Consumer complaint received 2015-12-15
Company: VANDERBILT MORTGAGE & FINANCE, INC
State: TX
Product: Debt collection
Sub-product: Mortgage
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint:
Vanderbilt has turned my account over to a law firm, XXXX, XXXX , XXXX XXXX, XXXX, that contacted me to discuss settlement of the account without properly identifying themselves as a debt collector. XXXX XXXX XXXX contacted me on XXXX XXXX, 2015 identifying himself as an attorney who had been retained by Vanderbilt to " handle '' our account. The following is an email in which I have recapped the entire conversation : XXXX XXXX, I appreciate the call yesterday afternoon and believe that a resolution can be reached in this matter. However, I do need to clarify that the amount you have listed as " my offer '' was suggested by you as the median amount between {$28000.00} and {$42000.00}. I must say that I was a bit surprised to be receiving a call from one of Vanderbilt 's attorney 's considering that I have made every effort to communicate with Vanderbilt throughout the entirety of this ordeal. Communication notably decreased after I submitted a formal complaint to the CFPB. Emails went unanswered and phone messages were not returned until yesterday when you contacted me. To recap our conversation, you stated that you had read all of the correspondence between myself and Vanderbilt as well as the CFPB complaint and subsequent responses. So you are well aware of the situation we are in as it relates to the delinquency of the account and you are also well aware of the grievances we have against Vanderbilt. I have written extensively on the topic and do not wish to reiterate it other than to say that their actions have caused an enormous amount of stress to our family. Their business practices are despicable and merit the full attention and scrutiny of the governing regulatory agencies. At the onset of our conversation, you proposed XXXX offers that I had previously rejected. The first was " land in lieu '', and the second was " cash for keys. '' Both involve the complete relinquishment of the property and all rights to legal recourse in exchange for a release of obligation and/or " packing money. '' You proceeded to discuss the payments in arrears asking if and when these payments could be made. We then discussed the settlement offer proposed by XXXX which I countered. Your words to me were, " in all of my experience dealing with settlement cases like this one, the homeowner is rarely able to come up with the settlement amount. ' You also made it clear what your primary role is for Vanderbilt when you said, " I do n't like to, but I take people 's homes and property away from them everyday. '' Your call, XXXX XXXX, was clearly a debt collection call and was not prefaced as such. This call could be taken a number of ways, all of which violate FDCPA and TDCA. 
1. Failure to identify yourself as a debt collector. 
2. Failure to state the purpose of your call as an attempt to collect a debt. 
3. Failure to inform me of my rights as a consumer. 
4. Use of intimidation, coercion, and threats as method to collect a debt. 
You explained that any settlement reached with Vanderbilt would include a clause stating that I would forever relinquish my rights to legal recourse against Vanderbilt and would drop all allegations against them. So, in conclusion, I am willing to speak with you and otherwise correspond with your firm to bring about a fair resolution to this matter. Forgiving the violations committed by Vanderbilt and releasing them of any and all legal obligation will be difficult. A settlement that is mutually beneficial is the only one that will be considered. Until then, we remain committed to our monthly obligations ... we will not surrender the property as it is still home to XXXX .... 
This company continues to violate the rights of the consumer and I ask again that they be thoroughly investigated. The entity that they have retained is no longer allowed to contact me due to their deceptive practices.

Company response to consumer: Closed with explanation