| 10/16/2019 |
Yes |
- Debt collection
- Mortgage debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
PARTNERS FOR PAYMENT RELIEF instituted foreclosure proceedings on XX/XX/XXXX to enforce a promissory note in the form of a line of credit dated XX/XX/XXXX, made payable to the order of the Lender, XXXX XXXX, XXXX d/b/a XXXX, by executory process. The Note was in the original principal amount of {$35000.00} bearing interest at an adjustable interest rate and payable in consecutive monthly installments beginning XX/XX/XXXX. A demand letter was never received. When requesting evidence of this debt or any attempts to collect such debt. A demand letter dated XX/XX/XXXX was submitted and lacked factual basis, is fundamentally deficient, and is insufficient to satisfy the requirements for service of executory process. I never received the purported XX/XX/XXXX demand letter. The letter was apparently addressed to my parents address. A certified mail receipt Numbered XXXX XXXX XXXX XXXX XXXX that was attached to this pleading was never served. Instead, USPS records show that the mailing associated with Certified Mail # XXXX XXXX XXXX XXXX XXXX was directed to an unidentified address in XXXX, Louisiana in XX/XX/XXXX and returned toas undeliverable on XX/XX/XXXX. Furthermore, the petition is devoid of any evidence of any return receipt to overcome the evidence that the letter was never served. We were not served with any notice or demand related to PPR claims subject to this suit until XX/XX/XXXX, three weeks after the suit was filed and the property was seized and advertised for judicial sale. These defects in service are fundamental to nature of the obligation, and in light of the harsh nature of executory process.
On XX/XX/XXXX I entered a first mortgage payable to the order of the Lender XXXX XXXX, XXXX d/b/a XXXX, in the amount of {$48000.00} Also on XX/XX/XXXX, I entered a secondary mortgage loan/line of credit payable to the order of the Lender XXXX XXXX, XXXX d/b/a XXXX, in the amount of {$35000.00}. Both loans were marketed, presented, sold, and executed by XXXX as a packaged obligation securing the purchase of the property. I made its payments to XXXX XXXX, XXXX d/b/a XXXX following purchase of the home. As of XX/XX/XXXX no obligations due and owing to XXXX XXXX, XXXX d/b/a XXXX were in default.
On XX/XX/XXXX debtors were notified that XXXX XXXX XXXX XXXX ( XXXX XXXX ) had on XX/XX/XXXX replaced XXXX XXXX d/b/a XXXX as their mortgage servicer and that all payments once made to XXXX XXXX d/b/a XXXX would be made to Green Tree going forward. As directed, we updated payment methods, made no further payments to, and had no further communications or correspondence with XXXX XXXX d/b/a XXXX after XX/XX/XXXX. Actions on instruments, whether negotiable or not, and on promissory notes, whether negotiable or not, are subject to a liberative prescription of five years.Based on the foregoing, the Note in its entirety would have prescribed at minimum five years from the date of XXXX assignment, sale, and transfer to XXXX XXXX ( five years from XX/XX/XXXX ) and well before the filing of this current action unless prescription was interrupted, which it was not. Additionally, PPR fails to properly allege any changes in the interest rate of the variable rate interest Note or to itemize any interest accrued, including interest accrued after maturity, purportedly paid and fails to itemize any unpaid charges for insurance premiums or taxes paid or other advances for which Plaintiff purports to be entitled and contains no information concerning the escrow balance. The information concerning any escrow expenses must be set forth by verified Petition or Affidavits submitted therewith ( and not after the sale ) and must particularize the existence, date, and the amount of any alleged payments. The Plaintiff can not demand an award of unspecified expenses in unstated amounts. It can not, as here, demand an award of unspecified expenses in unstated amounts and leave various unspecified costs subject to whim after judicial sale. In addition, There are no endorsements on the Note.When requesting evidence of rights to said note, fraudulent documents were submitted with dates prior to an assignment even taking place. I am attaching documents for your reference.
Lastly, the assignment of Mortgages shows that on the same date XX/XX/XXXX XXXX XXXX Signed both as the Assistant Secretary of XXXX, the Authorized Signer for XXXX/XXXX XXXX XXXX, This complaint is Against XXXX, XXXX/XXXX, XXXX, Partners for Payment Relief, and XXXX XXXX XXXX
|
| 09/26/2017 |
Yes |
- Mortgage
- Conventional home mortgage
|
- Struggling to pay mortgage
|
|
Web |
|
|
Partners for Payment Relief purchased our second mortgage while we were paying a " modified '' payment to our lender, XXXX then later sold to XXXX. I went to pay both my first and second one day over the phone and they told me " we cant accept your payment on the second loan any longer, it has been written off, but we can still accept your payment on your first loan ''. We assumed we finally got the modification we had been applying for of principle reduction. A year later, in XXXX we got a letter from Partners for Payment Relief stating we owed them {$18000.00} and demanding a lump sum. We called the number and the guy that answered was rude and would n't accept any " modified '' payment. He wanted to full amount. So we decided to short sale our home since we could n't come up with the amount he wanted from us. After having our house for sale for a year, and two buyers going through the process of offers and waiting we finally were going to close in XXXX of XXXX, the title company called our agent and told us Partners for Payment Relief had already foreclosed on our house the year prior, and waited 12 months to record it, so it did n't show up earlier. Since Partners for Payment Relief did not do the notifications and everything correctly, that act flawed our title and we were not able to reconvey title to anyone. Shortly after we received notice from our first mortgage, now through XXXX that if we continue to pay, everything will work out. So we continued to pay. We have had several attorneys tell us this is a huge fight in front of us to win, and we should just cut our losses. It just seems wrong that someone can remove you from your title, without you even knowing, All along we 've been paying the taxes, and all of that through our escrow, with no notice at all. On top of that, they applied a new lien to the property of {$75000.00} to cover their legal expense. It 's crazy. XXXX also has been collecting our mortgage payments and escrow payments all along, knowing we did not own the property any longer.
|
| 07/10/2015 |
Yes |
|
- Cont'd attempts collect debt not owed
- Debt was discharged in bankruptcy
|
|
Web |
|
|
I was notified that Partners for Payment Relief ( PPR ) had obtained a copy of my credit report. I have not authorized PPR to request and obtain a copy of my credit report. I have provided PPR formal notice to cease unauthorized inquiries ( made XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX ) into my credit report. They failed to respond to my demand to remove the improper inquiries or provide any document that authorized them to make inquiries into my credit report.
I contacted PPR on XXXX XXXX, XXXX and notified them the debt was discharged in Federal Bankruptcy Court ( XXXX ) and any attempts at collection ; including credit report inquiries is a violation of Fair Debt Collection Practices and Fair Credit Reporting Act ( s ). They assured me in our conversation on XXXX XXXX they would not request my credit report in the future. on XXXX XXXX, XXXX they pulled my credit report again.
I have no legal ownership interest in the property which they are attempting to collect.
The mortgage holders ; XXXX XXXX and XXXX Mortgage affirm they are NOT pursuing any claims against the property or discharged mortgage. In addition they avowed they have not retained or authorized PPR to obtain my credit report or act on their behalf in any attempt to collect on a debt.
I have provided PPR documentation of the mortgage discharge in federal bankruptcy court as well as the recorded deed showing I have no ownership rights in the property.
PPR is prohibited by federal bankruptcy law to attempt to collect on the discharged debt, is not an agent of the mortgage holders, is only permitted action against the property in which I have no ownership right and I have not authorized them to obtain my credit report. As a result they have no legal right to request and obtain a copy of my credit report and refuse to cease and request the credit bureaus where they obtained the reports remove record of the inquiries.
|
| 01/31/2017 |
Yes |
- Mortgage
- Home equity loan or line of credit
|
- Loan modification,collection,foreclosure
|
|
Web |
Older American |
|
I am hereby requesting your attention and assistance in resolving the conflicting issues on the second mortgage as depicted in the sequence of events listed below. We have been contacted with overlapping claims from several companies on the second mortgage ( HELOC ).
Chronological sequence of events : 1. Acquired mortgage from XXXX XXXX on XXXX XXXX.
2. XXXX XXXX XXXX sold the first and second mortgage to XXXX.
3. XXXX XXXX,, XXXX XXXX sold the first mortgage to XXXX who then transferred loan servicing to XXXX XXXX. The first mortgage was restructured and continues to be serviced by XXXX XXXX. XXXX retained the second mortgage ( HELOC ).
4. XXXX XXXX, XXXX The HELOC was discharged according to my credit report.
5. XXXX XXXX, XXXX XXXX sent " offer to satisfy '' letter for the HELOC.
6. XXXX, XXXX XXXX filed for Chapter XXXX.
7. XXXX XXXX, XXXX XXXX sold the HELOC to XXXX for servicing as a result of the Chapter XXXX.
8. XXXX XXXX, XXXX XXXX letter informed me that the HELOC was " charged off '' according to records acquired from XXXX.
9. XXXX XXXX, XXXX XXXX issues an Assignment of Mortgage to XXXX.
10. XXXX XXXX, XXXX XXXX assigns Power of Attorney to XXXX. XXXX XXXX, XXXX XXXX transfers servicing to XXXX XXXX XXXX XXXX, XXXX. Shortly after, XXXX XXXX XXXX XXXX, XXXX transfers servicing to XXXX.
11. XXXX XXXX, XXXX XXXX issues an Assignment of Mortgage to Partners for Payment Relief.
12. XXXX XXXX Our attorney send a letter to the attorney representing Partners for Payment Relief in an attempt to reach a settlement, although the last payment on the XXXX, XXXX XXXX, is past the 6 years Statutes of Limitations. Our attorney reached again in XXXX XXXX. No formal response has been received from Partners for Payment Relief to this date.
13. Our attorney is formulating a legal Quit Title in order to clear the clouded title as a result of the second mortgage.
|
| 10/08/2021 |
Yes |
- Mortgage
- Other type of mortgage
|
- Trouble during payment process
|
|
Web |
|
|
I am trying to refinance my first mortgage and the title examiner found a security deed on my title to a company I know nothing about. Supposedly I took out a {$48000.00} second mortgage on XX/XX/XXXX between myself and XXXX XXXX XXXX, XXXX. They are no longer in business, also the attorney who did the transaction XXXX, XXXX, and XXXX are no longer in business. There was another transfer of deed from XXXX XXXX to XXXX for XXXX XXXX XXXX done on XX/XX/XXXX but their MERS is inactive so is the contact phone number XXXX. My current closing attorney, my loan officer, and myself have gone to their website XXXX XXXX XXXX which is only one page and all you can do it enter your name and email for them to contact you back. No one has contacted any of us even after repeatedly requesting information over the past month. Again this is not a debt I ever signed for, there is no reference to it on my credit report and I would never have known about it had I not tried to refinance my current mortgage so I need guidance on how to get it removed from the title of my home.
|
| 02/27/2017 |
Yes |
|
- False statements or representation
- Impersonated an attorney or official
|
|
Web |
|
|
On XXXX/XXXX/XXXX, debt collector accessed my credit without my permission and claimed reason was for real estate application. I never submitted a request for credit application with debt collector. I made contact with company used to access credit and was referred to their Compliance Dept. on XXXX/XXXX/XXXX. Then was told that inquiry could be removed but only if I sent them a copy of my Driver 's License and social security card or a XXXX that shows my social security number.
Company : XXXX/Partners for Payment Relief XXXX : XXXX XXXX XXXX Person whom I spoke with at XXXX is XXXX XXXX XXXX ) XXXX In XXXX XXXX debt collector filed a Notice of Default with County Recorders Office, to foreclose on property. I would like the inquiry to be removed from my credit. The Notice of Default was proper procedure for this type of debt collection, not an unlawful/deceptive access into my credit for any reason not authorized.
Thank you.
|
| 07/29/2017 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
|
- Trouble during payment process
|
|
Web |
Older American |
|
Received a Subsequent Interest Rate Adjustment statement addressed to my Deceased husband from XXXX XXXX XXXX. I do not recall loan. I requested a QWR. XXXX requested Affidavit of death of joint tenant. Letters Testamentary, admin or other probate Related docs. Sent reply I do not have those documents as there was no estate, Now I have Received a Statutory Payoff Letter from lawyer. Creditor listed as Partners for Payment Relief. I now sent QWR request with death certificate to PPR.
My husband passed away in XXXX and their demands for payment stated in XXXX. Rate increases .25 per month presently at 5 % max is 17 %.??? I need advice asap as I think foreclosure has been started.
|
| 10/29/2019 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
|
- Applying for a mortgage or refinancing an existing mortgage
|
|
Phone |
|
|
|
| 10/11/2018 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Referral |
|
|
|
| 08/17/2018 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
|
- Struggling to pay mortgage
|
|
Web |
|
|
|
| 11/10/2017 |
Yes |
- Mortgage
- Other type of mortgage
|
- Struggling to pay mortgage
|
|
Web |
|
|
|
| 03/30/2017 |
Yes |
- Mortgage
- Conventional adjustable mortgage (ARM)
|
- Loan servicing, payments, escrow account
|
|
Web |
|
|
|
| 12/21/2016 |
Yes |
- Mortgage
- Conventional adjustable mortgage (ARM)
|
- Loan servicing, payments, escrow account
|
|
Web |
|
|
|
| 06/20/2016 |
Yes |
|
|
|
Referral |
|
|
|
| 08/07/2015 |
Yes |
- Mortgage
- Conventional fixed mortgage
|
- Loan servicing, payments, escrow account
|
|
Web |
|
|
|
| 08/06/2015 |
Yes |
|
|
|
Postal mail |
|
|
|
| 05/14/2015 |
Yes |
|
- Disclosure verification of debt
- Right to dispute notice not received
|
|
Web |
|
|
|
| 04/22/2015 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Referral |
|
|
|
| 02/17/2015 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Fax |
|
|
|
| 05/30/2014 |
Yes |
|
|
|
Postal mail |
|
|
|
| 03/26/2014 |
Yes |
|
|
|
Postal mail |
|
|
|
| 03/10/2014 |
Yes |
|
- Cont'd attempts collect debt not owed
- Debt was discharged in bankruptcy
|
|
Web |
|
|
|
| 01/15/2014 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Referral |
|
|
|
| 12/10/2013 |
Yes |
|
- Taking/threatening an illegal action
- Seized/Attempted to seize property
|
|
Phone |
|
|
|
| 12/06/2013 |
Yes |
|
- Taking/threatening an illegal action
- Seized/Attempted to seize property
|
|
Web |
|
|
|
| 08/22/2013 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Referral |
|
|
|
| 07/25/2013 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Web |
Older American |
|
|
| 07/18/2013 |
Yes |
- Mortgage
- Conventional fixed mortgage
|
- Loan modification,collection,foreclosure
|
|
Phone |
|
|
|
| 06/14/2013 |
No |
|
- Loan modification,collection,foreclosure
|
|
Web |
|
|
|
| 12/13/2012 |
Yes |
|
- Loan modification,collection,foreclosure
|
|
Referral |
|
|
|
| 11/26/2012 |
No |
|
- Loan modification,collection,foreclosure
|
|
Referral |
|
|
|
| 06/20/2012 |
No |
- Mortgage
- Home equity loan or line of credit
|
- Loan modification,collection,foreclosure
|
|
Web |
|
|
|