Consumer complaint received 2023-08-25
Company: Aldridge Pite, LLP
State: NV
Product: Debt collection
Sub-product: Rental debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
The debt was discharged by order rule of law. XXXX. False or misleading representations A debt collector may not use any false, deceptive, or mis- leading representation or means in connection with the col- lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

808. Unfair practices A debt collector may not use unfair or unconscionable means too collect or attempt to collect any debt. Without limit- ing the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 15 USC 1692g 808 15 USC 1692f 11 809 15 USC 1692g verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section 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 a 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. 
809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) ... 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. 816. Relation to State laws - This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter. 
DISCHARGE - Discharge of a contract by operation of law means that a contract is terminated due to the operation of law, without any specific act or agreement by the parties involved. In other words, the contract is discharged automatically, without any intervention from the parties. Impossibility of Performance - Impossibility of performance occurs when the subject matter of the contract becomes impossible to perform. When the performance of the contract becomes impossible due to the occurrence of an event which is beyond the control of the parties, the contract is discharged by operation of law. This is known as the doctrine of frustration. As such the tender of payment was issued by offer and denied. The impossible of performance became a major issues when different lenders claimed to be the original lender of or on the property XX/XX/XXXX. Section 56 of the Indian Contract Act, 1872, deals with the doctrine of frustration. It provides that a contract to do an act that becomes impossible or unlawful after the contract is made becomes void when the act becomes impossible or unlawful. For example, if XXXX XXXX XXXX XXXX XXXX enters into a contract with XXXX XXXX XXXX XXXX, to deliver a loan and funds or money or product, for transfer of property for purchase but the product money or loan is either not presented or have been lost in tansition or transaction without verification or validation of the funds came from or destroyed due to a natural disaster, then the contract is frustrated, and both parties are discharged from their obligations under the contract. Alteration of Contract - A contract can also be discharged by operation of law when the terms of the contract are altered without the consent of all the parties involved. This is known as the 3 of 13 doctrine of novation. Section 62 of the Indian Contract Act, 1872, deals with the doctrine of novation. It provides that a contract is discharged by novation when a new contract is substituted for the old contract, with the consent of all the parties involved. For example, if A enters into a contract with B to deliver a specific product, and B later agrees to accept a different product without the consent of A, then the contract is discharged by operation of law. What is meant by this example is simple they XXXX XXXX and others began altering the document called Mortgage Assignment and Deed of Trust filed in the County of XXXX adding signatures and transferring the property without the knowledge or consent of the owners. They also added a signature of a XXXX XXXX leaving out the middle name to a newly created document filed and stamped XX/XX/XXXX. The Mortgage Assignment was challenged, the Jurisdiction of the XXXX XXXX XXXX. XXXX was challenged, the evidence and proof of where the funds, money and or loan comes from challenged without any response and the eviction writ of restitution was carried out without legal notice, lawful notice, service to the correct party, the woman listed in the caption heading for the case no XXXX is in the XXXXXXXX XXXX and does not live dwell nor own the property located at XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX NV [ XXXX ] Parcel No XXXX for XXXX as this property is secured by XXXX XXXX XXXX XXXX field with the Attorney General XXXX XXXX XXXX the secretary of state XXXX XXXX XXXX XXXX, getnotice.com and other online public records notices as well all parties herein received a copy and signed the XXXX RETURN PROOF OF SERVICE FORM XXXX. This is why they created the XXXX XXXX XXXX XXXX XXXX and filed it in the Justice Court on XX/XX/XXXX and the home owners had no idea of these transaction and movements. Cc the Exhibits and attachments as to multiple lenders with different dates of origination of the alleged loan. We warned all parties of the possible fraud in XX/XX/XXXX well before the actual fraud took place XXXX years later in XX/XX/XXXX. Cc XXXX XXXX [ XXXX ] and XXXX XXXX [ b ]. On XX/XX/XXXX XXXX XXXX XXXX XXXX stated that they too spoke with XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX concerning a private security contract between XXXX XXXX XXXX XXXX beneficiary XXXX XXXX XXXX XXXX and trustee XXXX XXXX XXXX XXXX XXXX. This is a breach of contract as to add outside parties to the privy information therein the agreement after the debt has been discharged by order of law. NEVADA XXXX - XXXX by jury ; waiver in civil cases.The right of trial by Jury shall be secured to all and remain inviolate forever ; but a Jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law ; and in civil cases, if three fourths of the Jurors agree upon a verdict it shall stand and have the same force and effect as a verdict by the whole Jury, Provided, the Legislature by a law passed by a two thirds vote of all the members elected to each branch thereof may require a unanimous verdict notwithstanding this Provision.

Sec:4. Liberty of conscience. The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this State, and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief, but the liberty of conscience [ conscience ] hereby secured, shall not be so construed, as to excuse acts of licentiousness or justify practices inconsistent with the peace, or safety of this State. Sec:5. Suspension of habeas corpus. The privilege of the writ of Habeas Corpus, shall not be suspended unless when in cases of rebellion or invasion the public safety may require its suspension. Sec.8. Rights of accused in criminal prosecutions ; jeopardy ; due process of law ; eminent domain. 2. No person shall be deprived of life, liberty, or property, without due process of law. 3. Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.TITLE THEFT - Home title theft is a type of real estate fraud where someone uses a homeowners personal information to forge a deed and steal their home. The thief may apply for a home equity loan or line of credit in the homeowners name and then fail to make payments exposing the owner to foreclosure and credit damage. 
In the case of unoccupied homes, like secondary residences, the fraudster might sell the house without the owners knowledge or rent out the property without permission. Criminals commit home title theft in a few different ways, but the most common avenues are phishing schemes, malware, data breaches, unsecured Wi-Fi networks and mail theft. Theft can also occur if a homeowner loses sensitive documents like their deed or a mortgage statement. Heres how home title theft typically happens : Phishin. Phishing occurs when a criminal pretends to be a legitimate company or individual to get a homeowners personal information. They may do this by sending an email or letter that looks like its from a bank or government agency or by calling the homeowner and pretending to be someone theyre not.Malware - Malware is a kind of software that criminals can use to access a homeowners personal information. They may install it on the homeowners computer without their knowledge or trick them into downloading it by posing as a legitimate website or program. Data Breaches - Data breaches occur when criminals access a companys or organizations personal information database. Once they have the information, they may sell it on the XXXX market or use it themselves to commit home title fraud. XXXX IRS and XXXX data breeches. Unsecured Wi-Fi Networks - If a homeowner has an unsecured Wi-Fi network, criminals may be able to access their personal information if theyre close enough to the router. They can then use this information to commit fraud or steal the homeowners identity. Likewise, homeowners who access the Internet using unsecured public Wi-Fi are at higher risk for home title theft. Mail Theft - Home title theft can also occur through mail theft when thieves steal mail from a homeowners mailbox to obtain their personal information. Once they have personal information like birth dates and Social Security numbers, they can use it to commit fraud. Homeowners can combat this by regularly checking their mailboxes and shredding mail that includes sensitive information. Loss - Losing important documents and allowing personal information to fall into the wrong hands can lead to home title theft. If a deed or mortgage statement falls into the wrong hands, criminals can use the information to perpetrate home title theft. To the ignorant please note that the XXXX XXXX XXXX XXXX XXXX XXXX is very real and lawful please Cc your copies of the American Declarations on the Rights of Indigenous peoples and Cc the section article covering XXXX XXXX XXXX.

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