Consumer complaint received 2019-01-04
Company: GUARANTEED RATE INC.
State: NV
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
XXXX XXXX is servicer and debt collector. We demanded validation in XX/XX/XXXX, and they refused to do so, which is why we stopped paying in XX/XX/XXXX and haven't paid since. We had not received a bill from them until XX/XX/XXXX, which we contacted the CFPB about, and they sent their usual form letters saying they needed more time, but promptly send a bill for the next month, too, which is attached. We sent the original lender, Guaranteed Rate Inc. a Statement of Account, in XX/XX/XXXX, via certified mail USPS ID number, XXXX, through a notary ( attached ), stating that the balance had been satisfied, and it which gives them 14 days to admit or dispute that, under oath : NRS104.9210Request for accounting ; request regarding list of collateral or statement of account. 

1.In this section : ( a ) Request means a record of a type described in paragraph ( b ), ( c ) or ( d ).

( b ) Request for an accounting means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.

( c ) Request regarding a list of collateral means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.

( d ) Request regarding a statement of account means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.

2.Subject to subsections 3 to 6, inclusive, a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt : ( a ) In the case of a request for an accounting, by authenticating and sending to the debtor an accounting ; and ( b ) In the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.

3.A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt.

4.A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record : ( a ) Disclaiming any interest in the collateral ; and ( b ) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipients interest in the collateral.

5.A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record : ( a ) Disclaiming any interest in the obligations ; and ( b ) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipients interest in the obligations.

6.A debtor is entitled without charge to one response to a request under this section during any 6-month period. The secured party may require payment of a charge not exceeding {$25.00} for each additional response.

( Added to NRS by 1999, 300 ; A 2001, 720 ) GRI would NOT verify or deny the claim, stating only that they " transferred their interests '' to XXXX  XXXX, so, they admitted that the balance was XXXX-and, since no subsequent financing has been placed on the property, it was XXXX when XXXX took over it, too. Just to be on the safe side, however, we sent XXXX a statement under account, also with a notary as 3rd party witness, also via certified mail return receipt requested, USPS Identification number XXXX, on XX/XX/XXXX. Sending two bills years later, violated the FDCPA ( as does their posting derogatory credit info without validating the debt, which we just discovered they've been doing ) and when Debt Validation Process is done with a Notarial witness and the servicer doesn't verify, the FTC has shown that this is a False and Deceptive Practice. The OCC and Office of Thrift Supervision have similar cites with Opinions and Case Law which defines  this sort of activity. We are both senior citizens ( and my wife is XXXX ), so they are also in violation of NRS 598.0973 and 598.0977, Deceptive Practices vs Older and/or Disabled People. They are also guilty of mail Fraud, XXXX XXXX has been Add XXXX XXXX since XXXX, and XXXX has been told this repeatedly, but they continue to send mail under the incorrect name, thus violating the following : 18 U.S. Code 1342 -  Fictitious name or address Whoever, for the purpose of conducting, promoting or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this this title or imprisoned not more than five years, or both. 

The following is an article which is is from only 2 days ago, I suspect that your organization is aware of it, but, I'm sending it, plus an attached article just in case : https : XXXX? XXXX This company obviously hasn't gotten the message from the fines imposed on them by your organization and others, we implore you to drop the hammer on these scum.

Company response to consumer: Closed with explanation