Consumer complaint received 2018-08-09
Company: Real Time Group, Inc.
State: CO
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
To whom it may concern, Our loan was originated by XXXX XXXX   XXXX ( CMC ) with a loan amount of {$49000.00}, on XXXX, at a rate of 10.75 %, the information provided by Real Time Resolutions, ( RTR ) on XX/XX/XXXX, was in response to a qualified written request ( QWR ) from XX/XX/XXXX. RTRs response is incomplete and inaccurate and the documents do not reflect a true representation of the loan amount in question, nor my alleged outstanding balance. The payment history that was supplied by RTR, indicates a life of loan payment history which begins with XXXX XXXX ( XXXX ) XXXX and ends with RTR accounting records dated XXXX. 

The RTR, QWR response dated XX/XX/XXXX, fails to provide an accurate accounting history from the originating date of XXXX. Its as though RTR, is alleging that no payments were made from our family from the day the loans inception. RTR, and or any successor of the loan is attempting illegal enrichment of my second mortgage home loan by failing to respond entirely to the balance being questioned and the accuracy of the demands by RTR on a balance of {$48000.00}, not including fees and other costs. 

Furthermore, RTR has failed to provide the mortgage assignments and or chain of title which would indicate mortgage servicing rights and transfers from XXXX on to XXXX and finally a transfer from XXXX to RTR. Mortgage debt validation is required when requested in writing from the debtor under the FDCPA, FCRA, HUD, RESPA as well as the revised Dodd Frank Act of 2009. These infractions and or oversights by RTR are clear violations and identified under the following causes of action : ( 1 ) FCRA injunctive relief ; ( 2 ) declaratory relief ; ( 3 ) debt collection violations under the Federal Fair Debt Collection Practices Act ( " FDCPA '' ) ; ( 4 ) violations of the unfair and deceptive trade practice act under Colorado Revised Statutes 6-1-105 ) for conducting a business without a state , county, or city license ; ( 5 ) violations of unfair lending practices under Colo. Rev. Stat. 5-3.5-101 et seq. and 38-40-105 ( 6 ) breach of the covenant of good faith and fair dealing ; ( 9 ) fraud through omission by failing to disclose predatory, unethical, and unsound lending and foreclosure practices ; ( 10 ) fraud in the inducement for failing to explain to Plaintiff that he was not qualified to enter the loan on the stated terms ; and ( 11 ) unjust enrichment. ( Id. at 22-48 ).

Furthermore, RTR, provided a document which indicates that on the same date of origination with XXXX, that our loan was also signed over to XXXX XXXX ( XXXX ) by a XXXX XXXX XXXX as assistant Treasury to XXXX and counter signed by a XXXX XXXX XXXX XXXX on behalf of XXXX. However, there is no record that can be found which would support that XXXX XXXX XXXX, ever was employed by XXXX in any capacity. This information raises the question as to whether or not RTR actually has legal grounds to collect or commence credit reporting on the debt if it has been illegally assigned by a robo-signed document the same date as my loan was originated, XX/XX/XXXX. 

We have been in communication with the FDIC at XXXX and were advised that XXXX XXXX XXXX ( XXXX ) filed bankruptcy in XX/XX/XXXX and voluntarily liquidated and closed all of their assets officially in XX/XX/XXXX. 

My family was directed to the Colorado Banking Commission at XXXX, for further information into what entity acquisitioned all of their assets. According to FDIC, the corporation for XXXX, was based in Colorado, which is why the information we seek will come from, Colorado Banking Commission. 

We are writing as an attempt to determine the current investor, of our 2nd mortgage loan being serviced by RTR. Since RTR, is claiming that they are servicing the loan on behalf of another entity. 

However, after further research and scrutiny on our part, regarding the accuracy and validity of the mortgage debt as well as the defunct XXXX. RTR, fails to disclose this entity or investor of my loan which is a direct violation to the 15 U.S. Code 1692g - Validation of debts. 

RTR, has failed to provide any such relevant affidavit of sale and or transfer of XXXX letter, deed of trust and or other forms of proof of chain of title, for purposes validation of our second mortgage debt ; or proof that the debt has been properly transferred to RTR. 

Please expedite our request as we feel that this matter is worthy of civil litigation due to violations to the FDCPA, FCRA, HUD, RESPA and unfair predatory collection practices and potentially more.

Company response to consumer: Closed with explanation