Consumer complaint received 2020-11-02
Company: Ghidotti | Berger LLP
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XX/XX/XXXX Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX Washington XXXX 

COMPLAINT AGAINST THE FOLLOWING PARTIES : 1. 

XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX -- -- XXXX  XXXX XXXX XXXX, TX XXXX XXXX : ( XXXX ) XXXX Fax : XXXX e-mail : XXXX 2. 

XXXX XXXX Account Manager at XXXX XXXX XXXX XXXX 3. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX DE  XXXX 4. 

XXXX XXXX XXXX XXXX XXXX  XXXX XXXX. 
XXXX XXXX, CA XXXX Phone : XXXX 5. 

XXXX, XXXX XXXX Main Office of the Bank XXXX XXXX XXXX  XXXX  XXXX XXXX, SD XXXX XXXX XXXX Phone : XXXX Dear CFPB, My name is XXXX XXXX XXXX, I am a XXXX citizen, of XXXX  years, a recently widowed retired person, taking care of XXXX XXXX  boys at my household. In the moment of this writing, the three of us are facing foreclosure with the sale at the public auction, tomorrow, XX/XX/XXXX, with the consequence of inevitable eviction. 
Thus, Our country would be getting three more homeless people, which I believe is the last thing we need at this point. 
I believe I have been mistreated or at least treated unfairly by the person and entities I am complaining against. 



1.

First of all I would like to point out, that my family is a direct COVID crisis victim. With the advent of COVID Our planned financial source vanished, and this placed us in foreclosure in the first place. The mentioned parties had no sympathy for that, despite all the declared nice words, especially by the alleged servicer XXXX XXXX XXXX XXXX. 

Therefore, this complaint is so much more relevant to be reviewed during this national crisis. 
2. 
DESCRIPTION OF THE PARTIES ABOVE 1XXXX XXXX, XXXX, is the alleged servicer of my loan that is pushing me into foreclosure. XXXX XXXX is their employee / representative, the account manager of my account. 
My loan number with XXXX XXXX XXXX is XXXX. 
A NOTICE OF SALE was issued by XXXX XXXX XXXX in regards to the stated loan number, with the sale date of XX/XX/XXXX, with stating the original instrument XXXX ( attachment 1 ) and naming XXXX XXXX XXXX as the appointed trustee. 
XXXX XXXX XXXX XXXX claims to be the servicing company for the stated claim. 
However, the last recorded assignment document on the property ( attachment 2 ), does not mention XXXX XXXX XXXX, at all. This begs the reasonable question of a duly representation. All that the assignment states is that XXXX XXXX XXXX XXXX XXXX assigned the rights and transferred the claim to XXXX XXXX XXXX. The entities acting as trustees are XXXX XXXX, XXXX XXXX and XXXX, XXXX XXXX, respectively. 
Thus, it is unclear, based on what kind of authorization XXXX XXXX XXXX XXXX is processing this loan, and what their exact role is. I myself, have certainly not received any proof of authorization for that. 
XXXX XXXX XXXX XXXX, however, is not the only missing link in the long chain the loan that is recorded on my property XXXX XXXX XXXX, XXXX XXXX, CA XXXX. 
The history is puzzling : The loan originated by the recorded deed of trust in favor of the notorious XXXX XXXX, XXXX, on XX/XX/XXXX ( attachment 3 ), only to be replaced by recorded loan in favor of XXXX XXXX XXXX, within the same year on XX/XX/XXXX ( attachment 4 ), despite the long character of the first recorded loan ( XX/XX/XXXX ). The XXXX XXXX XXXX  was later acquired by XXXX XXXX XXXX  through acquiring XXXX XXXX. Though it is unclear how this was presented to my deceased husband, Mr. XXXX XXXX, who was in charge of all Our family finances, XXXX XXXX began processing the claim, after a certain point. 
On XX/XX/XXXX, assignment of deed of trust ( attachment 5 ) was recorded with XXXX XXXX granting and assigning the claim to XXXX XXXX XXXX XXXX XXXX ( further as XXXX ), otherwise an obscure entity, registered in the state of Delaware. XXXX XXXX, XXXX. is stated as the title trustee for XXXX, although unclear on what basis. 
On XX/XX/XXXX, assignment of deed of trust ( as above, attachment 2 ) was recorded with XXXX granting and assigning the claim to XXXX ( further as XXXX ), otherwise another obscure entity, also registered in the state of Delaware. XXXX XXXX XXXX XXXX is stated as the title trustee for XXXX, although, again, unclear on what basis. 
Again, nowhere in the chain, XXXX XXXX XXXX XXXX seems to be the proper loan processor, let alone the payee, despite receiving large sums of funds from my family ( as further explained below ). 

