Consumer complaint received 2021-11-18
Company: MIDFIRST BANK
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Re : XXXX XXXX XXXX XXXX ( XXXX XXXX ) Home Loan # XXXX, XXXX Mortgage XXXX XXXX # XXXX, FHA Case # XXXX, XXXX XXXX CT XXXX FL XXXX and XXXX You are hereby in receipt of notice under the authority of the Fair Debt Collections Practices Act regarding your above referenced file number that part, or all, of the alleged debt is DISPUTED and hereby demand validation and verification, in writing, as follows : XXXX ) An authentic signed contract between you and CLIENT MidFirst Bank XXXX XXXX that you and that person and you are now or were at XXXX time in business together and other supporting documentation that gave rise to the alleged obligation CREDITOR is claiming owed. 

XXXX ) An authentic invoice for goods and/or services you provided. 

XXXX ) XXXX, under penalty of perjury that : a. You are the bonafide party in interest of the contract and will produce said authentic signed contract ( # XXXX above ) for my own and a judges inspection should there be a trial to contest these matters. 
b. The name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection or legal proceedings regarding the alleged debt. 
c. As a debt collector you have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party. 
d. You know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause. 
e. You will provide written verification from the stated creditor MidFirst Bank that you are authorized to act on their behalf in this debt collection action. 
f. You have taken reasonable and prudent diligence to verify that the amount claimed owed is in fact a legitimate debt prior to instigating this action and making said claims, and that all relevant correspondence has been reviewed prior to initiating this claim. 
g. You will prove that MidFirst Bank is the original creditor, if in fact you claim to be, and that the United States XXXX Federal Reserve nor any other entity besides your organization originated these funds. 

XXXX ) Production of the account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect from me, signed and sworn by the person responsible for maintaining these records and having first-hand knowledge as to their accuracy and authenticity, and able to testify under oath to that effect. 
XXXX ) Under the Truth in Lending Act pursuant to XXXX USC XXXX-XXXXj ( full disclosure ), I have a right to know who the true party of interest in this transaction is. As such, I am asking you to stipulate whether you are the holder in due course for my promissory note. If you are not the holder, then you admit to being the servicer of this obligation. 
XXXX ) Please also stipulate for the record whether or not the alleged loan has been securitized, and if so, the name of the XXXX the alleged loan is bundled with. 
XXXX ) If the alleged loan has been securitized, then please provide me the pooling and servicing agreement that names my loan as well as any documentation that explicitly gives you the right to service this alleged loan as well as enforce the promissory note in the event of a foreclosure. If you are hiding these facts from my despite my request, then you are hereby notified that you are committing fraud and shall be named in a wrongful foreclosure civil action. 
XXXX ) Pursuant of U.C.C. - ARTICLE XXXX -XXXX-XXXX ( b ) XXXX ( XXXX ), I am entitled to demand presentation of the negotiable instrument. That demand is hereby ordered. I demand that you present for my visual inspection MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE This is required to establish your right of enforcement as Holder in Due Course via a chain of assignment as evidenced by the Note. Claiming to be the the holder in due course as a statement is insufficient proof of status and is/will be rejected. A photocopy of the documents is insufficient proof as it does not answer the question of who CURRENTLY is the rightful and lawful holder in XXXX XXXX. 
If you are unable to provide this proof as I have requested within XXXX days, then you admit to not being a party of interest and can not rightfully enforce your claim under XXXX. - XXXX XXXX XXXX. If you are unable to provide this proof as I have requested within XXXX days, then you admit to not being a party of interest and can not rightfully enforce your claim under XXXX. ARTICLE XXXX XXXX. 
XXXX ) Under XXXX Code TITLE XXXX XXXX XXXX XXXX XXXX SUBCHAPTER V > XXXX part b ), this debt is now officially in dispute. By law, all collection activities must cease until this matter is resolved. You are hereby given notice. Blatant disregard for this law is subject to fines by the FTC. You are advised to consult legal counsel on this matter. 
XXXX ) I am giving you formal notice that failure to respond to this letter through a verified and validated proof of claim within XXXX days as I have asked for, point for point will be taken as an administrative default. 
Please be advised. A COPY of the said Note nor an Affidavit of Loss or any other forms will not be acceptable. 

Please provide me the following : XXXX. A statement admitting whether you are the holder in due course or whether you are a servicer. 
XXXX. A statement admitting whether you have sold my note in a pooling and servicing agreement. This is also known as securitization. 
XXXX. The identity of the true holder in due course for my loan. If the loan has been securitized, the name of the XXXX this alleged loan was sold to. 
XXXX. The CUSIP number under which my loan was securitized to. 
XXXX. Make available for visual inspection my original wet ink promissory note ( not a photocopy ). 
Please contact me in writing to arrange for an appropriate point of inspection. 

This is my good faith attempt to resolve this matter before I am forced to litigate against your company. I am pleading with you to resolve this matter privately and civilly as to avoid burdening our courts with this matter. If I have to, I will see you in court. 

Contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes a scheme of fraud by advancing a writing that you know or should know is false, with the intention that the courts and/or others rely on the written communication to impair or damage my credit rating, my reputation, my standing in the community as well as intentionally inflicting financial and emotional harm upon me. I take this notice, and my rights, very seriously and expect Midland to do the same. 

In the event that this debt is not validated by you, as required by the Fair Debt Collections Practices Act, you have a legal responsibility to terminate the claim and correct any negative credit reporting which may have been made in connection with this alleged debt. You may want to obtain a legal opinion on this, but I believe that would constitute a scheme of fraud if this debt were to be resold ; assuming that Midland has in fact purchased evidence of debt in this matter. 

I also will not respond to any future correspondence that is not signed or does not indicate who at your firm has sent the demand for payment. 

I expect timely responses to the above confirmations and that they be made in writing and sent via certified mail to the address listed below. Alternately, a letter from your firm that the matter has been satisfied and a copy of the letter you sent to all XXXX credit reporting agencies asking them that any adverse credit reporting relating to this transaction to be expunged by these XXXX major credit reporting agencies immediately. 

Failure to provide these items shall mean your admission that you have no claim, your agreement not to report negatively to the credit bureaus, and your agreement never to contact me or the person named in your correspondence again. Failure to substantiate the claim, Delete accounts immediately from your XXXX and the XXXX credit bureaus.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation