Consumer complaint received 2017-08-08
Company: Aldridge Pite, LLP
State: CA
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:
Reference the following cases for details of what is going on : Case # XXXX dated XX/XX/XXXX Case # XXXX dated XX/XX/XXXX Case # XXXX dated XX/XX/XXXX. We are a bit confused and want Aldridge Pite , LLP. to clear up this question : Is Aldridge Pite, LLP., a Law Firm, or Debt Collector for any of the following entities : XXXX XXXX XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX XXXX , not in it 's individual Capacity, but solely as " TRUSTEE '' for the RMAC Trust, Series XXXX?? If so, which one ( s ) do you represent, or contract with? In XXXX XXXX, attorneys for the Aldridge Pite, LLP., " Law Firm '' filed an OBJECTION TO CONFIRMATION OF CHAPTER XXXX PLAN in my Federal bankruptcy case on XX/XX/XXXX. The attorney for Aldridge Pite , LLP. executed and filed this document under REPRESENTATION of XXXX XXXX as " Trustee '' of the RMAC Trust, Series XXXX. Then, again on XX/XX/XXXX, attorneys for the Aldridge Pite , LLP. " Law Firm '' filed a FRAUDULENT CREDITOR 'S PROOF OF CLAIM in my Federal Chapter XXXX Bankruptcy case, again, as the Law firm attorneys REPRESENTING XXXX XXXX XXXX XXXX, not in it 's individual capacity but solely as " TRUSTEE '' for the RMAC Trust, Series XXXX. Since XXXX XXXX XXXX XXXX XXXX, not in it 's individual capacity but solely as " TRUSTEE '' for the XXXX XXXX, XXXX XXXX, OR XXXX XXXX XXXX XXXX XXXX. ( current " SERVICER '' ), or XXXX XXXX, or XXXX XXXX DO NOT LEGALLY OWN MY LOAN, THIS IS FRAUD UPON A FEDERAL COURT! The first week of XX/XX/XXXX I wrote to Aldridge Pite 's attorneys involved in my bankruptcy case, and I SPECIFICALLY asked for documents related to my pooling and servicing agreement for that " RMAC Trust, Series XXXX '', and all pertaining mortgage file accounting paperwork, in regards to that trust, and my home loan. The funny this was that Aldridge Pite LLP., wrote me back on XX/XX/XXXX. They claimed that they have NO INFORMATION REGARDING THIS TRUST, NOR OUR LOAN OR PROPERTY ADDRESS!!! SO, my question to Aldrige Pite LLP., is this : Who are You?? Who do you REPRESENT??? Your website states that you represent " Lenders, Loan Servicers and Investors '' ... .so WHICH XXXX DO YOU REPRESENT IN MY BANKRUPTCY CASE- BE SPECIFIC?!! Your attorney already executed the document as an attorney for XXXX XXXX XXXX XXXX, not in it 's individual capacity, but solely as " TRUSTEE '' for the RMAC TRUST, Series XXXX! So which is it?? First, are you a " Law Firm '', or are you a " Debt Collector ''? Do you have a CURRENT LICENSE to practice either or both in California? What client did you represent in my Federal Bankruptcy case? If it was XXXX XXXX XXXX XXXX, for the RMAC Trust, Series XXXX - then WHY do you NOT have any documents related to that trust, and my loan?? If you work for the loan Servicer, XXXX XXXX XXXX XXXX XXXX, WHY did you file a Creditor 's Proof of Claim as attorney for the XXXX XXXX XXXX . as " trustee '' for the RMAC Trust, Series XXXX?? If you truely represent XXXX XXXX, XXXX XXXX, or the investors in my Federal Bankruptcy case, why did you NOT DISCLOSE THIS, AND GIVE ME THE DOCUMENTS I REQUESTED, ... and you MUST LEGALLY COMPLY WITH?? WHO ARE YOU?? WHAT IS IT " YOUR BUSINESS '' to inject yourself in my Federal Bankruptcy Case?? You better produce answers quick, as you have committed A FEDERAL CRIME UNDER THE FALSE CLAIMS ACT : 851. False Claims18 U.S.C. 152 ( 4 ) Subsection ( 4 ) of Section 152 sets out the  offense of filing a false bankruptcy claim. A " claim '' is a document filed in a bankruptcy proceeding by a creditor of the debtor. It is sometimes also called a " proof of claim. '' For the purposes of this section the nature of the claim is immaterial -- i.e., the claim can be secured or unsecured, liquidated or unliquidated, disputed or undisputed. A " false '' claim is one that is known by the creditor to be factually untrue at the time the claim is filed. Subsection ( 4 ) provides : A person who ... knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney ; ... shall be fined ..., imprisoned ..., or both. The elements of a false claim violation are : that bankruptcy proceedings had been commenced ; that defendant presented or caused to be presented a proof of claim in the bankruptcy ; that the proof of claim was false as to a material matter ; and that the defendant knew the proof of claim was false and acted knowingly and fraudulently. United States v. XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX Cir. ), cert. denied, XXXX XXXX XXXX ( XX/XX/XXXX ). A claim can be asserted by a creditor whether or not it is reduced to judgment, whether the claim is liquidated, unliquidated, fixed, contingent, mature, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. United States v. XXXX, XXXX XXXX XXXX, XXXX ( XX/XX/XXXX denied ) ( XXXX Cir. XX/XX/XXXX ), appeal after remand XXXX XXXX XXXX ( XX/XX/XXXX ). Since the falsity of a claim, in most cases, is obvious, the key issue frequently becomes what was the defendant 's state of mind at the time of the filing of the claim. Good faith is a complete defense to this charge. The filing of a false claim is not a crime where there was a good faith belief in its accuracy. United States v. XXXX, XXXX XXXX XXXX, XXXX ( reh'g denied ) ( XXXX Cir. XX/XX/XXXX ), appeal after remand XXXX XXXX XXXX ( XX/XX/XXXX ). A proof of claim is not false merely because it may be inaccurate or erroneous in any or all respects. The claim may be asserted by a creditor in good faith even though the moneys being sought are thereafter successfully disputed by the debtor or disallowed by the Bankruptcy Court. Instead, a proof of claim is false if the statements contained therein are intentionally inaccurate and submitted without any good faith basis for the claim and are not the result of some mistake or clerical error or inadvertent omission. United States v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. ), cert. denied, XXXX XXXX XXXX ( XX/XX/XXXX ), appeal after remand, XXXX XXXX XXXX XXXX XXXX Cir. XXXX ), cert. denied, XXXX XXXX XXXX ( XX/XX/XXXX ) ( quoting above instruction with approval ). [ cited in XXXX XXXX ] ANSWER THE FOLLOWING QUESTIONS TRUTHFULLY AND COMPLETELY, AND DO NOT " PRETEND '' THAT YOU DO NOT KNOW THE ANSWER, OR THAT YOU HAVE NO INFORMATION ON THE SUBJECT MATTER : XX/XX/XXXX 2nd Modified Demand for Information on my Proof of Claim in Chapter XXXX Bankruptcy Court ( Case # XXXX ) United States Bankruptcy Court : XXXX District of California : XXXX XXXX Division RE :  OBJECTION TO PROOF OF CONFIRMATION OF CHAPTER XXXX PLAN Dear XXXX XXXX XXXX ( XXXX XXXX ), XXXX XXXX XXXX ( XXXX XXXX ) and XXXX XXXX XXXX ( XXXX XXXX ), and the Aldridge Pite LLP. , located at XXXX XXXX XXXX , XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, CA. XXXX, I am in receipt of your answered correspondence dated XX/XX/XXXX. We demand to know WHOM you work for, in relation to your representation as " attorneys for XXXX XXXX XXXX XXXX, not in it 's individual capacity but solely as trustee for the RMAC Trust, Series XXXX., in the XX/XX/XXXX OBJECTION TO CONFIRMATION OF CHAPTER XXXX PLAN, which was prepared and filed by XXXX XXXX XXXX @ Aldridge Pite LLP., in my Federal Chapter XXXX bankruptcy case ( # XXXX ), In your XX/XX/XXXX answer, in writing, to us, ... you stated that you were " unable '' to produce any documentation, including, but not limited to, the Pooling and Servicing Agreement, for the RMAC Trust, Series XXXX. You stated that our address of XXXX XXXX XXXX XXXX, CA. XXXX, the address on our loan, and our loan number was " unfamiliar to you, and that we were NOT in your system '', therefore you were UNABLE to give us the information that we requested, and is our right to inspect. If you filed an OBJECTION TO CONFIRMATION OF CHAPTER XXXX PLAN in my Chapter XXXX bankruptcy case on XX/XX/XXXX, WHY then, would you have NO INFORMATION regarding this trust you state you are representing? ( RMAC Trust, Series XXXX )?? You state in this document that you are attorneys REPRESENTING the XXXX XXXX XXXX XXXX not in it 's individual capacity, but solely as trustee for the RMAC Trust, Series XXXX : IS THIS IN FACT WHOM YOU REPRESENT? If you do in fact legally " REPRESENT '' XXXX XXXX XXXX XXXX not in it 's individual capacity but solely as trustee for the RMAC Trust, Series XXXX as their attorney, or in any other capacity, or agency, WHY would you NOT have any records relating to my loan ( XXXX ) and /or Property located at XXXX XXXX XXXX XXXX , CA. XXXX. Did XXXX XXXX XXXX execute or prepare, or any agent or representative of XXXX XXXX XXXX execute or prepare the XX/XX/XXXX OBJECTION TO CONFIRMATION OF XXXX XXXX PLAN in the XXXX XXXX XXXX XXXX case # XXXX for debtor XXXX XXXX? If XXXX XXXX XXXX did NOT execute/prepare/file this document from Aldridge Pite LLP, who did? Does Aldridge Pite LLP., DENY that they have a client that they " REPRESENT '', either as an attorney or attorneys, or in any debt collection capacity by the name of XXXX XXXX XXXX XXXX not in it 's individual capacity but solely as trustee for the RMAC Trust, Series XXXX OR XXXX XXXX XXXX XXXX XXXX .? Is XXXX XXXX XXXX XXXX XXXX., a client of Aldridge Pite LLP , and did they request an execution/filing of an OBJECTION TO CONFIRMATION OF CHAPTER XXXX PLAN in my XXXX XXXX Bankruptcy case in XXXX XXXX , CA. CASE # XXXX XXXX XXXX on XX/XX/XXXX? Is Aldridge Pite LLP. a " DEBT COLLECTOR '' for either XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. , XXXX XXXX , XXXX XXXX XXXX XXXX not in it 's individual capacity but soley as trustee for the RMAC Trust, Series XXXX? Is XXXX XXXX XXXX XXXX XXXX., a client of Aldridge Pite LLP. in relation to Loan # XXXX? Under what AUTHORITY does XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX interest themselves, and inject themselves, as " agents/attorneys '' for Aldridge Pite , LLP, in my Federal Bankruptcy Case ( XXXX XXXX CASE # XXXX )? What business do they have filing documents in my Chapter XXXX Bankruptcy Case ( CASE # XXXX )? Under what authority, and for WHOM do they file FRAUDULENT DOCUMENTS in my FEDERAL Bankruptcy Case # XXXX United States Bankruptcy Court : XXXX District of California-XXXX XXXX Division. Does Aldridge Pite LLP., work in ANY CAPACITY, for investors of the XXXX Asset Backed Ceritificates Trust, XXXX XXXX? Is Aldridge Pite LLP., or ANY of it 's agents or atttorneys filing FRAUDULENT DOCUMENTS in my California Chapter XXXX Case # XXXX for any INVESTOR, or Financial Firm? Are you " REPRESENTING, OR COLLECTING '' for the XXXX XXXX  XXXX XXXX int in it 's individual capacity but solely as trustee for the RMAC Trust, Series XXXX, AND/OR for investors or financial firms for the XXXX ASSET BACKED CERTIFICATES TRUST, SERIES XXXX. Is Aldridge Pite LLP., or any of it 's agents/attorneys/debt collectors working on behalf of XXXX XXXX , ( The XXXX XXXX XXXX XXXX XXXX )? Why has XXXX XXXX XXXX XXXX, not in its individual Capacity but solely as trustee for the RMAC Trust, Series XXXX filed FRAUDULENT Corporate Assignment of Deed of Trust on XX/XX/XXXX in the XXXX XXXX County Recorders Office, claiming that they are the owner and trustee of my loan secured by my property at XXXX XXXX XXXX, CA. XXXX?? Why did XXXX XXXX AND their attorney / debt collection firm, Aldridge Pite LLP, file a FRAUDULENT PROOF OF CLAIM on XX/XX/XXXX ( which is a FEDERAL CRIME- FALSE CLAIMS ) in my Chapter XXXX Bankruptcy Case in XXXX XXXX , CA.? Why is XXXX XXXX for the RMAC Trust, Series XXXX FALSELY CLAIMING to be OWNER and HOLDER of my note, secured by my property at XXXX XXXX XXXX, CA. XXXX, if, as you claim, they have NOTHING to do with my home loan, or property? And WHY are your attorneys/debt collectors, Aldridge Pite LLP filing the Proof of Claim, as YOUR representatives, in my bankruptcy case? WHO ARE YOU, AND WHAT ARE YOU CLAIMING YOU ARE OWED??
PLEASE RESPOND WITHIN FIVE BUSINESS DAYS OF THIS DEMAND FOR INFORMATION. SINCERELY, XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation