Consumer complaint received 2018-04-20
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Somehow XXXX has allowed XXXX XXXX XXXX XXXX/XXXX  XXXX XXXX/ XXXX/ XXXX and XXXX file fraudulent information on the secured party and creditor Aka the real party in interest i, woman, XXXX XXXX XXXX, and XXXX XXXX XXXX re-presents a complaint against the Defendants herein this day as to Harassment Slander Defamation and libel. They have the wrong address and the wrong persons. The names presented upon debt and or mortage is XXXX XXXX XXXX and XXXX XXXX XXXX. Banks aka the Defendants have illegally contacted Plaintiffs requesting monies unproven to be owed without show of cause and proper documentation. Also Plaintiffs have notice multiple attempts of XXXX XXXX XXXX  XXXX. Mortgage Division has sold or transferred the alleged information that of the Plaintiffs without consent, rights thereto, and proper information. Upon multiple request, Plaintiffs had given the Defendant XXXX XXXX XXXX. and employees Qualified Written Request to be filed and that with accuracy thereto the Plaintiffs private and personal property. Be it known this is not about a attempt to foreclose but the threat of such without proper and legal access thereto the Plaintiffs private property located at XXXX XXXX XXXX XXXX XXXX CA [ XXXX ]. In fact Defendant XXXX XXXX mailed emailed and such the like provided documents thereto the Plaintiffs with incorrect information with the names and address of XXXX XXXX XXXX and XXXX XXXX XXXX. Based upon the letters presented approximately on four different occasions, Defendant XXXX XXXX has contacted the Plaintiffs without show cause and proof of a debt. But rather continued to threatened the Plaintiffs and their land and home. Thereafter the Plaintiffs filed a complaint against XXXX XXXX XXXX for identity theft and forgery approximately XX/XX/XXXX and the court hearing was held XX/XX/XXXX. The Defendant was notified but as usual ignored the notice. Soon after the court date and filings of such records with the court XXXX XXXX XXXX. and employees not limited thereto XXXX a subsidiary and or acquired bank whom also alleged rights to the Plaintiffs home property and land falsely. Such employees where contacting the Plaintiffs via USPO mail such as XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX all currently employed therewith XXXX XXXX XXXX. whom also where employed with XXXX before XXXX XXXX squired them during the housing market crash and as well the same employees are believed and proven to have worked with XXXX XXXX XXXX d.b.a. XXXX XXXX XXXX  whom was forced out of business by the California Corporations Commissioner on or around XX/XX/XXXX, due to fraud, revoking a license they failed to obtain before doing business in the housing and mortgage markets therein XXXX XXXX County or the State Of California. XXXX XXXX  XXXX is currently doing business under the name XXXX XXXX XXXX XXXX. Said company has been fined by government agencies for resurfacing under a new name. The law states that a Mortgage and all documents therein must be signed by both parties present. The new law is intended to expand the federal government 's capability to prosecute mortgage fraud, securities and commodities fraud, and other frauds related to federal assistance and relief programs. Prosecuting Mortgage Fraud Cases as Bank Fraud. By amending the definition of financial institution to include a mortgage lending business, as a result, convictions for mortgage fraud can now carry a 30-year maximum prison sentence or a maximum {$1.00} XXXX fine, or both. Even more importantly, mortgage fraud cases will now have a 10-year statute of limitations, as opposed to the 5-year statute of limitations for other frauds, which will give federal prosecutors much more time to develop such cases. IDENTITY THEFT - The Plaintiffs believes that XXXX XXXX XXXX obtained their information from public records via XXXX XXXX County Registrar Office either in XXXX Ca and or within said offices therein the State Of California. This information was illegally sold thereto XXXX whom hired XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX, formerly of XXXX XXXX. For XXXX XXXX  employees XXXX XXXX XXXX along with a notary by the name of XXXX XXXX filed a illegal Mortgage Document thereon or about XX/XX/XXXX, and again XXXX XXXX XXXX filed a document therein the same government agency on or about XX/XX/XXXX. This was done by appearing therein the County Registrar Office and obtaining private and personal information. Basically the Defendants in tort be it XXXX XXXX XXXX and XXXX/XXXX  XXXX XXXX. used these fraudulent documents and created an instrument aka a mortgage loan unbeknownst thereto the Plaintiffs until on or about XX/XX/XXXX. On XX/XX/XXXX, President Obama signed into law the Fraud. The new law is intended to expand the federal governments capability to prosecute mortgage fraud, securities and commodities fraud, and other frauds related to federal assistance and relief programs, such as the Troubled Assets Relief Program.  