Consumer complaint received 2022-08-24
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: IL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
THIS IS NOT A DUPLICATE COMPLAINT. I AM FILING THIS COMPLAINT FOR MYSELF AND NOT FOR ANY OTHER PARTY. 

In XXXX of XXXX BMO Harris bank, hereafter, " Harris '' indicated that they were due and owing monies and fees, in excess of XXXX, without explanation, itemization or accounting. Beginning on XX/XX/XXXX on a monthly and consecutive basis, Harris was contacted by phone and letter asking them to provide an accounting and itemize the monies allegedly owed. ( Exhibit A ) To date, the information requested has not been provided. 

However, in XXXX of XXXX, Harris indicated by letter that to date they had failed to provide periodic statements of the account. They further provided a check to make restitution for their failure to provide a statement of accounting, as required. Additionally, they reported this corrected information to the IRS, as well as, indicating that they were waiving fees as result of this failure. ( Exhibit B ) Harris subsequently retained a law firm. The firm sent a letter dated XX/XX/XXXX indicating that they were trying to collect a debt etc ... pursuant to the fair debt Collection Practices Act ( 15 USC 1692 ). Based upon the XX/XX/XXXX letter the debt had exponentially grown from in excess of XXXX to be in excess of XXXX, again, without explanation, itemization or accounting. ( Exhibit C ). Within twenty-six ( 26 ) days, of the letter dated XX/XX/XXXX, on XX/XX/XXXX, Harris filed a Mortgage foreclosure case- XXXX. Further, Harris failed to attach an accounting of the debt to the lawsuit, as required to properly support the motion. Additionally, Harris filed the lawsuit, in violation of the Fair Debt Collection Practices Act, prior to the close of the thirty- ( 30 ) day period allowed to contest. ( Exhibit D ). The debt was contested, on XX/XX/XXXX, within thirty- ( 30 ) days of receipt of the letter by certified mail. ( Exhibit E ) To date, Harris has failed to provide verification of the debt, as well as, the requested itemization and accounting. 

Further to date, Harris continues to be dereliction of its duty in not providing an accounting pursuant to the Real Estate Settlement Procedures Act and the Truth in Lending Act. ( Exhibit F ) Additionally, there is a question as to Harris various characterizations to this being a mortgage or a home equity line, as Harris as interchangeably used these variations throughout this discourse for tactical advantages. Harris ' fraudulent actions, attempts to unlawfully enrich themselves by alleging monies are due and owing to them without accounting, itemization or authentication, and unfair debt collection practices was a pretext to foreclosure and has caused me great irreparable harms. 

Further, on an ongoing and regular basis prior to XX/XX/XXXX, Harris has been reporting to the credit bureaus the same debt in duplicity and with incorrect accounting. Additionally, Harris is reporting inaccurate and inconsistent information to the various credit bureaus. They have refused to correct the issue with me or the credit bureaus ; despite disputes being raised at the Credit Bureaus and with them. Further, they have been reporting that there has been a deed in lieu of foreclosure among other misnomers. 

Further, it has come to my attention that Harris transferred/sold my loan to a service provider who has to date continued to represent themselves as Harris Bank in violation of the Fair debt Collection Practices Act. Additionally, this new service provider began sending inaccurate periodic monthly statements, as if it were Harris and continues to do so as of XX/XX/XXXX. Further, these actions beg the question of the lawfulness of Harris to collect a debt that they no longer own or have rights to pursuant to the Fair Debt Collections Practices Act or any other law or statute, if the mortgage was transferred/sold to XXXX XXXX  XXXX XXXX XXXX XXXX this unscrupulous act makes it hard to narrow down whom the debt collector is, as well as, come to a clear resolve in the outstanding issues in this matter.

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