LLP., XXXX division have to obey a prior judge rulings based on a question of law as to the validity of any lien encumbering an property if they were a party to the suit?
9. After the debt collectors McCarty & Holthus LLP., XXXX division conducts its own verification of the debt are you liable for your own actions in the collection of the debt?
10. Under the H.R. 5001, bill entitled The Non-Judicial Foreclosure Debt Collection Clarification Act '' is non-judicial foreclosure in the State of XXXX subject to the H.R. 5001, bill?
11. Is the debt collectors McCarty & Holthus LLP., XXXX division subject to the H.R. 5001, bill?
12. Is XXXX XXXX XXXX the recorded owner holding title to the Property located at XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX?
13. How then will the debt collectors McCarty & Holthus LLP., XXXX division trustee transfer title at foreclosure sale from XXXX XXXX XXXX
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| 05/25/2022 |
Yes |
- Debt collection
- I do not know
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- Attempts to collect debt not owed
- Debt was paid
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Web |
Servicemember |
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I am a XXXX individual and working with the XXXX XXXX XXXX XXXX to return to work. My work has been impossible because this company of attorneys hired by XXXX XXXX has put a 13 year lawsuit on a debt I do not owe. As I show as plaintiff, and the circle of loan officers and realtors is very small in XXXX, I have been shunned from transactions, bids, loans, and clients have been reluctant to work with me because of this 13 year long legal harassment.
As a result my transactions have not gone through, I had a hard time getting XXXX and XXXX XXXX and I also had a hard time finding a job as a XXXX.
XXXX XXXX along with McCarthy and Holthus has really brought my family to destitution, I have a son with a XXXX XXXX XXXX and this does not help.
I am sending documentation on how this has affected b=my ability to earn income on a prior successful company I owned wit =h my children and how this has affected our health ( health insurance is expensive ) m=my family 's morale and our health mentally and physically and emotionally.
We are not the only ones in this position and there is another XXXX XXXX XXXX woman who was helped by Legal aid by XXXX XXXX XXXX attorney and she also paid her home off in a real estate contract and this banks are lending irresponsibly and refinancing and modifying and foreberaing irresponsibly to mortgagors on property they do not own anymore or occupy. As a result the mortgagors who obtain a deferment and other loan or a second mortgage borrow and bail away using cash to buy whatever even other homes or flip homes and still HUD and lenders lend new money to these people who walk free by agreing to a " deed in lieu of foreclosure '' and they lose nothing as they already sold the property.
These mortgagors and the banks collude for their mutual benefit and not only tap into the cash earned by women who have broken their backs to work hard to pay off their homes but they also come for more, the title the money and all The banks and the title companies should have NEVER ALLOWED AN " IN PERSONALITY '' XXXXloan deferment on a home they do not have legal title anymore.
My mother and I bought a home under a real estate contract in XXXX. I believe the sellers had a second mortgage they did continue drawing from after the HUD statement was provided to us at closing. I do not know that because for sure because XXXX XXXX XXXX will not release information to us as we are not on the loan.
we made payments until XXXX when the XXXX account XXXX XXXX told us the house is " paid '' and wont take more payments and their attorney deposited money in the court.
my attorneys got paid with a car accident ( was rear ended ) in XXXX where they got the rest of the 40 % that was given to me after their attorney fees and costs cut. There should be about XXXX in trust to XXXX XXXX that XXXX XXXX and the sellers tapped into and now they want to take her house too and all the money i retirement as a XXXX. for all her life and kick her out. Plus XXXX XXXX wants to bill me for the 10 year attorney fees " in personam '' for the attorneys inability to collect their judgement that is past the statute of limitations from the sellers, the perpetrators of the case, who actually used cash to buy homes. I sent XXXX XXXX 's atttornesy them via email to XXXX XXXX XXXX the attorney in XXXX and XXXX the addresses of the sellers so they can put a lien on the home the mortagors ( sellers ) XXXX XXXX and XXXX XXXX sold for cash from money deposited into a llc and created just to buy a home cash and then put the home in their names But due to the inatention of the attorneys htey missed the opportunity to collect the judgement for the loan that we do not have priviledge in knowing anything at all and now they want to foreclose on my home. I paid it off. trace those funds. Looks like XXXX XXXX " entered into a collusive agreement " with the sellers, divided my elderly mother income and my settlement from my disabling accident profited from us and now they reutnr for the whole house. That should be throughly investigaged as FRAUD, SENT TOT HE AUTHORITIES AND HAVE THE LAWYERS, BANK AND SELLERS AUDITED. THEY HAVE THE NERVE TO FILE A SUMMARY JUDGEMENT ON A DEBT INCURRED BY THE SELLERS AFTER THEY DID NOT HAVE LEGAL TITLE OF MY HOUSE IN XXXX. A NON RECOVERABLE JUDGEMENT THAT IS STALED AND HAS BEEN IN DEFAULT FOR AT LEAST 12 YEARS OR MOER AND WAS MAYBE ORIGINATED IN OR AROUND XXXX OR XXXX AFTER WE BOUGHT IT. PLEASE ALSO INVESTIGATE THE TITLE COMPANIES INVOLVED IN ALL TRANSACTIONS. WE FILED CFPB COMPLAINTS AND ALL XXXX XXXX XXXX DID IS SEND A FORM TO AUTHORIZE US TO KNOW ABOUT THE LOAN OF XXXX XXXX AND XXXX XXXX, WE HAVE NO PRIVILEDGE ON THAT LOAN AND THE BANK 'S ATTORNEY 'S FEES ALSO NEED TO GO TO THE XXXX 'S WE HAVE NO PRIVILEGE TO KNOW ABOUT THAT THEIR CONTRACTS THEIR AGREEMENT AND WHAT THE SELLERS SIGNED. WE DEPOSITED OVER XXXX TO THE COURT AND THE TRUST ACCOUNT, AND YES THE XXXX WITH ALL THEIR ALIASSES NAMES NEED TO BE INVESTIGATED TO STOP TRYING TO PUSH US OUT OF OUR HOME IT BELONGS TO ME, THE XXXX XXXX SAID IN OPEN COURT AND THE ATTORNEY BILLS BELONG TO XXXX XXXX AND SELLERS. WE PAID THE HOUSE OFF. WE BOUGHT IT FOR XXXX IN XXXX AND IT APPRAISED FOR XXXX BUT THE ESCROW AGENT FROM XXXX XXXX DID NOT GIVE US THE APPRAISAL BECAUSE IT WAS XXXX HE SAID AND NOT IN THE STATEMENT AND THE XXXX DID NOT FINISH ON TIME, WELL THEY DO THAT AND XXXX XXXX BUYERS.
I WILL FILE AN ADA COMPLAINT AGAINST XXXX XXXX I MAY BE XXXX MY MOM MAYBE ELDERLY BUT I KNOW THE GOVERMENT DOES NOT ALLOW AN INJUSTICE AND FRAUD AND COLLUSION. YOUR POCKETS ARE BIG XXXX XXXX WHY DO NOT YOU TRACE THE THOUSANDS OF DOLLARS WE PAID FOR XXXX XXXX XXXX XXXX XXXX OR MAYBE THA T YOU RETURNED THE MONEY TO THE SELLERS, GET THE MONEY FROM THEM NOT US. WE MAY SEEM FRAGILE AND YOU CAN STEP ON US, BUT YOU HAVE RUINED MY LIFE, MY LIVELIHOOD AND MY MOMS HEALTH, SHAME ON YOU ALL.
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| 01/10/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Web |
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On XX/XX/XXXX a foreclosure case was opened against me.
They took auto payments from my account then completely stopped. We went round and round with Loan Modifications, which I accepted all but 1, and after the trial period of me making all the payments on time and in full, XXXX XXXX stated that the Loan Modifications were invalid and they stopped taking payments from me again. This happened at least 4 times over 2 years. The final Loan modification document that XXXX wanted me to sign was for {$150000.00} for 40 years. I rejected this offer as my balance is only {$110000.00} and I only have about 15 years left. This was the last time I was able to communicate with XXXX XXXX.
On XX/XX/XXXX, I called XXXX Servicing Legal Department, McCarthy Holthus, They stated that XXXX was no longer the servicer ( effective XX/XX/XXXX ) and that my account was closed. I have not received anything from XXXX or the new Service Company. I was informed by McCarthy Holthus that the new service company was called XXXX XXXX. I have attempted to contact the new servicer for a payoff request letter and have left multiple messages.
On XX/XX/XXXX, I called XXXX and left message for the operator. I have still not heard anything back as it goes directly to voicemail. I called McCarthy Holthus again and they said that they would request a payoff letter and send it to my email address within 2 business days. They stated that they were waiting for the lender to provide additional information. I am currently still waiting.
I recently got my evidence of insurance from my homeowners insurance and the mortgage holder is a completely different company than what XXXX and McCarthy Holthus attorneys told me. This new company that was listed on my insurance documents was XXXX XXXX XXXX XXXX XXXX.
On XX/XX/XXXX, I contacted XXXX XXXX XXXX XXXX XXXX and they were able to locate my account. I was transferred to an account specialist named XXXX. She stated that the mail that they have sent was being returned as non-deliverable. I updated all contact information with them and provided them my email address and requested them to email me all the statement, documentation, etc that they have been trying to send to me via USPS. XXXX stated that she would send all the documents to my email via secured email. She also said that any payoff request should be in writing and sent via email or fax. XX/XX/XXXX I sent the payoff request letter as instructed. I still have not seen the documents promised to me by my account specialist or any payoff documents.
Up to today 's date, I have been doing some investigation myself on why it is so hard to provide me a payoff document. What I have found out is that on XX/XX/XXXX, a satisfaction of mortgage was recorded with the County Recorder 's office. Last, in XX/XX/XXXX, all real estate account on my credit report have been closed and show as PAID. Currently I do not have any mortgage listed on my credit report for any of the 3 credit bureaus. This has affected my credit score negatively which is causing huge financial issues.
I believe there is two things happening with my mortgage, first since the country recorder 's office has a satisfaction of mortgage recorded the account is closed/paid-in-full. Second, my mortgage was flipped and sold to another lender or servicer or sliced up and sold to investors as securitized packages on Wall Street ( This is why XXXX wanted me to sign a new note for 40 years and {$150000.00} ). This should be illegal and some penalties and actions should be taken against lenders and servicers who practice these predatory practices.
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| 11/21/2016 |
Yes |
- Mortgage
- Conventional adjustable mortgage (ARM)
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- Loan modification,collection,foreclosure
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Web |
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. ) The reason for this complaint is that McCarthy Holthus & XXXX, P.C., all XXXX, XXXX XXXX XXXX XXXX XXXX and XXXX claim to have legal title of the loan, but can not /will not provide documents to support this position. It is unfair and deceptive for these entities to refuse to provide this basic documentation. Without it, my client is unable to make informed decisions about his debt and negotiate with the true owner of it.
As part of my process, I review the chain of title for the loan documents. During this time I reviewed the Note and Deed of Trust dated XX/XX/XXXX and the Notice of Trustee 's Sale dated XXXX, the assignment dated XX/XX/XXXX and the request for restraining order from XX/XX/XXXX, ( attached as Exhibit XXXX ) and noticed something strange. The assignment was from XXXX as Attorney-in-Fact for XXXX XXXX XXXX XXXX to XXXX, with POA signing for XXXX XXXX XXXX XXXX as its attorney in fact. However, XXXX XXXX XXXX XXXX was shut down by the FDIC in XXXX, FOUR years prior to XX/XX/XXXX, the date of the assignment. See the documents attached as exhibit XXXX.
Since a person can not act as an attorney in fact for a company that no longer exists, I was surprised to see someone signing as an agent for XXXX XXXX XXXX XXXX, when XXXX XXXX XXXX XXXX had been shut down for so long. I called on McCarthy Holthus and asked for an explanation, but McCarthy Holthus reps failed to give me any sort of reasonable explanation.
McCarthy Holthus also represents that although a Foreclosure date was set in XXXX, the Note was NEVER accelerated. I do n't understand that either.
I also would like to point out that I went directly to XXXX and they responded with the fact that they are NOT the holders of the Note or the " owners '' of this loan and have nothing to do with the foreclosure attempts and they DID NOT hire McCarthy Holthus to represent them.
McCarthy Holthus ' response is unfair because it significantly harms my client 's ability to refinance or renegotiate his debt in the form of a modification if he can not even identify which entity he should be speaking with. McCarthy Holthus ' has or should have this information, but simply will not provide it. Further, it is against public policy and common sense that McCarthy Holthus ' should try to act as a legally entitled holder of the loan after written communications with XXXX claiming to NOT be the holder, but McCarthy Holthus ' refusal to provide even basic, simple documentation to prove their position is terribly frustrating.
McCarthy Holthus ' actions are deceptive because it appears that XXXX received a valid assignment from a company that no longer existed at the time of the assignment. Without special knowledge about the mortgage and banking industry, the average reasonable consumer would easily be misled to assume that the assignment was valid and XXXX was the true owner of the debt. This is a material deception because it is misleads the consumer into negotiating and paying the wrong party for the debt.
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| 04/25/2017 |
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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Attached to this complaint is a copy of a debt validation notice we received on XXXX XXXX , XXXX , and dated XXXX XXXX , XXXX , from the debt collection law firm of McCarthy Holthus in XXXX WA. We dispute the validity of the debt identified in the notice and we will be sending a formal debt validation request and dispute letter direc tly to McCarthy Holthus within the 30-day period of receiving this notice. McCarthy Holthus should cease and desist all collection activity and threats of judicial foreclosure until they have validated a debt, provide proof of creditor status and provide a complete accounting of all individual amounts, which would include a ny 3rd party payme nts made towards this loan from obligors and other parties. Evidence of any electronic transfers of the note should be provided as well to establish who is entitled to receive payments. The notice is a threat to deprive of our property with the statement, Even though the judicial foreclosure process is being commenced an d may proceed during the 30-day period In this notice, McCarthy Holthus provides a false statement that XXXX XXXX XXXX XXXX ( XXXX XXXX ), is t he current creditor to whom the debt/loan is owed. XXXX has never extended credit to us and has no economic interest in promissory note. XXXX is only a servicer debt collector. In a previous notice ( attached with this complaint ) sent to us by XXXX , they stated that XXXX ( XXXX XXXX ) w as the creditor to whom the debt was owed. McCarthy Holthus and XXXX are violating the FDCPA that they must comply with. XXXX is not a creditor per the FDCPA XXXX XXXX XXXX 803. Definitions [ 15 USC 1692a ] As used in this title -- ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. XXXX XXXX XXXX Sect ion 803 ( 4 ) defines " creditor '' as " any person who offers or extends credit creating a debt or to whom a debt is owed. '' However, the definition excludes a party who " receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. '' 1. General. The definition includes the party that actually extended credit or became the obligee on an account in the normal course of business, and excludes [ 53 Fed. Reg. 50102 ] a party t hat was assigned a delinquent debt only for collection purposes.
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| 07/04/2022 |
Yes |
- Debt collection
- I do not know
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- False statements or representation
- Told you not to respond to a lawsuit they filed against you
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Web |
Servicemember |
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ThiS attorney, XXXX XXXX has used an out of state servicer that mails letters to address that does not correspond to the last address of record of XXXX XXXX and XXXX XXXX so that he confuses the judge Being an officer of the court, using this tactics to advance his quest to get paid legal fees using deceit should be extinguished to avoid rings of confusion that end up hurting people who do not know anything about this debt incurred by a thrid party illegally.
My address has been used ilicitly by XXXX XXXX XXXX, as authorized signer for ID solutions at request of the attorney who wants to lie to the court using this. ompany by thelling them that XXXX XXXX lives at XXXX XXXX XXXX XXXX XXXX NM XXXX where in reality this person has NOT LIVED IN THIS ADDRESS FOR THE LAST 13 YEARS so this is LYING TO THE COURT BY A COURT OFFICER WHO USES THIS OUTFIT CALLED OD solutions to ROB MY IDENTITY AND THAT OF MY MOTHER MY MOTHER IS XXXX XXXX MARRIED TO DECESED MILITARY OFFICER XXXX XXXX, A WIDOW. SHE HAS NOTHING TO DO WITH XXXX XXXX, AN XXXX FROM XXXX WHO HAS NOT ANSWERED OR PAID THIS ATTORNEY FOR HIS FEES.
I DID NOT HIRE HIM PLEASECEASE AND DESIST OR SHOW A CONTRACT BETWEN YOU AND I FOR YOUR LEGAL FEES.
YOU SHOULD BE ASHAMED TO LIE TO THE JUDGE YOU SERVED THE XXXX XXXX AND XXXX XXXX AT MY HOUSE YOU OULD NOT HAVE I LIVED THERE FOR THE LAST DECADE THEY HAVE NOT!!!!
this company that was hired by this attorney to confuse the judge, this is a crime, and shold be investigated and punished. An attorney should know better.
Please stop harassing me legally for bills incurred by you from your client that has nothing to do with me. Leave my family alone you have harsased us for a second mortggage that was obtained by a third person we d onot know anything about and you have harasssed us legally for over a decade The debtors did not pay you for that debt. You well know the address of the XXXX XXXX
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| 10/17/2018 |
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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it appears there is a respa violation re pmi mo kickback scheme of 40 % plus alleged late fees being allegedly paid when upon default the pmi reinsurer paid XXXX when the servicer instructed me to default which caused a XXXX XXXX and additional emotional duress they have alleged XXXX is in a escrow account yet i am paying my property taxes directly to the assessor and there would not be any pmi mo or pmi mo late fee ... allegedly every mo the date is XX/XX/XXXX amt XXXX and XXXX ... total XXXX after 12 years..
XXXX would have paid XXXX upon default and the servicer instructed me to default XX/XX/XXXX which caused a XXXX XXXX and emotional duress thereafter since they allege they are paying the pmi mo this would indicate the respa violation is renewed so the statute has not expired.
it looks like they want to be compensated that XXXX amount if the judge should grant them a foreclosure which i am fighting and disputing since they forged all the docs see attached all their docs are forged and they have never verified their docs are legit ... which they aren't everything fabricated by XXXX XXXX and XXXX XXXX XXXX XXXX a person that alleged to be XXXX was actually a XXXX XXXX employee named XXXX XXXX ... passing himself off as XXXX the file shows who he is with and then after mediation he made a request for payment of fees ... i was forced to sign out under duress ... see attached file
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| 08/15/2022 |
Yes |
- Debt collection
- Mortgage debt
|
- False statements or representation
- Attempted to collect wrong amount
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|
Web |
Older American |
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URGENT ; ILLEGAL TRUSTEE SALE XXXX by XXXX XXXX XXXX in XXXX XXXX : XXXX I own a valuable property in XXXX CA. I have in my possession the Court Ordered Final Examiners report from the Washington Mutual bankruptcy 2008. In this report is goes into great detail how XXXX Bank stole information from XXXX 's data room. XXXX was denied any further access once it was discovered they were acting in bad faith during the FDIC receivership. XXXX SOLD ALL ASSETS to a private bank in XXXX XXXX XXXX week prior to the FDIC take over. I have an audit showing XXXX attached the wrong loan and wrong loan amount to my property. XXXX bank is foreclosing due to this fraud. The claimed payoff is $ XXXX, when XXXX XXXX stated only $ XXXX was owed. I have tried numerous times to settle. I've demanded a full accounting to support the claimed debt and was told that's not possible. XXXX bank does not own the note, nor can they support the claimed debt amount. I'm asking for Arbitration of the CFPB to clear up this matter of fraud against me and my property that XXXX caused when they stole information from XXXX 's data room.
Thank you XXXX XXXX XXXX XXXX
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| 07/31/2017 |
Yes |
- Debt collection
- Mortgage debt
|
- 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 Mortgage Company referred a debt to McCarthy Holtus without ever contacting me. When I discovered my mortgage payments were not made I attempted to make them right away. Mortgage company told me my home was already in foreclosure. When I contacted the public trustee 's office they confirmed my home was NOT in foreclosure.
McCarth Holtus told me file was too new and they had no information yet. They told me they would not accept my payment until after they filed foreclosure proceedings. I told them ( begged them ) to allow me to bring the loan current BEFORE filing foreclosure proceedings but they refused to accept any payment until they could add on additional legal fees not yet incurred, and also to file foreclosure proceedings against me.
They are aware that foreclosure has not been filed, fees have not been incurred and yet they refuse to accept payment in full until after they can assess fees and file legal proceedings against me.
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| 11/21/2023 |
Yes |
- Debt collection
- Mortgage debt
|
- Attempts to collect debt not owed
- Debt was paid
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|
Web |
Older American, Servicemember |
|
|
| 06/05/2023 |
Yes |
- Debt collection
- Mortgage debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
Older American, Servicemember |
|
|
| 05/03/2023 |
Yes |
- Debt collection
- I do not know
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
Older American, Servicemember |
|
|
| 11/28/2021 |
Yes |
- Debt collection
- Mortgage debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
|
| 11/22/2021 |
Yes |
- Mortgage
- Reverse mortgage
|
- Trouble during payment process
|
|
Web |
|
|
|
| 05/14/2021 |
Yes |
- Mortgage
- Conventional home mortgage
|
- Struggling to pay mortgage
|
|
Referral |
|
|
|
| 04/10/2020 |
Yes |
- Debt collection
- Mortgage debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 08/12/2019 |
Yes |
- Debt collection
- Mortgage debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 07/02/2018 |
Yes |
- Debt collection
- Mortgage debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Referral |
|
|
|
| 06/13/2018 |
Yes |
- Mortgage
- Conventional home mortgage
|
- Struggling to pay mortgage
|
|
Postal mail |
|
|
|
| 04/12/2018 |
Yes |
- Mortgage
- Other type of mortgage
|
- Trouble during payment process
|
|
Referral |
|
|
|
| 04/09/2018 |
Yes |
- Debt collection
- Mortgage debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
Servicemember |
|
|
| 04/05/2018 |
Yes |
- Mortgage
- Conventional home mortgage
|
- Trouble during payment process
|
|
Referral |
|
|
|
| 05/25/2017 |
Yes |
- Mortgage
- Other type of mortgage
|
- Trouble during payment process
|
|
Postal mail |
|
|
|
| 11/16/2016 |
Yes |
|
- Disclosure verification of debt
- Not given enough info to verify debt
|
|
Referral |
|
|
|
| 11/08/2016 |
Yes |
|
- Disclosure verification of debt
- Not given enough info to verify debt
|
|
Referral |
|
|
|
| 01/11/2016 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Referral |
|
|
|
| 12/08/2015 |
Yes |
|
- Disclosure verification of debt
- Not given enough info to verify debt
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Fax |
|
|
|
| 07/17/2015 |
Yes |
|
- Cont'd attempts collect debt not owed
- Debt is not mine
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Postal mail |
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