Consumer complaint received 2023-10-12
Company: Fidelity National Financial, Inc
State: NM
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I notified the attorney general office and provided them with the class action suit against XXXX I received some notification sent by your insured to contact hud as " occupants of the property '' which we have own and occupied in the last 15 years. 
HUD asked us to talk to FTC for fraud. 
The bank, your client asked us to do repairs as the " borrowers '' do not have insurance to satisfy our refiance ( of the land contract that pays original mortgae ) and close The bank refused to give a copy of th enote and wants to foreclose after agreing with us to payoff the original loan they say they got form " XXXX XXXX XXXX XXXX the loan we wrapped and want to assume is the original loan in XXXX  We got title insurance and we have own the equitable title and equity since XXXX 
The bank refused to work with us againnst CFPB class action suit and wants to liquidate our equity to pay third party 's debt of XXXX, a scond mortgage from XXXX  XXXX XXXX that is a not fully executed mortage All owners must sign ona mortgage and this was filed AFTER the original loan and after the land contract without oru knowledge or agreement and without our signatures infact the bank, your insured of XXXX as per XXXX XXXX XXXX indicate that they " can not give us information on the note. or loan '' because we are third parties. You can not ccollect witiout this requireent to notify and validate per XXXX and is a violation for the second time AFTER the bank was already indicted. 
Looks like since they ahve fidelity national title paying attorney fees and mechanical fees, the bank opts to have a remodelled and fixed property to sell after deceiving the owners and seizing illegally a property. Your client does not have the title in the name of the debtor of your mortgage and is a ssecond loan without our agreement to subordiantion. 
It appears that my mother was in the XXXX XXXX XXXX XXXX when your client took adbantage of this to file and she could not respond prose in her XXXX to date we di dnot receive notice of your special master client wishing to foreclose. 
We already sold the property interest to another family memmber that was realdy to close on the payoff of the original loan. The prior 2 sellers in XXXX  agreed in record to pay. any amount over the land contract value and your client faile to collect from XXXX XXXX XXXX  when they sold an investment property in XXXX and they are saying that you can not collect from them for theirdebyt because its past the statute of limitations so because of the negligence of the two title companies, they walk free. You can not collect a bill we did not agree or sign in XXXX  from a third party. We agreed to refiance the XXXX loan after your client collected XXXX during the pedebcy of th eoffer of asuption of what we thought was the original mortgage of XXXX. Your client is trying to collect from an innocent purchaser of value a loan that is undisclosed and not fully executed by alll the owners and voicable but the bank is saying you have insurance against their violation of consummper protection ALTA 2020 laws ( RESPA and TILA ) and will defend them in court and inany allegation of fraud due to their lender policy coverage " The Company will also pay the costs, attorneys fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. 
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Condition 16.

" SO WE ARE SUING YOU TO PAY OFF THE MECHANINC LIENS OF ROOF HEATER, WINDOWS, PLUMBING LEAKS, MOLD AND ALL THE DOORS AND OTHER REPAIRS THE BANK ASKED US TO DO PRIOR REFINANCE/MODIFICATION AND THROUGH A LETTER TO THE CFPB THAT WE HAVE WE ARE ALSO WANTING TO KNOW HOW MANY YEARS YOU ARE GOING TO DEFEND YOUR CLIENT IN COURT.

WE AARE ALSO CONTACTING THE STATE SUPERINTENDENT OF INSURANCE FOR PRACTICES OF YOUR CLIENT AS INSURED AGAINST ALTA POLICIES WE COULD NT CLOSEON REFINANACE BECAUSE YOUR CLIENT DOES NOT WANT TO DOO THER THAN FORECLOSE AS THEY ARE " INSURED '' BY FIDELITY SO YOU AHVE TO GIVE US INFORMATION ON THE COVERED OR NOT COVERED EXCEPTION. NM ATOTORNEY GENERAL, HUD AND FTC HAS BEEN INFORMED BUT CORPARTIONS GET CHARGED A MEAGER XXXX BY CFPB THAT FORECLOSING WITH ALL THE FEES, AND JUDGMENTS IS WORHT FOR THE NET OUTCOME AND NET WORTH TO THEM. HOWEVER THEY ARE DAMAGING AND HARMING INNOCENT PURCHASER OF VALUE. THIS IS MY HOME FOR THE LAST 15 YEAR AND I OCCUPIED IT CONSTANTLY THERE S NO WAY A FHA LOAN OF XXXX WOUTLD HAVE BEEN DOEN EVEN AS INVESTMENT, THE REQUIREMENT IS TO OCCUPY OR OWN WHICH THE SALCEDO " BORROWERS '' DI DNOT MEET THE REQUIREMENT, THAT IS WHY IS GOING TO FTC AS FRAUD AMONGST OTHER REASONS SUCH AS YOUR INSURED RETURNING XXXX OUT OF THE XXXX CAHS THEY TOOK DURING THE PENDENCY OF THE LITIGATION SINCE XXXX IN MONTHLY INSTALLMENTS UNDER THE PRETENSE OF TRIAL PAYMENTS OF WHAT WE THOUGHT WAS THE ORIGNIAL MORTGAGE AND NOW WE KNOW RECENTLY IS A NEW FHA LONA THAT IS NOT MEETING ELIGIBILITY AND YOUR CLIENT KEPT MY MOTHER 'S XXXX XXXX  THIRD PARTY CASH IN A SUSPENSE ACCOUNT TOTHIS DATE AND ALSO ATTEMPTS TO SEZIE OUR EQUITY TO OFFESET A THRID PARTY LOAN THAT WE DID NOT SIGN AS OWNERS. THIS IS NOT ONLY LEGAL ABUSE AND ECONOMICAL ABUSE OF SENIOR MILITARY FAMILY BUT ALSO FRAUD HOW LONG DO YOU PLAN TO DEFEND YOUR CLIENT IN COURT, AND IWOULD IT BE CIVIL AND ALSO CRIMINAL OR ONLY CIVIL DEFENSE.

Company response to consumer: Closed with explanation