Consumer complaint received 2018-05-01
Company: FIRST AMERICAN FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
This complaint contains NEW information. First American has scheduled a foreclosure sale for my home on XX/XX/XXXX and recorded this with the XXXX XXXX County Recorder 's Office. ( See attached file : Trustee Sale Recorded With County Recorder ). This is a total violation of federal consumer financial law. In accordance with the letter enclosed with the notice of default, in the third sentence I disputed the debt. ( See attached file : Dispute ). The letter datedXX/XX/XXXX stated : " The law requires First American to suspend its efforts to collect the debt ( through litigation or otherwise ) until First American Title Insurance Company mails the requested information to you. '' ( See attached file : Trustee-First American ).

When a consumer disputes a debt, the debt collector may not continue to collect the debt or contact the consumer again until the debt has been properly validated in accordance with legal standards. In this case foreclosure is debt collection because the debt was obtained after it was already in default. In fact I went into default in XX/XX/XXXX and have remained in default the entire time. I have not made a mortgage payment since XX/XX/XXXXwhich means the statute of limitations has run as well. ( See attached file : XXXX CREDITOR ).

First American did not mail me anything to validate the debt as the letter stated. Instead, First American forwarded the dispute to XXXX XXXX XXXX XXXX XXXX  which is a debt collection agency disguised as a mortgage loan servicer and a complete and total violation the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. XXXX  then provided documentation that did not conform with the legal standards to validate the debt. ( See attached file : Improper Debt Validation ).

Also when the loan is sold to a new creditor, the new creditor must prove the loan was assigned to it with documentation such as a bill of sale or receipt from the previous creditor. I refinanced my mortgage with XXXX XXXX  inXX/XX/XXXX. The FDIC then sold XXXX  to XXXX. XXXX and First American both contend XXXX XXXX is the new creditor. However the Assignments of Deed of Trust do not hold up in court as it is a well established fact XXXX never acquired any XXXX  loans.

This was one of the issued involved in my dispute. ( See attached file : Dispute ). I have now obtained the actual Assignments of Deed of Trust recorded with the XXXX XXXX County Recorder 's Office. ( See attached file : Fraudulent Assignment of Deed of Trust ).

As part of my dispute I reference a law suit agsint First American in which the court explained that In XXXX v. XXXX XXXX XXXX XXXX XXXX ( XX/XX/XXXX ) XXXX XXXX XXXX XXXX  : " The foreclosing bank had offered no evidence to establish that XXXX XXXX XXXX had the beneficial interest under the XXXX  deed of trust to assign to the Bank. ( Ibid. ) The court believed the assignment of the Deed of Trust was hearsay, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well.

The attached California Assignments of Deed of Trust are consistent with the courts decision in XXXX v. XXXX XXXX XXXX XXXX XXXX  ( XX/XX/XXXX ) XXXX XXXX XXXX XXXX. As a result there is nothing to prove XXXX XXXX  was assigned the loan from the previous creditor. ( See attached file : XXXX v. XXXX XXXX XXXX XXXX ). Notice however this was a law suit agsint First American in which the court reference the case law. Since this case was decide onXX/XX/XXXX, there has been nothing to overturn it and no reason to believe it ever could be. Also enclosed is deposition testimony from a separate case that proves these Assignments of Deed of Trust are fraud. As a result First American has no excuse for scheduling a foreclosure sale for my home.

Therefore First American has violated the law. 15 U.S.C. 1692f ( 1 ), Taking or threatening to take any non-judicial action to effect disposition or disablement of property if, e.g., there is NO PRESENT RIGHT OF POSSESSION of the property claimed as collateral through an enforceable security interest is prohibited under the FDCPA. XXXX XXXX XXXX has no present right of possession and neither does XXXX.

First American has ignored this and scheduled a foreclosure sale for my home on XX/XX/XXXX. This is a total violation of federal consumer financial law. The CFPB published an announcement that it would partner with the FTC to combat illegal debt collection. ( See attached file : CFPB and FTC Combat Illegal Debt Collection ). Evidently neither XXXX not First American have any regard for these government agencies.

On XX/XX/XXXXFirst American stated the file was suspended and no date has been set for the subject property. ( See attached file : Foreclosure Suspended ). Three months have passed without any communication from either First American or XXXX and now suddenly without providing any further documentation to validate the debt, First American has schedule a trustee sale forXX/XX/XXXX.

OnXX/XX/XXXX First American mailed me a notice that was backdated to XX/XX/XXXX and told me unless I take legal action to protect my property it may be sold at public auction and if I want an explanation to contact a lawyer. ( See attached file : Mail fraud ). Given onXX/XX/XXXXFirst American already informed me the file was suspended, it is not possible on XX/XX/XXXX for First American to inform me my property may be sold at public auction. On XX/XX/XXXX First American also informed me it received my notice to cease and desist. ( See attached file : ( Cease and Desist ).

In addition to 15 U.S.C. 1692f ( 1 ), First American has also violated 807. False or misleading representations ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

806. Harassment or abuse. A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.

808. Unfair practices. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.

Company response to consumer: Closed with explanation