Consumer complaint received 2021-08-04
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:
FINANCIALLY SETTLED! 

Dear, Mr. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX, and XXXX  It is apparent that you have overlooked or ignored my request to confirm that you would accept full payment of the alleged obligation from me in consideration of your delivery to me of the original instrument of indebtedness in its original form. Accordingly, unless I receive your written confirmation that you will accept payment from me in consideration of your delivery to me the original instrument of indebtedness in its original form on or before XX/XX/2021, I will conclude that you are either unable or unwilling to comply, and I will thereafter consider the matter between us to have legally and financially settled. Letter sent certified mail and Fax on XX/XX/2021. 


UCC 3-501 also requires servicer to show authority to make demand for payments, if it does not own the note, but is servicing. In the event a note holder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the note holder or servicer complies with all laws or contract provisions.

Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. VIOLATIONS of the Federal Debt Collection Practices Act ( FDC PA ), Truth in Lending Act ( TILA ), Privacy act, Identity theft and Fraud. FTC Please provide all the requested documentation requirements on the Notice and Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt dated XX/XX/2021, XX/XX/2021 and XX/XX/2021. Furthermore, must herein provide a true and certified copy of the complete audit trail of said account. In order for MIDLAND MORTGAGE to validate the debt FOCA, please provide verification through audit certification of debt entry in accordance with g.a.a.p., i.f.r.s., in accordance with basel 3 accord and u.n.c.i.t.r.a.l conventions. I would also need a copy of your Tax Registration certificate! ( Exhibits, Homepoint Mortgage PAID IN FULL statement, FTC, XXXX  and Attorney General Complaints ). Breach of fiduciary duties, failure of consideration, Misrepresentation of a material fact, unjust enrichment, no loan or consideration was given, Fraud! Intentional act of fraud. Fraud, deliberate concealment of material information, fraud is a felon. 

Failure to substantiate the claim, please settle account immediately within the next ten business days from XX/XX/2021. 


Warm Regards, XXXX XXXX XXXX XXXX XXXX and XXXX Reserving all my rights without prejudice Executor of the Estate XXXX XXXX XXXX

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