HARASSMENT - After the company XXXX XXXX XXXX now doing business as XXXX XXXX XXXX XXXX, had obtained the Plaintiffs Private and personal information they called the Plaintiffs making fraudulent unbelievable offers to refinance, when the home owners [ Plaintiffs ] said no, and was no longer interested due to the issues presented that was too good to be true, they XXXX XXXX  XXXX then forged documents and allegedly sold them to XXXX unbeknownst thereto the Plaintiffs until XX/XX/XXXX. Nothing appeared thereon their credit reports until XX/XX/XXXX, not limited to a unknown lien by way of a credit card from XXXX XXXX XXXX. whom alleged a debt that was XXXX filed in XX/XX/XXXX and agreed upon such in XX/XX/XXXX when the debt was to be XXXX. XXXX XXXX not limited thereto employees filed a lawsuit against XXXX XXXX XXXX Plaintiff in order to place the lien upon the home because the property had no liens no mortgage assignments thereafter PAID IN FULL with XXXX XXXX XXXX XXXX in XX/XX/XXXX, whom was suddenly acquired by XXXX XXXX in XX/XX/XXXX with the Plaintiffs information private and no consent to do any business therewith XXXX XXXX XXXX. More over the only name on the home was that of XXXX XXXX XXXX, not XXXX XXXX XXXX as recorded in the Deeds records and such the like. None the less XXXX XXXX XXXX. not limited to employees added his name to newly created documents. Thereafter XXXX began contacting the Plaintiffs requesting payments late payments and back payments of monies owed that was not proven such a mortgage existed. Thereafter XXXX Produced a Mortgage document with the names that look like the Plaintiffs but was not that of the Plaintiffs. XXXX XXXX XXXX did not appear thereon the documents as well nor did XXXX XXXX XXXX. During the complaint initiation filed with XXXX XXXX XXXX. and later with the CFPB in XX/XX/XXXX the SEC, OCC and such the like agencies that regulated such banks in actions therein. Also contacting neighbors and family members embarrassing the XXXX by stating in writing that they the XXXX do not like to pay the debts. As well reporting it thereto credit agencies and bureaus such as XXXX, Equifax, XXXX and others. Such was ignored and other failed attempts deleted from the credit reports of the Plaintiffs as of XX/XX/XXXX. XXXX XXXX also reported this information thereto XXXX XXXX Trustee and such the like, whom in response to the Plaintiffs by XXXX, whom stated in a letter XX/XX/XXXX, this debt is real and still owed. SLANDER & LIBEL - The Plaintiffs have no record contracts with XXXX XXXX XXXX. Plaintiffs recall having credit cards with XXXX XXXX XXXX. whereas they believe other private old or new information was attained and used to harass Plaintiffs in order to create a mortgage contract by said bank not limited to employees and acquired banks therein. Slander is mentioning someones personal and private business thereto others without proof facts truth and such the like. The action, or crime, of making a false spoken statement damaging to a person 's reputation. Such was done when XXXX XXXX XXXX. made multiple attempts to record this information with the XXXX XXXX County Registrar Office, Courts, and other agencies such as the XXXX XXXX   County Tax Accessor and more. Libel is a published false statement that is damaging to a person 's reputation ; a written defamation. Code of Civil Procedure - CCP 170.6. ( 1 ) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding. home owners and customers are now APPELLANTS STATEMENTS OF FACTS - The Plaintiffs filed accordingly thereto the laws within these United States thereto serving all Defendants herein mentioned within said complaint and claim [ s ] and all where served on or about XX/XX/XXXX. Judge XXXX XXXX XXXX duty sworn under oath has failed himself by not reading the briefs, complaint claims and recusals not limited thereto disqualifications as to attorneys creating confusion as to who they are and to what they are doing. No answers where filed, no notices of appearances, they the Defendants attorneys just showed up with a notice of removal on XX/XX/XXXX filed alleging that they filed it on XX/XX/XXXX XXXX well after the Plaintiffs filed their Motion for Default Judgement and hearing set on XX/XX/XXXX. ARGUMENT - Plaintiffs have filed this complaint on XX/XX/XXXX. Plaintiffs amended, and released XXXX  XXXX XXXX on or about XX/XX/XXXX. All Defendants where served on or about XX/XX/XXXX. All Defendant minus [ XXXX ] XXXX XXXX XXXX XXXX. defaulted on or about XX/XX/XXXX when the Plaintiffs filed their Motion For Default Judgment hearing paid for and set forth on XX/XX/XXXX XXXX. The Defendants failed to file with the courts on or about the 30 days of receiving the summons and complaint and chose to delay by filing only an answer therein District State Court Central Division on or about XX/XX/XXXX and or about XX/XX/XXXX. By doing this at this time means they defaulted. All Defendants listed herein this amended and original complaint are responsible for they too did respond with letters and therein court by removal and such the like of Plaintiffs case, they are not being sued erroneously for their involvement are as follows ; XXXX XXXX XXXX and such the like claims to be the Trustee, and supported this fact by way of multiple letters. XXXX   aka XXXX XXXX XXXX XXXX claims to be the Nominee and beneficiary without legal rights to land or property but known as a online record keeper of Mortgages. XXXX XXXX claims to be the servicer and owner of said mortgage alleged created out of identity theft and forgery creating the slander defamation and libel case herein. XXXX XXXX XXXX XXXX and such the like claimed to be the new debt collector as of XX/XX/XXXX and supported this fact with letters sent to the Plaintiffs home. XXXX XXXX XXXX, formerly known as XXXX XXXX XXXX by way of XXXX XXXX alleged to have originated the loan and the documents where recently produced and mailed to the Plaintiffs home property and land on XX/XX/XXXX, by attorney in representation. XXXX XXXX  XXXX Bank alleged to have acquired the fraudulent mortgage from XXXX XXXX  XXXX as of XX/XX/XXXX unbeknownst thereto the  Plaintiffs until XX/XX/XXXX, whereas four years later XXXX supported this fraud by sending letters stating that a debt or a mortgage was owed due to their acquisition of XXXX in XX/XX/XXXX. This is abiding therein the Statute Of Limitations for the ten year period this has been going on. STATEMENT OF APPEALABILITY This appeal is from the judgment of the XXXX XXXX County Superior Court and is authorized by the Code of Civil Procedure, section 904.1, subdivision ( a ) ( 1 ). ( a ) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following : ( 1 ) From a judgment, except an interlocutory judgment, other than as provided in paragraphs ( 8 ), ( 9 ), and ( 11 ), or a judgment of contempt that is made final and conclusive by Section 1222. ( 2 ) From an order made after a judgment made appealable by paragraph ( 1 ). ( 3 ) From an order granting a motion to quash service of summons or granting a motion to stay the action on the ground of inconvenient forum, or from a written order of dismissal under Section 581d following an order granting a motion to dismiss the action on the ground of inconvenient forum. ( 4 ) From an order granting a new trial or denying a motion for judgment notwithstanding the verdict. ( 5 ) From an order discharging or refusing to discharge an attachment or granting a right to attach order. ( 6 ) From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction. ( 7 ) From an order appointing a receiver. ( 8 ) From an interlocutory judgment, order, or decree, made or entered in an action to redeem real or personal property from a mortgage thereof, or a lien thereon, determining the right to redeem and directing an accounting. ( 9 ) From an  interlocutory judgment in an action for partition determining the rights and interests of the respective parties and directing partition to be made. ( 10 ) From an order made appealable by the Probate Code or the Family Code. ( 11 ) From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds XXXX XXXX dollars ( {$5000.00} ). ( 12 ) From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds XXXX XXXX dollars ( {$5000.00} ). ( 13 ) From an order granting or denying a special motion to strike under Section 425.16. ( 14 ) From a final order or judgment in a bifurcated proceeding regarding child custody or visitation rights ( b ) Sanction orders or judgments of XXXX XXXX dollars ( {$5000.00} ) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ. As for XXXX XXXX XXXX all the credit agencies know that he have no record of ever having a mortgage and such was the reason for the lower score less than XXXX rating. Therefore never having a mortage without proof facts and evidence other than forged identity theft documents only creates such complaints toward the credit agency that of XXXX and others. 
XXXX XXXX and XXXX XXXX XXXX XXXX had been given a Cease and Desist, court order of identity theft held on XX/XX/XXXX and other documents from the DOJ concerning this matter and now this is being pursued by Plaintiffs XXXX XXXX XXXX and XXXX XXXX XXXX in Federal Court, State Court of appeals and other legal arbitration venues. Please do not make us add your agencies thereto this complaint. Also just got off the phone with XXXX from XXXX  and learned that this was newly added to the credit report of XXXX XXXX XXXX and XXXX XXXX XXXX as of XX/XX/XXXX whereas that is fraud and identity theft see exhibits. XXXX XXXX does not work for XXXX XXXX XXXX this is fraud XXXX stated this in a letter addressed to you XX/XX/XXXX. 
Please remove within the next 15 days. 
Notice XXXX and XXXX has the wrong persons names and identity XXXX XXXX and XXXX XXXX XXXX and XXXX XXXX XXXX we are not related and do not share the same address. That address of XXXX XXXX XXXX is rental property for XXXX XXXX XXXX only and is only in her name paid in full as of XX/XX/XXXX. All this information and request is undisrupted.

Company response to consumer: Closed with explanation