Consumer complaint received 2023-02-15
Company: NORTH HIGHLAND HOLDING COMPANY LLC, THE
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
I write to request ( CFPB ) Consumer Finance Protection Bureau take enforcement action against the eight companies and persons ( FL Bar attorneys ) I report violating the laws related to Fair Debt Collection Practices Act ( FBCPA ), Bankruptcy Stay and Bankruptcy Discharged Debts Collections to remedy the harm to myself. 




I have unsuccessfully tried to fix the issue with each Creditor/ Servicer. Thus, on XX/XX/XXXX, I filed Eight ( 8 ) complaints individually with Consumer Financial Protection Bureau ( CFPB ). The complaints are filed separately, but they are all linked and dependent on each. In other words, it is a complaint to report collusion, corruption, abuse, ill-will related to the Florida Department of Economic Opportunity Homeowners Assistance Fund Program application I submitted on XX/XX/XXXX, the creditors, and their attorneys. 

I am reporting ( 8 ) Eight NON-DUPLICATE SEPARATE COMPLAINTS of unfair, deceptive, abusive, and law-breaking practices of eight companies involved in the process of my application submitted on XX/XX/XXXX to The Homeowner Assistance Fund ( HAF ) operated by The Florida Department of Economic Opportunity ( FL DEO ). toThe Homeowner Assistance Fund ( HAF ) operated by The Florida Department of Economic Opportunity ( FL DEO ). 

" The Homeowner Assistance Fund ( HAF ) was established under Section 3206 of the American Rescue Plan Act ( the ARP ) of XXXX '' to provide " financial assistance to Florida through the United States Department of the Treasury ( Treasury ). The purpose of the HAF is to mitigate financial hardships associated with the COVID-19 pandemic by preventing homeowners ' mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacement. The Florida Department of Economic Opportunity ( DEO or the Department ) has been designated to manage and operate the HAF on behalf of the state of Florida. '' The eight companies involved are breaking laws related to Fair Debt Collection Practices Act ( FBCPA ), Florida State Bankruptcy Stay, and Bankruptcy Discharged Debts Collections. The consequence of their collective unfair, deceptive, abusive practices from XX/XX/XXXX through today, XX/XX/XXXX, will result in homelessness and displacement due to homeowners ' mortgage delinquencies, defaults, and foreclosure, with unnecessary high legal fees. Confirmation eligibility and approval o

f FL DEO HAF plan financial assistance was to mitigate loss. The eight companies involved I am submitting complaints for are : self vs. FL DEO Homeowner Assistance Fund  Plan selfvs. PNC BANK selfvs. LOGS Legal Group selfvs. Miami Management , Inc.

selfvs. Becker & Poliakoff selfvs. K.W. Property Management & Consulting ( KWPMC ) selfvs. Association Law Group ( ALG ) selfvs. North Highland The Reason for the Complaints : Debt Collection The Type of Debt : Mortgage and Other debt related to homeownership ( Mortgage Payments, Homeowners Insurance, Homeowners Taxes, Homeowners Association Maintenance Fees, and Legal Fees ) The problems I am having : Attempts to collect debt not owed ( legal fees debt was discharged in bankruptcy ) Unresponsive Disputes in Writing to correct the amount owedafter debts were discharged in bankruptcy. 
False statements or representation ( trying to collect the wrong amount since including debts discharged in bankruptcy ). Also, charging legal fees during bankruptcy automatic stay period from XX/XX/XXXX to XX/XX/XXXX. 
Took or threatened to take negative or legal action ( threatened to sue, seize property, collect exempt funds, damage your life- make me homeless ). 

FL DEO, in writing and verbally, informed late XX/XX/XXXX I met the Prioritization Requirements of Eligible Homeowner : '' Qualified Financial Hardship '', " Socially Disadvantage '', " Tier 1 '', and " FHA Loan '' and was approved to receive the maximum per household {$50000.00} financial assistance structured as a non-recoursegrant. 

I personally communicated in writing to all companies involved about notice of eligibility for the FL DEO HAF Program in late XX/XX/XXXX and XXXX XXXX Bankruptcy filed XX/XX/XXXX by Attorney in United States Bankruptcy Court - XXXX XXXX of Florida. 

I complied, and continue to comply, with the requirement " The homeowner must provide all necessary documentation to satisfy program guidelines within timeframes established by DEO, including self-certification or attestation of income and Socially Disadvantaged Individual status, as applicable. 

Moreover, in XXXX, a FL DEO Case Manager Supervisor asked me to grant authorization to speak directly with the creditors/servicers. In addition to being actively involved, I delivered on the request in writing and informed all parties involved of the approval in hopes of expediting the payment disbursements. 

Key dates I submitted complete sets of ( a ) Mortgage Reinstatement Letter, ( b ) MASTER Homeowner Association Payoff Letter, and ( c ) XXXX XXXX XXXX XXXX Payoff Letter, as requested by FL DEO HAF : ( 1st set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 2nd set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 3rd set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 4th set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 5th set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 6th set ) XX/XX/XXXX - valid thru the end of XXXX figures amount is below {$50000.00} The 6th set of Mortgage Reinstatement and Payoff Letters TOTAL AMOUNT for FL DEO is {$47000.00} FL DEO HAF Please pay as follows : {$39000.00} XXXX XXXX XXXX XXXX XXXX {$5600.00} XXXX XXXX XXXX XXXX {$2000.00} XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
{$47000.00} XXXX  XXXX FL DEO, as of today, XX/XX/XXXX, has yet to disburse Mortgage Assistance Program payments for mortgage loans, property taxes, insurance, HOA 's ( Homeowner Association ) maintenance fees, including applicable late charges, directly to lenders, loan servicers, or HOA 's. 

The delay since XX/XX/XXXX resulted in the attorney 's representing each Creditor billing excessively despite being protected by the BANKRUPTCY AUTOMATIC STAY period knowing the property was exempt. I filed requests to dispute the legal fees and was not receiving responses to grievance and legal fees disputes. Thus, legal fees were included and discharged in the Bankruptcy. 

After XX/XX/XXXX, Bankruptcy Discharge, I asked the three attorneys to provide separate letters : Mortgage Reinstatement Letter and SEPARATE Detailed Legal Charges Invoice. Likewise, I asked for each Condo Homeowner Association Payoffs Letters and SEPARATE Detailed Legal Charges Invoices. That is, I requested SEPARATE Mortgage Reinstatement Letter, Condo HOA 's Payoffs Letters, and Detailed Legal Fees separate XXXX XXXX, XXXX, and XXXX XXXX  XXXX. All three Legal firms declined. They stated they will not separate the legal fees charges, nor provide Detailed Legal Invoices with Date, Description, Amount, etc. despite having Bankruptcy Court Discharge Document. 

Although XXXX XXXX, XXXX XXXX  XXXX, and ( XXXX ) XXXX XXXX XXXX acknowledge receiving from me the Court 's Bankruptcy Discharge file, all attorneys have declined to provide separate detailed invoices. The attorneys representing the creditors are attempting to collect the wrong amount. Legal Fees debts were discharged and are no longer owed. 

By denying the request for separate Letters and Invoices, the amount exceeds {$50000.00}. 

Moreover, FL DEO HAF Case Manager Supervisor for Foreclosure Properties are not cooperating to move application to completion after, as per their request, I authorized in XX/XX/XXXX to communicate with the creditors and their attorney directly. I continue to be actively involved in writing, but I am unsuccessful in speaking with the Case Managers Supervisors. Despite my timely and complete submission of the documentation requested, I am at risk of homelessness.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation