Consumer complaint received 2019-05-16
Company: SM Law, PC
State: CO
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you in a state where you do not live or did not sign for the debt

Complaint:
I recently submitted a complaint to the CFPB in regards to XXXX, XXXX XXXX XXXX XXXX XXXX. The Complaint ID number is : XXXX. In further research I've discovered some interesting information in regards to SM Law PC. While going through the court documents I couldn't find an address anywhere for XXXX, XXXX XXXX XXXX XXXX  XXXX. However, on at least one of the court documents it states : " Address of Plaintiff : XXXX XXXX XXXX XXXX, NJ XXXX ''. This address is to SM Law PC. I know this through other records I have proving this is and through internet searches. I strongly believe that SM Law PC is intertwined with XXXX, XXXX XXXX XXXX XXXX   XXXX and / or purchased the " debt '' from XXXX XXXX XXXX XXXX XXXX XXXX XXXX or the trustee. 

Listed below is information in regards to the case : In XX/XX/XXXX I lost my job and I couldn't find work after losing my job. In early XX/XX/XXXXI called XXXX, XXXX XXXX XXXX XXXX XXXX. ( current address should be XXXX XXXX of XXXX  Bankruptcy Trustees Office, XXXX XXXX XXXX to try and work with them on a possible solution to my financial distress and not being able to continue to make mortgage payments but they didn't want to work with me. In or about XX/XX/XXXX I couldn't make my mortgage payments on my first or second mortgage anymore. However, I vividly remember calling XXXX, XXXX XXXX XXXX ( holder of both Notes 80/20 purchase money, primary residence in Illinois ) and asking them why they chose to cash my first mortgage payment but not my second mortgage payment that I mailed at the same time. The rep put me on a long hold and finally came back on the line and stated they will cash my check but wouldn't tell me when and that he didn't have any reason at all on why they hadn't cashed it yet. They eventually cashed the second mortgage check. Looking back, this was either because they wanted to keep the second mortgage payment held back to keep it out of the looming foreclosure of the first mortgage and/or because of their illegal practices of having only 1 bank account for all of their business operations which is illegal in the state of Florida. This was part of a lawsuit ( s )  against XXXX, XXXX XXXX XXXX. ( XXXX, XXXX XXXX XXXX went Chapter XXXX Bankrupt on XX/XX/XXXX ). 

In early XX/XX/XXXX I relocated to XXXX from XXXX for medical reasons and to hopefully find work. The property was officially foreclosed on in early XX/XX/XXXX. I never  heard anything at all about owing any money at all until I received a letter from an attorneys office in XX/XX/XXXX ( Over 10 years since the last mortgage payment was made ). The law firm, SM Law out of New Jersey ( XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ) stated that I owed almost double the original balance ( original balance {$64000.00} ) because of back due interest. After doing some research on SM Law it looked to be a scam and I didn't think much of it. 

Then in XX/XX/XXXX I received a letter from a law firm in XXXX, CO by the name of XXXX XXXX XXXX, XXXX. stating that I owed money on this second mortgage. They had incorrect information on the document including a wrong address so I didn't think much of it either. 

Then on XX/XX/XXXX I checked my locked mail box and I had court documents that were not in an envelope and were just sitting on top of my newspaper ad 's. I then realized I was being sued and started contacting attorneys in XXXX. However, I still thought something was fishy because in the court documents XXXX XXXX XXXX lied and stated that on or about XX/XX/XXXX the defendant executed a Note to Plaintiff in the principal amount of {$64000.00}. This was a blatant lie. I took out the 1st & 2nd mortgage ( 80/20 purchase money of primary residence in Illinois ) with XXXX, XXXX XXXX XXXX on XX/XX/XXXX ( Difference of 12 years XXXX. 

Also, in looking back on documents it looks like SM Law out of XXXX XXXX has hired XXXX XXXX XXXX, XXXX. ( XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, CO XXXX ) to pursue me. 

On top of that, I received court documents stating I was served on XX/XX/XXXX at approximately XXXX by XXXX XXXX with XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX blatantly lied and stated on the court documents that on XX/XX/XXXX at approximately XXXX, I went the address at ( ) which is the Defendant, ( ) home address, for the purpose of serving the Pleadings upon the Defendant in this matter. That upon answering the door and looking at the papers, the Defendant ( ) immediately mumbled something about " his house '' and proceeded to slam the door in my face. The individual that I served was in fact the Defendant in this action, ( ), based upon my knowledge and belief from the research I performed prior to effectuating service upon the Defendant. Based on the foregoing, the Defendant, ( ) was properly served when the Pleadings were served upon him by myself, in person, on XX/XX/XXXX, in accordance with C.R.C.P. Rule 4. 

My attorney provided detailed proof to the Judge / Court that their was no way at all I could of been in XXXX XXXX, XXXX when XXXX XXXX stated he served me. We provided time stamped photos on when I arrived to XXXX XXXX, XXXX   at XXXX on XX/XX/XXXX, as well as a photo from inside the hotel room at XXXX on XX/XX/XXXX, and a picture of a building in Downtown XXXX XXXX XXXX XXXX at XXXX XXXX on XX/XX/XXXX. On top of that, we supplied the Judge / Court proof of when I checked in and checked out of XXXX XXXX XXXX. I checked in on Sunday, XX/XX/XXXX at XXXX and I checked out on Tuesday, XX/XX/XXXX. 

The reason why XXXX XXXX stated he served me on XX/XX/XXXX is because that date falls on a Sunday. In doing so, he was covering for the USPS postal service worker that did XXXX a favor and put the paperwork with no envelop and no stamp in my locked mailbox. As we all know mail is not delivered on Sundays. I later went and tried to see if I could fit paperwork of this size somehow into my locked mailbox through any possible crack and it is definitely not possible. I also took pictures of my locked mailbox. 

My current attorneys name is XXXX XXXX XXXX XXXX out of XXXX  XXXX, XXXX Mark told me since the judge did not accept the Motion to Dismiss and that this is now going to cost a lot of money, it will go to trial, and will take roughly 8-12 months for a decision to be made. I lost my job, I'm on strong prescription medication because of this and now Im faced with possibly having to go bankrupt. I currently have roughly a 780 credit score, I take great pride in my credit score, and I keep a close eye on my credit. I have copies of old credit reports from years past and I dont show this second mortgage debt anywhere on their. 

Recently, my attorney XXXX XXXX XXXX told me since instead the case was not dismissed for Statute of Limitations or Laches ( over 10 years since the last mortgage payment was made ) that if we can find proof in XXXX, XXXX XXXX XXXX Ch. XXXX Bankruptcy that they did not list my property / me as an asset in their Ch. XXXX Bankruptcy then this would be grounds for dismissal. My attorney has this document that does not list my property / me in their schedule of assets in their Ch. XXXX Bankruptcy. 

Currently, this is where Im at. Please reach out to me to discuss this further and let me know if you would like to see copies of anything in particular. XXXX, XXXX XXXX XXXX XXXX XXXX Chapter XXXX Bankruptcy case number is : XXXX.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation