Consumer complaint received 2022-07-11
Company: Specialized Loan Servicing Holdings LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
REQUEST FOR REFUND ( 10 Month billing statement received on XX/XX/XXXX on my request ) 1. Statement date XX/XX/XXXX total due was {$32000.00} had escrow balance of {$13000.00} but has no records form this. 
2. Statement date XX/XX/XXXX total due is {$47000.00} 3. Default notice field with county is {$56000.00} 4. Additional {$14000.00} from XXXX to XX/XX/XXXX monthly payment of {$1000.00} for 4 months {$4100.00} not {$14000.00} over charging {$10000.00} 5. Default filed with county is {$56000.00} less XX/XX/XXXX total balance is {$32000.00}. XXXX is {$23000.00} plus {$5000.00} estimated public nuisance equals to {$28.00}, XXXX 6. TOTAL AMOUNT OF REFUND IS {$28000.00} PLUS INTEREST IN 15 DAYS IS NEEDED. 

On XX/XX/XXXX I filed written dispute with SLS and as of XX/XX/XXXX they have not send response therefore they have no records to validate the debt of {$56000.00}. 
On XX/XX/XXXX I filed dispute with XXXX XXXX XXXX and as of XX/XX/XXXX there is no response to my dispute because they have no records. 

DISPUTE IS REAL AND LEGITIMATE DISPUTE BAD FAITH DEFAULT ITS TOTALLY BAD FAITH DEFAULT NOTICE FILED WITH COUNTY RECORDS OFFICE WITHOUT RESPONDING TO DISPUTE, WITHOUT RESOLVING DISPUTE AND HAVING NO RECORDS TO FILED NOTICE TO FORECLOSURE THE PROPERTY. 
Both entities are violation of FDCPA 12 CFR 1026.13 ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period ; and " ITS CLOSE TO 11 MONTHS NO RECORDS TO DISPUTE FILED WITH SLS AND CLOSE TO 4 MONTHS XXXX DEFAULT SERVICE DISPUTE WAS FILED ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice. 
" ITS CLOSE TO 11 MONTHS NO RECORDS OF DISPUTE FILED WITH SLS AND CLOSE TO 4 MONTHS XXXX  DEFAULT SERVICE DISPUTE WAS FILED AND NO RESPONSE FROM BOTH ENTITIES AND BOTH VIOLATED ABOVE FDCPA LAWS ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. 
" WITHOUT RESPONSE TO DISPUTE AND HAVING NO RECORDS BOTH ENTITIES ARE IN VIOLATION OF ABOVE FDCPA LAWS BY FILING DEFAULT NOTICE WITH COUNTY RECORDERS OFFICE FOR THE FULL AMOUNT OF {$56000.00} THAT I HAVE LEGAL RIGHT TO WITHHOLD DISPUTED AMOUNT '' ( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.

( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. 

" FILING DEFAULT NOTICE TO FORECLOSURE THE PROPERTY WITHOUT VALIDATING THE DEBT AND RESOLVING DISPUTE BOTH ENTITY IS IN VIOLATION OF ABOVE FDCPA LAWS THEY HAVE NO RECORDS, NOT SENDING RESPONSE TO DISPUTE AND NOT SENDING BILLING STATEMENT EVERY MONTH

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