Product: Mortgage

I am a borrower who has been and is willing and able to pay his mortgage, who had proceeds available at the time of the payment and continues to have the more than ample proceeds to pay its mortgage. I requested and had counsel request, and begged you to take the necessary proceeds monthly to satisfy the mortgage. On numerous occasions, both I and counsel have notified the servicer as to its deficiency in deducting the necessary funds as agreed. I have provided 18 months of my monthly statements showing more than adequate funds to fund an ACH withdrawal which my counsel has referenced the first time you attempted to foreclose.. We have received confirmation that XXXX will deduct via ACH. After all that, with numerous communication, you come again with another attempt to foreclose improperly. This is a continued act of bad faith. 

Along with counsel, I have communicated to you effectively. We have instructed you as to where Notices should be sent, and we have instructed your counsel- we have done this 4 times. Please see again this letter as Notice of Improper Notice for Foreclosure. We have notified your dispute team and supervisors, only to have our questions and demands disregarded. You have ignored both verbal and written instruction from myself and counsel. You have ignored our request, and we can only deduce that your intent is willful and thus malicious. 

I simply want to pay my mortgage but your inexplicable refusal to deduct the money necessary to do so now subjects me to a risk of foreclosure. Your lack of response, charges of engineered late fees, denial of acceptance of monies without unwarranted fees to your benefit and manufactured attempted foreclosures to earn additional fees are all improper and illegal. Both from the borrower perspective, and for those who trust you to properly manage the mortgage where your fees are only increased for these acts and enriched improperly I have had this mortgage for 14 years and until XXXX serviced it, I never had an issue. Before this blatant disregard, I had over a credit score that was over XXXX, which now has been substantially damaged causing on-going cost and expense. This is egregious and should be investigated and corrected promptly. The lack of correction to these facts would confirm bad faith to me and I am sure multiple other consumers. 

There was a similar attempted wrongful foreclosure during XXXX of 2017. Please see multiple communications from myself and counsel, which includes where all proper notification should be sent : XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX. Under Georgia XXXX, this is another gross violation of law. We have sent this information three times and once by counsel to your counsel. I have included them as appendix to this letter. 

While we disputed the unwarranted fees, I paid them as you held us hostage in an effort to mitigate damages and additional legal expense. After paying all fees claimed. We disputed, only to have our on-going questions of reconcilement completely ignored. Whereby even supervisory employees of XXXX could not explain the reasoning. Both I and counsel have had more the 25 phone calls trying to get this rectified with no result or written explanation reconciling. 

I have had the proper money in escrow to satisfy the mortgage payments and do now. We ask that you immediately : Cancel foreclosure and accept full payment without fees Reinstate the Note Reimburse fees which wrongfully charged in XXXX of 2017 Notify your Credit and Error Resolution that any past payments were in error Acknowledge again that XXXX will consistently ACH from XXXX account ending in every month as agreed