Consumer complaint received 2020-07-16
Company: Fay Servicing, LLC
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I respectfully request that this agency initiate a pattern and practice investigation into whether there are systemic violations of the US Constitution, federal laws, and previous settlements entered by this agency with : 1. XXXX XXXX, XXXX DBA XXXX XXXX XXXX ( XXXX ) ; 2. Fay Servicing LLC ( FAY ). 
There is evidence that BSI, Fay, and other corporations have engaged in a conspiracy in the nature of a corrupt racketeering enterprise ( RICO ), and in violation of a certain consent order and settlement entered with BSI, File No. XXXX, and with Fay, XXXX XXXX. XXXX, which has caused us substantial injury, as explained in further details below. 
On XX/XX/XXXX, we bought the real property located at XXXX XXXX  XXXX XXXX, FL XXXX ( the Subject Property ). The Subject Property was encumbered by a mortgage registered in XXXX XXXX Public Records, book 3282, Page 429 ( hereinafter the Mortgage ), which was declared void and null and unenforceable by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX in and For XXXX XXXX, Florida ( hereinafter State Court ) in a declaratory judgment action. 

The following acts or practices occurred while BSI and Fay were under your investigation and even after they accepted to enter the above-referred settlement with this agency : On around XX/XX/XXXX XXXX and XXXX XXXX, a Division of XXXX XXXX XXXX XXXX XXXX XXXX not in its individual capacity but as Trustee of XXXX Trust 4 ( The Trust ) made an artifice : They fabricated or caused to be fabricated a counterfeit promissory note ( the B-Note ), which was used to revert the State Courts judgment. The B-Note bears : a ) Forged initials of XXXX XXXX in each page ; b ) Forged signature of XXXX XXXX on page 6/6 ; c ) An endorsement in blank, executed by XXXX XXXX XXXX, who purports to be Assistant Vice-President of XXXX  XXXX XXXX XXXX. ( hereinafter XXXX ). 
Please see a copy of a certain affidavit executed by XXXX XXXX, attached hereto as Exhibit 1. 
To aggravate their deceptive and unlawful acts, on XX/XX/XXXX, XXXX filed, on behalf of The Trust, a foreclosure complaint in the State Court ( XXXX XXXX XXXX Case No. XXXX ) ; once again XXXX used the counterfeit promissory note in its attempt to establish standing. It was only around XX/XX/XXXX, after firing the attorney representing us for suspicious behavior, that we discovered the falsity of the B-Note. XXXX and The Trust were notified about the forgery, however, they refused to dismiss the foreclosure action. 
Notably, on XX/XX/XXXX, XXXXThe Trust transferred the forged note to XXXX XXXX, XXXX XXXX as Legal Title Trustee for XXXX 2016 SC6 Title Trust ( XXXX XXXX  ) c/o Fay Servicing XXXX. See attached Exhibit 2. However, they kept trying to foreclose the Subject Property, including their attempt to set up a trial, for almost a year ( until XX/XX/XXXX ). 
Knowing that we had discovered the falsity of the B-Note, they designed another scheme : file an amended complaint to try to get a vendors subrogation lien. The amended complaint was filed by Fay in XX/XX/XXXX. 

Recently, in a new artifice that will likely cause us more substantial injury, Fay transferred the loan documentation to XXXX XXXX XXXX XXXX , XXXX ( XXXX ). See Exhibit " 3 in attached document. 

As seen, there is clear and convincing evidence of an ongoing scheme in violation of Section 1036 ( a ) ( 1 ) ( B ) of the CFPA, Dodd-Frank Act, Regulation X of RESPA, Florida Criminal Code 831 and 817.535, between others. These calculated, FORGERY, and CONSPIRATIONAL actions to, unlawfully TAKE citizens property, might constitute criminal conduct by BSI and Fay ; and looks like XXXX is now part of the racketeering scheme. 
There are very powerful reasons in the state of Florida for these organizations to continue committing their unlawful acts and/or crimes, acting freely in impunity, for what this bureau must intervene. The racketeering scheme will continue unless someone faces criminal charges. 

It is necessary an action, that will prevent these organizations from the escaping strategy of transferring the fraudulent documentation over and over, even after signing settlements. If a settlement is entered, any provision of it should be binding to their heirs and assignees. 

THE B-NOTE IS FORGED, A COUNTERFEIT promissory note that is been used by these organizations in violation of criminal statutes, including, but not limited to Florida s. 817.535, s. 831.07, White Collar Crime Protection Act, and RICO. Their illegal and maybe criminal acts are causing me and my family substantial injury.

Company response to consumer: Closed with explanation