Consumer complaint received 2020-10-25
Company: Duane Morris LLP
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
The following parties have each acted in the capacity of a debt collector for a refinance mortgage loan that my late husband ( XXXX XXXX ) and I executed on XX/XX/XXXX in favor of XXXX XXXX XXXX  XXXX ( " XXXX XXXX XXXX '' ) as lender : ( 1 ) XXXX XXXX ( " XXXX XXXX '' ) ; ( 2 ) XXXX XXXX  XXXX ( " XXXX '' ) ; ( 3 ) XXXX XXXX XXXX XXXX ( " XXXX '' ) ; ( 4 ) Duane Morris LLP ( " Duane Morris '' ) ; and ( 5 ) XXXX XXXX XXXX ( " XXXX  '' ). 

By debt collection communication dated XX/XX/XXXX, a copy of which is enclosed hereto as Exhibit " A '', XXXX XXXX XXXX, declared that my mortgage loan has been in default since XX/XX/XXXX and the last full payment applied to my mortgage loan was for the installment due XX/XX/XXXX. By debt collection communication dated XX/XX/XXXX, a copy of which is enclosed hereto as Exhibit " B '', Duane Morris on behalf of XXXX as the successor to XXXX, declared that my mortgage loan has been in default since XX/XX/XXXX. By complaint filed in the Superior Court of New Jersey on XX/XX/XXXX by XXXX, prosecuted by Duane Morris, and maintained to present date by XXXX through XXXX, the foregoing debt collectors declared and continue to declare under penalty of perjury that I defaulted on my mortgage loan as of XX/XX/XXXX. A true and correct copy of the XX/XX/XXXX foreclosure complaint commenced, prosecuted and / or maintained in the Superior Court of New Jersey under Docket No. : XXXX is annexed hereto as Exhibit " C ''. 

The foregoing statements of default made by the aforementioned debt collectors are false and deceptive upon omitting and concealing : ( 1 ) ten checks, copies of which are enclosed here as Exhibit " D '', totaling {$15000.00} that were paid to and cashed by XXXX 's predecessor and affiliate, XXXX XXXX XXXX XXXX ( " XXXX ), for XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX without any credit to the subject account ; and ( 2 ) three checks totaling {$5100.00} that were paid for XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX and returned by XXXX without any legitimate reason and / or explanation, as displayed within the correspondences enclosed hereto as Exhibit " E ''. 

Furthermore, the statements and implications made within the XX/XX/XXXX and XX/XX/XXXX debt collection communications by Debt Collectors XXXX, XXXX and DM that the last payment made towards and / or applied to the subject account was for XX/XX/XXXX, are false because I did not make any payments for the months starting XX/XX/XXXX through XX/XX/XXXX upon following the instructions given to my late husband and I by Debt Collector XXXX ( for whom Debt Collector XXXX is the successor ) in order to qualify for a modification, and Debt Collector XXXX declared under penalty of perjury within its complaint filed on XX/XX/XXXX in the Superior Court of New Jersey under Docket No. : XXXX ( the same day my husband died ) that a default under the subject account number occurred as of XX/XX/XXXX upon my failure to pay on XX/XX/XXXX. A true and correct copy of the XX/XX/XXXX foreclosure debt collection complaint filed by XXXX 's predecessor / affiliate XXXX in the Superior Court of New Jersey under Docket No. : XXXX, and voluntary dismissal by XXXX on XX/XX/XXXX is enclosed hereto as Exhibit " F ''. 

Lastly, despite and in violation of 12 CFR 1026.41 et seq., XXXX and Duane Morris refuse to provide me a monthly mortgage statement for the payment declared due as of XX/XX/XXXX.

Company response to consumer: Closed with explanation