In order to clear out the origins, transfers, authorizations and other issues of the claim, I repeatedly urged the loan servicer, XXXX XXXX, and especially 2- second party I am complaining about, the account manager, Mr. XXXX XXXX XXXX to submit as soon as possible as follows : 1-respective promissory notes of the loans ( XXXX XXXX XXXX XXXX XXXX ) 2-respective loan agreements ( XXXX  XXXX XXXX XXXX XXXX ) 3-respective trustee agreements and authorizations ( XXXX XXXX  acting for XXXX XXXX XXXX acting for XXXX ) 4-respective assignment agreements ( XXXX XXXX with XXXX XXXX XXXX with XXXX ) 5-respective notices of assignments, that have been or should have been sent to Mrs. XXXX ( by XXXX XXXX in regards to XXXX XXXX by XXXX in regards to XXXX ) 6-assignments to payee, with notices of the assignments, that have been or should have been sent to Mrs. XXXX ( by XXXX in regards to XXXX XXXX XXXX XXXX and by XXXX in regards to XXXX XXXX XXXX XXXX ) 7-authorizations for processing the loan ( s ), with notices of those authorizations, which have been or should have been sent to Mrs. XXXX ( by XXXX in regards to XXXX XXXX XXXX XXXX and by XXXX in regards to XXXX XXXX XXXX XXXX ) 8-the claim / loan calculation, with all the payments received and interest calculated, from the inception of the loan up to the present day. 
Myself and my family do not have a single document stated above nor do I remember receiving any of them, and I honesty believe I have not received them ( though again, my deceased husband was in charge of family finances before, and thus, it is possible he received all of that ). With that, the claim at hand has several issues that need to be recognized and cleared immediately, before the sought bankruptcy protection comes in place ( I did file for it ), or resolves a constructive solution with the legitimate claim holder, which also needs to be clearly established. 
Despite repeatedly demanding the 8 items / issues above to be cleared, the processor XXXX XXXX XXXX XXXX keeps ignoring all these demands, especially the mentioned XXXX XXXX, who keeps using His repeated line of words Its not gon na happen for every single request I make. 
That is of course if and when I manage to reach Him on the phone. XXXX XXXX, XXXX is an incredible illusive company. When You make a call, and I made numerous, You wait for an extremely long time, and more often than not the call just gets cut off. 
And then You have to call again. 

The representatives act very ignorantly, as not knowing anything, and how they need to process the decision by the account manager, Mr. XXXX XXXX. 

XXXX XXXX is almost never available, and IF He is, maybe 1 out of 20 attempts, He answers with His famous line of Its not gon na happen. 
I believe this is extremely unfair and incorrect. 


3- XXXX XXXX XXXX is the current claim holder owner of my loan, based on the documents recorded on the property. 
There is no contact information to be found for this obscure fund. I understand that this is their privilege, they can have representatives, such as the parties under 1 and 2 and following number 4, however, one thing I believe they failed to do properly. 
If they are a new owner of the claim they never presented me with the authorization in favor of any of the stated parties not XXXX XXXX XXXX XXXX, not XXXX XXXX ( which would be under XXXX XXXX XXXX XXXX anyway ) or any other party. 

4-XXXX XXXXXXXX. 
is the trustee of the XXXX XXXX XXXX, thus acting on their behalf. 
I believe that as such, they should be available for submitting my proposal for ( COVID / or any other for that manner ) RELIEF instead of foreclosure. 
However, when I repeatedly tried to call them, I got nowhere. 
It is simply impossible to communicate with anyone from this large bank, in regards to my obligations, despite they are clearly a recorded representative for XXXX XXXX XXXX. 

5- XXXX XXXX XXXX Is conducting the process of foreclosure on my property. Despite sending them a request for RELIEF, I have never received any answer from them as well. 

It appears that all the stated parties simply want one and one thing only stream through the sale without any compassion for three American citizens, being victims of COVID, recent loss of a husband and a father, and finding themselves in a deep hardship. 

I submitted a request for a reasonable loan restructuring, to which I never received any response other than Mr. XXXX Its not gon na happen but of course completely off the record, via a telephone conversation, without Him sending me anything in writing. 

Here is my proposal, which has been ignored by all the parties involved : I took this loan with my deceased husband XXXX XXXX, who unexpectedly died in XXXX. The loan is currently processed with the rate of 7.6000 % ( again, I am not in a possession of the note of the loan, as noted above ), as indicated on the XXXX XXXX XXXX website, a very high rate from the aspect of todays rates. The monthly payment ( also stated on that website ) of {$2500.00} is virtually impossible to cover with one income less ( the stated death in the family ) and the COVID-19 misfortune. Therefore, I have been asking the proper legitimate claim holder for a reasonable restructuring over a longer period, reasonable rate and of course lower payment. With the balance that is claimed on the XXXX, a rate of not exceeding 3 % p.a., and extension over a 30 year period, the monthly payment would be around {$1100.00} a sum reasonably affordable and preventing foreclosure of a family in dire straits. 
I believe the parties above are willing, ready and able to contribute their parts in avoiding creating three American citizens homeless, again, one of them XXXX, a widow still mourning the unexpected death of my husband, and XXXX XXXX year old boys that I am taking care of. 
Thus, I URGE the parties to react immediately, this time via complaint to You, and the legitimate claim holder to let me know of the possibilities of restructuring the claim as referenced above. Up to this point, the parties involved acted extremely arrogantly and ignored all my pleads. I believe that is not only unfair, but also illegal. A legitimate borrower has to receive a legitimate response, prior to foreclose and evict them from their home. 

List of Attachments : 1-notice of sale of the property recorded XX/XX/XXXX with the sale to be taken on XX/XX/XXXX 2-recorded assignment in favor XXXX XXXX XXXX recorded on XX/XX/XXXX 3-recorded loan of XXXX XXXX XXXX XX/XX/XXXX 4-recorded original loan on XX/XX/XXXX, of XXXX XXXX XXXX  of XX/XX/XXXX 5-recorded assignment in favor of XXXX XXXX XXXX XXXX XXXX 6-prior notice of default with the sale to be taken on XX/XX/XXXX Respectfully, XXXX XXXX XXXX

Company response to consumer: Closed with explanation