Consumer complaint received 2021-05-20
Company: MIDFIRST BANK
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am writing to dispute an account # XXXX fraudulently opened in my name. I am a victim of identity theft. Midland Mortgage is attempting to collect an alleged debt on the basis of fraud. Midland decided to ignore my demands for ValidationValidation of the debt XXXX XXXX, XXXX and XXXX.I need an ( actual accounting ) 2. Verification of claim against me ( a sworn affidavit or signed invoice! ) 3. copy of the contract binding both parties under Federal Debt Collection Practices Act ( FDC PA ). UCC 3-501 also requires servicer to show authority to make demand for payments, if it does not own the note, but is merely servicing it. In the event a note holder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the note holder or servicer complies with all laws or contract provisions. I would be happy to pay any financial obligation I might lawfully owe as soon as these documents are received. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Please provide all the requested documentation requirements on the Notice and Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt dated XX/XX/2021. I request that you immediately CEASE and DESIST all actions with me. Under the Fair Debt Collection Practices Act Section 805 ( C ), it is my right to request that you cease contact with me. I am exercising my right to do so with this letter. I request that you immediately CEASE and DESIST all actions with me. With this notice, under the law, you can now only contact me to : To advise me that your company 's further efforts are being terminated ; To notify me that your company may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or Where applicable, to notify me that your company intends to invoke a specified remedy. Unjust enrichment, fraud on the homeowners and consumer. Midland actions among others are violations of the federal Fair Debt Collection Practices Acts ( FDCPA ) of multiple state and Federal laws. Intentional act of fraud. Fraud, deliberate concealment of material information, fraud is a felon. This is XXXX in commerce, Fraud, XXXX, and XXXX. I have attempted to resolve this matter formally before filing a complaint and lawsuit!

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation