Consumer complaint received 2017-10-10
Company: McCarthy & Holthus, LLP
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
McCarthy & Holthus is allowing " Abusive Collection Tactics '' on a " Note '' that is not owed, wrongly claimed figures as owed, and now finding a wrong Client ClaimedFAKE Claims of having a client that differs from the " Client '' that is now making claims to Service this Account for XXXX XXXX XXXX as Investor -- HOWEVER XXXX states they are NOT the Investor and XXXX states that they are servicing for " Investor '' XXXX XXXX as of Today ; XXXX/XXXX/XXXX. Now this has caused great distress as MCCarthy acting as Attorney 's and acting as a claimed Sub of Trustee would then have no underlying client being this situation. 
Upon Review of a Federal BK filed, XXXXXXXX XXXX handled hand carrying false claims to the Federal Court - stating that another was the owner, NOT XXXX. Then at the end of the BK McCarthy took over this file and claimed worked on behalf of INVESTOR XXXX XXXX as Trustee for XXXX as INVESTOR - Obviously this claim is not true. Admitted as not true by XXXX on this DATE : XXXX/XXXX/XXXX by OMBUDSMAN named XXXX XXXX. She confirmed verbally on an approved Recorded Phone Call. And sent a Letter that shows XXXX as Lender by email directly. NOW this is causing MCCarthy to not have been hired by their claimed " Creditor '' as no link exists to their claimed client except by a Forged Backdated Assignment from a non lender making a cloud on the title. Now McCarthy has also hand carried fraudulent documents to the Federal Courts on my " other '' Property ( which will is right now under Commercial Crimes Division AND given to the FBI ) as an underground Deed Theft Ring is making up FAKE Bank Names and stealing from the Servicer 's, and this Slander of Title caused to be mistaken as truth when a false claim and false figures and omitted loan payments were made and stolen from homeowner for 7 years of payments missing. Now a Review of the Documents recorded at the Federal Court AND filed at the County Records. 

Finding that a FAKE SUB OF TRUSTEE made up by XXXX and their Notary that is non compliant and no matching links whatsoever to this party making claims. That underneath all these false Sub of Trustee 's that have NO REAL CLIENT and do n't seem to care that no real creditor exists on this XXXX ' Note -- and is making false claims. 

McCarthy is working AKA XXXX XXXX XXXX. When acting as XXXX this firm used Deceptive Practices including " Mailing of a Notice of Sale '' to the Wrong Address. To purposely NOT Notice homeowner of a Sale Date. This pattern continues. This has been a ton of illegal claims by the Attorney 's claiming to act under laws, claiming to the Servicer 's that have also convoluted false claims of having hired attorney firm via a power of attorney that has no real link. That MCCarthy & Holthus is closely related to the schemes that are misrepresenting the Federal Courts and to the County Records FALSE CLAIMS knowing that representations are not possible. Then slide into a role claiming that they are not really Attorney 's acting even though they told the Judge in the Federal Court they were in fact " Attorney 's '' and had a " client ''. That also produced forged notes ; The note that they have is a fake note ; forged note by a pre-dated allonge that was now somehow created before homeowner ever signed her documents. This is NOT Possible to be a true allonge and in a CFPB Complaint to XXXX Bank - XXXX had and holds a different Note having NO allonge and is more similar to that of the homeowners'note therefore A FORGED NOTE IS HELD BY MCCARTHY & holthus that is not a true note and appears was Stolen or under laws would constitute a Stolen Note. 

Now McCarthy & Holthus claim that they now DO NOT REPRESENT XXXX - that they represent only XXXX. However XXXX states opposite that MCCarthy IS their Attorney and advises on the Applicable State laws of procedures on foreclosures. Which under the laws of CA State are non compliant to State Laws. This includes having been noticed of mistakes on their face, and failing to abide under CFPB laws and under CA applicable laws. A Letter was sent to them and they failed to respond. 

Another Letter was sent, Email was sent, and a Breach of Contract was sent as well as Notice of Error 's on figures, and Breach on the underlying item 16 noted in the Deed of Trust NOT upheld. Again, No Answer has come. 

Upon looking at the Recorded Documents - and the claims made ; Bogus Forged Note ; a Lender that says " they are not the lender '' and now XXXX claiming that YES that Lender that said they were NOT the lender is NOW the Lender - - XXXX continues to state They are NOT The lender however they had stated they were until the Regulators fined them in several lawsuits and finally they backed off - NOW XXXX acting solely as client for MCCArthy is aiding and abetting false fake " Investor 's '' named as XXXXXXXX XXXX XXXX states today that XXXX is the INVESTOR. MCCarthy states " only '' client is XXXX however on paper of the NTS and acting on the defective NOD is another story that McCarthy was hired as the Sub of Trustee specifically assigned to their XXXX entity to claim that they have a " different client '' a 3rd party Trustee of a Trust. THIS IS NOT TRUE. However MCCarthy & XXXX XXXX do not care if they have a real client. 

They are also now linked to a fAKE BANK and an Auction Company - XXXX XXXX and XXXX who are behind the backs of any real Bank making up FAKE BANKS AND stealing from their own clients. This has included a Property targeted for DEED THEFT and now MCCarthy being the link and XXXX another firm as the LINK to the FAKE DEED THEFTS. 

This along with breaking every single applicable law failing to answer, when they claim they would answer and continuing to cause Slander to Title of my property. This note was a XXXX ' XXXX Home Loan who went defunct in XXXX ' at that time was informed they would rewrite terms ; instead a claim later by XXXXXXXX XXXX said they took over XXXX XXXX XXXX -- later finding that on XXXX/XXXX/XXXX ' this note was not an Asset and WAS NOT taken over by anyone known. However XXXX allowed and claimed to be owner and Servicer. Then once caught by the Regulators changed " who '' they are. This caused " no underlying real entity '' to be known. However this did not stop XXXX from passing the paper trail to allow XXXX to make false claims and hire this firm now to AID in the false claims by a faulty FORGED NOTE and omitting 7 years of payments. Further abuse has continued. This has been horrendously abusive for the Attorney 's to ACT as if they have a Creditor Client when NO Such link is possible OR exists. This is part of a scheme that apparently is only now getting so out of hand that underlying SEC Regulators and the USDOJ are slowly getting this mixed up claim. Please find this a request for XXXX to make sure that the legal process is " legal '' for them to foreclose against all procedural laws and to know that IF foreclosed upon by wrong parties that they will be named as they are disregarding all applicable laws, and have been found to have brought fraudulent forged notes to the Federal Courts. I am attaching the two versions of the NOTE -- One from XXXX and the other from XXXX -- obviously XXXX has duped their attorney firms OR these firms are willing participants as now they are in clean up mode of stealing from the clients that they claim to represent. A fake Forged Note, a Fake Sub of Trustee self created to make false claims, and no review under mandatory laws to review per CA laws ; CC 2924.17 & 18 and under all CA pre=foreclosure mandatory procedures to be upheld by any such Sub of Trustee and have skirted the entire applicable laws State and Federal Laws. The forged note is NOT the borrower 's signature and was duplicated to then back date both a mix up for title records do not match the Note ; The allonge was pre dated to the loan and the allonge shows a XXXX as the XXXX 's name. This is bogus. The original note is no longer enforcable as it was time barred and however under operation of law - no laws are upheld by any Attorney 's as they are making tons of money to aid the " Servicer 's '' who are in this case pretending a real investor exists however that Investor XXXX states they are NOT the Investor. No real investor exists and this has caused massive horrendous abuses that have no good faith dealings found. Lies to the Federal Courts and forged documents by non compliant notaries.

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