Consumer complaint received 2023-05-24
Company: Idaho Housing And Finance Association
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Without prejudice, the company HomeLoanServ is and has been harassing me for the past 3 years in regards to a mortgage loan and are now attempting another foreclosure attempt on my property if I do not pay them within the next 35 days. I have claimed fraud in the past and have now compiled enough evidence for the Consumer Financial Protections Bureau to hold an investigation, proving without a shadow of a doubt, the company has been extorting me, and now that I have recently completed my investigation that my assumptions regarding the company were true, I have evidence from the State that the company, never has infact held any perfected, legal, legitimate interest in the property, and that they do not in fact have any interest in the property by proxy. The company is practicing predatory lending, unaccredited, and is part of a large web of organized, white collar criminals, preying on innocent homeowners with fraud for profit. 

I have contacted, and confirmed with the Texas Secretary of State UCC office, and they have no perfected lien filed, no UCC Filing Statements filed, and nothing recorded at the county level in XXXX XXXX XXXX XXXX XXXX XXXX, and HomeLoanServ has no record of any debt recorded under my name, or property and this entire time I have been terrorized, family ruined, unable to work and, I have been scammed, and my entire life turned upside down on a fraudulent real estate transaction by predatory lenders, as a first time homeowner. 

The company HomeLoanServ conspired to trick me into an unlawful agreement and consent, and has made their claim of interest towards the property merely by invasively accessing my tax records before I could, stating they are paying the taxes as part of escrow, but when I visited the tax office in person in downtown XXXX, Texas, the clerk said to me anyone can pay the taxes but that does not give them any rights to the property. This one deceptive action is what made me believe they had interest when they never did. 

The company has stolen my identity and used my information, and accessed my information to infiltrate these various organizations to appear to be my mortgage company, but this was all done in complete fraud and used as a way to attempt to swindle me out of my property. When I questioned them, and protested, and disputed the amount, I was met with threats of foreclosure, and given I was not familiar with real estate that much, I was terrified and was then their slave. The amounts fluctuated, the terms adjusted, but I was a XXXX. This caused me great anxiety and stress and ultimately caused me to lose everything, my family, my career, and my physical and mental health. 

The company HomeLoanServ, has repeatedly sent me documentation claiming that they are the legitimate lender, mortgage servicing company, and now they are claiming to be a debt collector. 
The company is acting in fraud and using deceptive practices to intimidate me and try to force me into foreclosure again. They attempted to foreclose on the property in the past Notice of Foreclosure, forging documentation Assignments, using fake names, and people XXXX XXXX and are trying again and I can not deal with this anymore. I had no choice but to try and work with the company because I was a first time homebuyer and had no idea how the process worked but now I am aware of my rights, and the fraud that has taken place and I am notifying the Consumer Financial Protections Bureau, the Federal Trade Commission, and all government and regulatory agencies of this company and the crimes that they have committed against me and authorizing immediate administrative enforcement for the crimes committed and a detailed report regarding the findings, including but not limited to, the investigation notes, a forensic analysis of the documentation presented by both parties, and the final determination. Under The Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat. 2092 ( 2010 ) I am attaching evidence of 1 ) mail fraud, 2 ) forgery, 3 ) falsifying documentation, 4 ) harassment, 5 ) backdating documents, 6 ) defamation of character, 7 ) fraud for profit, 8 ) extortion, 9 ) trust fraud, 10 ) bifurcation, 11 ) deprivation of rights, 12 ) malfeasance in office, 13 ) numerous banking crimes, 14 ) Notary fraud, 15 ) mortgage fraud, dozens of Uniform Commercial Code Violations, USC violations, and the Fair Debt Collection Practices Act, specifically : *802 Congressional findings and declarations of purpose ( a ) Abusive practices.

*805 Communication in connection with debt collection ( c ) Ceasing communication *806 Harassment or Abuse, *807 False or Misleading representations, *808 Unfair practices, *809 Validation of debt *821 Furnishing certain deceptive forms The company is to verify or dispute all the allegations made regarding the violations and any allegations therein of this Admissions Requests. This will serve as the best way to verify the complaint.

No signed contract exists between I and HomeLoanServ and they shall have no contract, and never will, and they, along with their parent shell company, Idaho Housing and Finance Association, and the original lender XXXX XXXX XXXX XXXX XXXX XXXX ( fraud ), and the XXXX XXXX XXXX  XXXX, conspired against the first time homebuyer in fraud for profit. 
Admit, I was a victim of fraud and tricked into paying for a property I had already owned as collateral to issue out any security interest.

Admit, I was fooled and lied to at closing by the title company, and not provided full disclosure to the contract and the entire transaction was made to discriminate against me with improper grammar, syntax errors, misleading language, illegal provisions. 
Admit, the company HomeLoanServ only mails generic letters, none of which are signed by an actual member of staff, meaning, none of the documentation is authenticated and is not enforceable by law in any court or jurisdiction. 
Admit, none of my considerations, requests, questions, or concerns in the many letters I have written are addressed or answered by a member of the company with a name and signed. 
Admit, if HomeLoanServ and I did have a securities interest contract ( which we dont ), this would be a breach of the contract, thus making it void in the first place. 
Admit, breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations. Due to the frequency of breaches of contract, a robust body of law has grown to resolve the ensuing disputes. 
Admit, the overarching goal of contract law is to place the harmed party in the same economic position they would have been in had no breach of contract occurred. As a result, the default remedy available for a breach of contract is monetary damages. 
Admit, consideration is a promise, performance, or forbearance bargained by a promisor in exchange for their promise. Consideration is the main element of a contract. Without consideration by both parties, a contract can not be enforceable. For instance, if a person used the money to purchase an apple, the apple is the merchants consideration, and the money is the persons consideration. 
Admit, I does not and have not consented to any of the offers of fraud, only by being lied to, threatened, fooled, and force and given there is no statute of limitations on fraud, any implied, perceived, tacit, stated or unstated agreement that we may have had, made in fear, ignorance, or through deceptive means and fraud, is now, and forever void, and retracted. 
Admit, the company, HomeLoanServ has stolen thousands of dollars from I, on a lie and stolen government funds from programs designed to assist homeowners in their time of need.

Admit, ANY contract that may have been assigned illegally, under the table, is now voided.

Admit, I has requested a perfected lien numerous times over the past few years and never received one, and if the Consumer Financial Protections Bureau is unable to get one, then your office has no choice but to rule in my favor or you will be in malfeasance in office, willfully negligent, and you will be aiding and abetting criminals against the United States of America, which is Treason, and violating your oath which is perjury. 
Admit, a UCC Financing Statement : Perfection can be obtained by a creditor by filing a UCC Financing Statement with the Secretary of State. 
Admit, a qualified financing statement should include : Debtor and secured partys name, Collateral describing, and A creditor or other person authorized by the debtor in their security agreement files it.

Admit, the company HomeLoanServ has not provided a qualified financing statement.

Admit, if there are some errors or omissions that do not comply with the above requirements of the UCC, the financing statement may still be effective unless such mistakes make the statement substantially deviating and seriously misleading. 
Admit, as the only party in possession and control of the property, I, I, solely hold the only perfected security interest and reserve all my rights to the property at XXXX XXXX XXXX XXXXXXXX XXXX XXXX, Texas, XXXX. 
Admit, the company HomeLoanServ conspired and stole, and forged the Notes, and forged Is name on the Note, in company of the other predatory lenders that will be filed on it as well.

Admit, the company HomeLoanServ, has acted as though they are the 1. mortgage company and 2. the mortgage servicers and 3. Debt collector. ( see attachments ) Admit, when the property was attempted to be foreclosed on I, HomeLoanServ was nowhere to be found on the documentation as a debt collector and they used another debt collector, XXXXXXXX XXXX XXXXXXXX. 
Admit, HomeLoanServ is an out of state company as a shell company to evade liability, using deceptive trade practices named Idaho Housing and Finance Association. 
I confess that I have paid them but it was in ignorance and fraud and under threat and duress in fear of losing my home and having numerous correspondences requesting authenticated statements of accounting and all those actions were made in fraud. 
Admit, the company HomeLoanServ attempted to make I actually sign a promissory note, during a loan modification, notarized in an attempt to give them interest in the property.

Admit, the company HomeLoanServ has stolen my identity and made bonds in the background utilizing my information using my trust information.

Admit, the company HomeLoanServ has also committed fraud against the government by taking my online payments and taking the payment coupons as well and redeeming them, essentially double dipping the payments and pocketing the money.

Admit, the company HomeLoanServ has not reported all earnings to the Internal Revenue Service for the payments I have made and the bonds created to my knowledge from the numbers that have been missing or wrong. 
Admit, under UCC 3-104. NEGOTIABLE INSTRUMENT. ( a ) Except as provided in subsections ( c ) and ( d ), " negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time ; Admit, under protest, threat and duress, I sent the company a conditional acceptance letter and a negotiable instrument as tender of payment coupon from their mortgage coupon for the value of {$420000.00} ( XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ) in error, in an attempt to pay the debt, certified mail that was endorsed on the back to cover the alleged loans, and requested that they either accept it or send it back and it was accepted and not returned. 
Admit, I sent another negotiable instrument as a tender of payment coupon from their mortgage booklet for the value of {$200000.00} ( XXXX XXXXXXXX XXXX XXXX XXXX ) certified mail, return receipt, with a conditional acceptance contract that I signed and notarized and was delivered certified mail, with a return receipt sign accepting the payment and the offer, in order to have them cease all harassment. 
Admit, according to UCC 1-308.

Admit according to UCC 3-603.

Admit, if tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
Admit, numerous attempts were made to tender payment the company in fear and arranged for them to be paid off to get the company out of my life because I did not have enough time to think of a better strategy to prevent them from attempting to steal my home again and the payment coupon was accepted with the contract and they kept the payment coupons. 
Admit, the company HomeLoanServ redeemed both coupons and still turned around and asked me to pay them or they will foreclose on my property instead of updating their accounts.

Admit, the company HomeLoanServ is to complete a " Request for an accounting '' Admit the company HomeLoanServ is to complete a " Request regarding a statement of account ''.

Admit, I has sent letters requesting they cease and desist and they ignore the letters and continue to harass me and I have all the scanned copies attached, along with the envelopes and postmarks.

Admit, the company, HomeLoanServ has yet to produce not one single shred of evidence that can be authenticated by a member of staff or the executive team, verified by Notary, and enforceable by the government or any court to prove that we have a financial relationship.

Admit, HomeLoanServ works by using intimidation and fear by filing frivolous foreclosure nonjudicial documentation with XXXX XXXX XXXX that does not verify the information. 
Admit, the company had a member of their team, pose as a member of another company and had their own XXXX, XXXX XXXX, notarize the Assignment document, which is fraud. 
Admit, the only thing that HomeLoanServ can provide are forged, unsigned, unauthorized, doctored, falsifying documentation, which serves more than anything else that they are a fraudulent company and conspiring with the other parties to drain my trust and to steal the property after writing bonds against the trust. 
Admit, the company HomeLoanServ is not even registered to do business in Texas. 
Admit, the company HomeLoanServ is not accredited according to the XXXX XXXX XXXX which means they have no business even attempting to engage in lawful commerce with the consumer protected by the Consumer Financial Protections Bureau, and now that the agency has been notified, it is the duty of the investigative staff and the Director, XXXX XXXX, to do an investigation into this company and ensure that the proper enforcement action is taken to protect consumers from them in the future. 
Admit, the company HomeLoanServ, has an F rating with the XXXX XXXX XXXX

Admit, the company HomeLoanServ has literally sent I, numerous letters to intimidate me in the last 7 days, with different amounts due. 
Admit, the company HomeLoanServhas no rights to the property and is threatening the property owner with foreclosure. 
Admit, the Company, HomeLoanServ stole money from the XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX. 
Admit, none of the numbers add up and the accounting is in two separate ledgers, one for HomeLoanServ and one for Idaho Housing and Finance Association. 
Admit, the starting balance on the company HomeLoanServ accounting is not the same as the amount on the contract I signed according to their ledger. 
Admit, the Statement of Account was sent certified mail, return receipt, notarized, addressed to HomeLoanServ Chief Executive Officer, XXXX XXXX XXXX XXXX, and the next week I received a threat of foreclosure. 
Admit, if the consumer notifies the debt collector HomeLoanServ in writing within the 30-day period described in 209 CMR 18.20 ( 1 ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 
Admit, a debt collector shall provide to a consumer or any attorney for a consumer within five business days the following : ( a ) All papers or copies of papers and electronic records, in the possession of the debt collector which bear the signature of the consumer and which concern the debt being collected ; and ( b ) A ledger, account card, or similar record in the possession of a debt collector, whether paper or electronic, which reflects the date and amount of payments, credits, and charges concerning the debt.

Admit, the failure of a consumer to dispute the validity of a debt under 209 CMR 18.20 may not be construed by any court as an admission of liability by the consumer.

I am ordering for an immediate investigation of the facts presented and for the company to confirm or deny each matter. After they respond and confirm, if they are found to be in fraud, I am ordering that the Consumer Financial Protections Bureau file handle the matter against the company, with the appropriate enforcement actions.

Company response to consumer: Closed with explanation