Consumer complaint received 2022-02-23
Company: DAVIDSON FINK LLP
State: NY
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Indicated you were committing crime by not paying debt

Complaint:
On XX/XX/XXXX Attorneys for Schedule A Defendants, XXXX XXXX XXXX, did communicate to Pro XXXX defendant, XXXX XXXX XXXX to inform her that XXXX XXXX XXXX, are not a party in the action and have improperly been included in the action XXXX XXXX XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX assertions that disputed the debt ab XXXX, have proven to be true and Defendants did properly serve notice that the XXXX XXXX XXXX was seeking to collect a debt for XXXX XXXX XXXX who is not a defendant in the action from XXXX XXXX XXXX who is. Plaintiffs Attorneys, and XXXX XXXX XXXX have acted irresponsibly and in bad faith by confirming the Referees Report. This new evidence drastically changes the action and renders the Referees Report and all fees and services calculated in it to be incorrect and false. 
On XX/XX/XXXX in an email XXXX XXXX XXXX, Attorneys for XXXX XXXX XXXX, did state I have contacted the lender and requested that they remove us from the action and explained the situation. The lenders counsel is stating that they can stipulate to discontinue against us to remove us from the action, but they need to check with the title company. I informed them that we will have to file a motion to dismiss with reference to the Board if they do not remove us. Defendants did assert that XXXX XXXX XXXX will not pay XXXX XXXX XXXX debt. On XX/XX/XXXX, Plaintiffs did file a Motion to Confirm Referee Report and for a Judgment of Foreclosure and Sale, this new evidence is grounds to reverse its decision and deny that Motion to Confirm Referee Report and for a Judgment of Foreclosure and Sale as it is without merit. On XX/XX/XXXX, Defendants filed a Motion to Dismiss which was denied. In this Motion to Dismiss, Defendants did assert and state : WE recognize the Scheme to Defraud being perpetrated upon the defendants, therefore, XXXX XXXX and XXXX XXXX XXXX request dismissal with prejudice. We have submitted a voluminous amount of documentation to support a Motion to Vacate. We continue to suffer under severe duress in this time of XXXX XXXX epidemic, surely the court can find a way to rule on the matter under the Cares Act. NYS CPLR 3211 Motion to Dismiss supports the courts jurisdiction to now Stay the Foreclosure and Sale and award compensatory damages for fraud upon the court, proven now by the Attorneys submission on XX/XX/XXXX, when Attorneys for the Plaintiffs did submit an ATTORNEY AFFIRMATION IN SUPPORT OF PLAINTIFFS MOTION TO CONFIRM REFEREE REPORT AND FOR A JUDGMENT OF FORECLOSURE AND SALE MORTGAGED PROPERTY which improperly included XXXX XXXX XXXX XXXX, and now is without merit. CPLR 3211 ( d ) supports new evidence presented by the Defendants and these facts were unavailable to the XXXX. The court did grant the PLAINTIFFS MOTION TO CONFIRM REFEREE REPORT AND FOR A JUDGMENT OF FORECLOSURE AND SALE MORTGAGED PROPERTY, we are asking the court to reverse this decision and CPLR 3211 Motion to Dismiss supports this request to STAY THE FORECLOSURE AND SALE at the very least, CPLR 3211 ( f ) allows for Defendants to have time to plead. 
Exhibit B, On XX/XX/XXXX, Plaintiffs did submit to the court a Referees Report of Amount due. Referees Report did include Schedule A defendants, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX % XXXX XXXX XXXX XXXX being now referred to here as XXXX XXXX XXXX. 
Exhibit C, Defendants, XXXX XXXX and XXXX XXXX XXXX had already submitted a Notice of Dispute of the validity of the debt upon Plaintiffs Attorneys, XXXX, XXXX, XXXX, pursuant to the Fair Debt Collection Practices act ( THE ACT ) 15 U.S.C. SECTION 1601 AS AMENDED, which included XXXX XXXX XXXX, who were improperly named in this action. 
Exhibit D, Attorneys for the Plaintiffs did submit a FEES AND DISBURSEMENTS list to the court appointed Referee detailing Paid for searches CPLR 8301 ( a ) ( 10 ) {$620.00}. 
Exhibit E, Attorneys for the Plaintiffs did submit a FEES AND DISBURSEMENTS list to the court appointed Referee including two {$75.00} payments for Service # XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AS XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX % XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX. 
Exhibit F, Attorneys for the Plaintiffs did submit a Schedule A defendant list to the court appointed Referee which included XXXX XXXX XXXX XXXX XXXX % XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, NY XXXX Holder of a judgment against XXXX XXXX XXXX, docketed on XX/XX/XXXX in the XXXX XXXX XXXX XXXX in the amount of {$3900.00}. XXXX XXXX XXXX is not a party in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX foreclosure action, XXXX XXXX XXXX, have been improperly listed.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation