Consumer complaint received 2023-07-14
Company: McCalla Raymer Leibert Pierce, LLC
State: GA
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:
This complaint is concerning the joint actions of individuals to exploit a single financial contract originated in XXXX by XXXX XXXX XXXX XXXX recorded and identified as # XXXX in XXXX XXXX XXXX XXXX of the XXXX XXXX Georgia Land records . These individuals and entities deliberately ignore the multiple ways this transaction is completely void and uncollectible. 
Without rehashing the 17 year history of fraud and exploitation linked to this one single transaction that can and has been tracked and documented, I will state the key points that make the identified transaction void and uncollectible. 
Conformation of Rescission received at XXXX on XX/XX/XXXX This transaction has been fully paid multiple times. 
At no time has any servicer or representative sent a letter or request for payment on loan # XXXX, yet this is the deed being presented as being in default. 
XXXX demanded payment on loan # XXXX XXXX was made to surrender their mort. License for their fraudulent mortgage servicing files and practices. 
-XXXX XXXX XXXX XXXX demanded payment on loan XXXX XXXX XXXX XXXX is currently under consent orders again for a list of indiscretions too long to list, all mortgage related. 
XXXX XXXX sent letters demanding payment on loan # XXXX First, the identified transaction # XXXX was lawfully rescinded XX/XX/XXXX XXXX XXXX ( per Georgia and Federal law ) confirmation of delivery retained and all parties involved in this scheme have full knowledge of this fact. Transaction # XXXX was but 1 of 2 transactions rescinded to terminate the failed agreement with XXXX in XXXX. Notice is all that was required with XXXX in XXXX to terminate the contracts. Tila Rescission is a statutory law to provide a private, non-judicial process to rescind mortgage loans. This is no secret to those addressed in this complaint. 
Rescission may create a controversy and in this case XXXX could have filed suit to have a court settle any alleged controversy in XXXX, but XXXX did not. 

Secondly, The Security Deed and related NOTE identified by transaction # XXXX recorded XX/XX/XXXX in XXXX XXXX XXXX XXXX has been fully and legally satisfied by payment being received and applied to the transaction on XX/XX/XXXX in the amount of {$130000.00} ( {$130000.00} in Principal and {$4100.00} interest ) leaving NO remainder. In NonJudicial Foreclosure states servicers have no fear of ignoring the statutory law of rescission. Payments become extortion, if you don't pay, they foreclose. 

The transaction history sheet of loan # XXXX from XXXX has been provided to XXXX, XXXX XXXX XXXX XXXX, and the law offices of McCalla Raymer Leibert Pierce as they presented themselves to be representing XXXX XXXX, the servicer of a trust by the name of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . 

Tracing the most recent bogus chains of title we start with the fabrications of XXXX XXXX with the aid of XXXX. XXXX presents as a servicer for XXXX XXXX and demands that I pay on Loan # XXXX. Immediately, I got successive letters from XXXX denying a request that I never made, because I had no affiliation at all with XXXX. I asked XXXX to verify this debt and loan # XXXX they were demanding payment for and they sent a copy of the deed recorded and identified as Loan # XXXX, which is the deed and note I have record of as being fully paid. 
After 10 years of refusing to file the cancellation of # XXXX XXXX records two successive assignments to facilitate the attempted theft of my property by XXXX XXXX as the servicer for XXXX XXXX. 

Unfortunately, transaction # XXXX with all of its flaws and fabrications was bundled and sold to XXXX as a whole loan transaction XX/XX/XXXX. The absence of transparency in the mortgage industry hid the knowledge of XXXX having purchased the bogus transaction from me until about XXXX. Once I was aware of XXXX involvement from that point forward I maintained direct dialogue with XXXX to gain information pertaining to what took place with the transaction. This is reason # 1 why XXXX did not acquire this transaction through its purchase of some of XXXX assets. XXXX was kind enough to send written confirmation of their purchase date and at most XXXX would have only been a servicer if the contracts had not been rescinded. 
My primary work was with the XXXX XXXX XXXX XXXX since the XXXX and during the early and mid XXXX I was also a XXXX XXXX XXXX and working as XXXX on a team tasked with addressing the concerns of laws enacted to shore up the housing market and the economy. XXXX XXXX XXXX XXXX had a limited POA that was no longer valid when XXXX filed those unlawful claims of ownership that contradict XXXX claim of ownership of transaction # XXXX. 
XXXX direct became the only reliable source of information pertaining to transaction # XXXX and its true history. I requested the complete loan file to audit and was shocked at the ridiculous information that was submitted on the loan application and that was supposed to have been completed by me and obviously was not. 
I knew the information from XXXX XXXX was absolutely false. However, I needed current confirmation of no balance owed to XXXX XXXX since XXXX XXXX says in their correspondence that they are collecting on behalf of XXXX XXXX. The loan was unknown to me and unrecorded. 
XXXX XXXX was kind enough to research not only the XXXX account number and XXXX recorded number ( XXXX ) that was associated with the aforementioned Deed in question, they also searched for the alleged loan number of XXXX XXXX ( # XXXX XXXX and there was nothing to be found. Then we requested a search using the property address and no debts of any kind related to the property address of XXXX XXXX XXXX XXXX XXXX GA XXXX were found. XXXX XXXX stated and confirmed they had no interest in my property. I provided a very long list of correspondence and contacts from prior years that contradicted what XXXX XXXX was claiming to support my claims of wrongdoing being done in the name of the XXXX and a XXXX supervisor was quite willing to assist me. 

The harm of XXXX XXXX and others creating loan numbers at will, can be found in many cases and not just mine. For example, a case was presented to me where another Georgia family was threatened to be taken to the courthouse steps three times while XXXX XXXX was acting as a servicer for XXXX. The recorded deed and note were full paid. The Court ordered the filing of the cancellation of the Deed. Yet, the family was driven to court multiple times thereafter to put a stop to the sale of their home by foreclosure. 
These so called servicers were represented by law firms acting as debt collectors. None of these alleged loan numbers have a loan file to support them nor can it be reasonably assumed that the bogus loan numbers are cross referenced with the actual recorded deed or account as all accounts would reflect the full paid status. 
I have spent more than 25 years working with cross referenced systems. Servicing accounts is not the goal evident here, rather the liquidation of assets is what is in view. 
There is no due diligence and the parties already are aware of the non-viability of most of these transactions. 
XXXX XXXX knowingly participated in filing false documents against my property attempting to defraud by misrepresenting that they were acting on behalf of XXXX which XXXX denied. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX mails me letters stating that the servicing of the loan ( I did not have ) with XXXX XXXX has now been transferred to XXXX XXXX to collect for XXXX XXXX. Then XXXX XXXX demands payment on loan number # XXXX. Another loan number and another misrepresentation of collecting for XXXX XXXX. During the pandemic and after documentation had been sent to XXXX XXXX this company tried to list my property for sale on a non-public online foreclosure auction site and a realtor did not find any other public notice of the sale. I was in the hospital and a law firm was participating in that scheme XXXX XXXX XXXX XXXX XXXX conspired and did cause to be filed in the XXXX XXXX Ga recorder 's office false documents. I provided documentation to XXXX XXXX more than once and they were to verify and contact me back and the next thing I get is a letter from XXXX. 
XXXX XXXX sent a letter through the mail stating that the servicing of the loan that XXXX XXXX XXXX claim for XXXX was now transferred to XXXX XXXX. Then a week or so later I was informed the alleged loan was now owned by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

XXXX XXXX presents themselves to be the servicer for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX further claims the TRUST they are servicing purchased loan number # XXXX from XXXX XXXX. The loan that XXXX XXXX claimed to be servicing for XXXX XXXX that XXXX has no knowledge of. XXXX XXXX is sending letters now demanding payment on XXXX # XXXX. There are no recorded transactions linked with that number either. 

Multiple times have I furnished the same information to XXXX as I have with the other listed above. I have been promised call backs and none are received. I have been given the name and title of specific individuals who are to receive the information only to find out when I call back for a status that no one knows the individuals and the specialized department is apparently fictitious. XXXX XXXX is the name on a form letter and she is supposed to be a member of XXXX Executive Resolution Team. The contact number for this person goes to an individual that may have been at home and had never heard of the Executive Resolution Team. Then there is the XXXX XXXX the Ombudsman that no one knows and another fake position no representative is aware of. The representatives state quite freely that they buy mortgages in bulk and they can not verify the transactions and that they dont have too. 
XXXX XXXX letters state that they are a debt collector and they do not verify the debts although due diligence is a requirement, but most certainly when it is brought to their attention that there is an error they should make the effort. 
XXXX XXXX engaged the law firm of McCalla Raymer Leibert Pierce to aid them in foreclosing on my property. 
XXXX XXXX had me following endless trails to nowhere waiting for the information to get in specialized hands that apparently could not be found. This began with XXXX in XXXX. While XXXX had me pursuing and waiting for ghosts, XXXX hired McCalla Raymer Leibert Pierce to liquidate by foreclosure. 
I had a family member that had a XXXX  XXXX went into XXXX and died shortly thereafter. The week following the funeral and still no response from XXXX, I took documented proof directly to the offices of McCalla Raymer Leibert Pierce at the direction of XXXX XXXX. We recorded what was in the envelope and delivered it directly to the law office hired by XXXX. When I entered their office they authenticated my identity and asked for the last four digits of my SSN. The staff was quite welcoming until I stated the error that was about to take place and that their client was not responding to information that had been provided. 
McCalla Raymer Leibert Pierce told me they can not accept any information from me in their office, however their debt collection letter to me stated no specific process. I was told I would have to send documents by fax or email to a specialized team. This person has authenticated my identity and understands that her law office is planning to foreclose on my paid for home in the matter of less than a week. Why did the person not forward the documents to the appropriate person or team within her law firm? She verified my identity. 
Having no options other than another potential runaround and delay. I left the information with their office that verified no balance and the fact that transaction # XXXX was rescinded in XXXX and I know that the law office of McCalla Raymer Leibert Pierce knows the statutory law of TILA Rescission. This file was left in their office at XXXX XXXX XXXX XXXX, GA XXXX on XX/XX/XXXX approximately XXXX XXXX after a 20+ minute visit and was also emailed to said specialized team. 
XX/XX/XXXX McCalla Raymer Leibert Pierce conducted a public auction on the XXXX XXXX courthouse steps late in the afternoon, hours after a morning auction by XXXX wherein they had another property auctioned off. Someone would show up at my home XX/XX/XXXX with a notice to post on my home dated the day of the sale XX/XX/XXXX. This young man stated he worked for the company ( XXXX XXXX XXXX XXXX XXXX ) that purchased my home for foreclosure. I informed him that was not possible because there was no balance owed on my home and that there is an error and he stated that McCalla Raymer will rescind as it happens quite a bit and that his employer would get their money back. Although, the young man stated that there was no foreclosure deed filed or provided he was attempting to post something on my door. 
McCalla Raymer Leibert Pierce failed in due diligence to verify the alleged debt. 
Conclusions XXXX XXXX mailed me letters demanding payment on Loan # XXXX XXXX claims trust purchased loan from XXXX XXXX XXXX XXXX XXXX XXXX mailed me letters demanding payment on loan # XXXX as Servicer for XXXX XXXX XXXX mailed letters stating service transferred from XXXX XXXX on behalf XXXX XXXX XXXX XXXX mails me letters demanding payment on loan # XXXX as Servicer on behalf of XXXX None of these loans have I entered into. 
XXXX extorted over {$210000.00} out of me. XXXX has a very long history of complaints of people waiting for and petitioning congressional reps about delaying and refusing to file cancellations of deeds in county records, most especially those tied to suites and settlements. 
I have not read a single deed or note that stipulates that the homeowner agrees to pay additional or any amount towards an unknown unrecorded account. 
Not one alleged servicer, alleged owner, or attorney has sent a letter requesting payment on the only recorded loan # XXXX. They are aware that it is uncollectible having been rescinded and more than fully paid. XXXX XXXX even stated they could not accept a payment with loan # XXXX on it. 
There is no possibility of a default on loan # XXXX if no one has requested a payment on that loan Power of sale clause in a deed that is not in default can not be exercised. 
How is this any different than XXXX XXXX creating accounts without the knowledge of their customers and transferring funds to accounts without customers knowledge?

Company response to consumer: Closed with explanation