Complaint sub-issue: Information belongs to someone else

NOTICE OF ERROR/REQUEST FOR INFORMATION Notice of error, complaints, request for information or other qualified written requests Attn : Customer Relations XXXX XXXX XXXX XXXX, TX XXXX XXXX : Error Resolution Notice under 12 C.F.R. 1024.35 and Complaint for Non-Responsiveness to Lienholder Mortgage Loan Number : XXXX I am writing to request correction of the error described below regarding my mortgage on the property at XXXX XXXX XXXX, XXXX, TX XXXX. 

Be advised of the following

: 12 C.F.R. 1024.35 ( a ) Notice of error. A servicer shall comply with the requirements of this s
ection for any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the servicer to identify the borrower
's mortgage loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request.

I am requesting information to be corrected and distributed accordingly relating to the following identified issues as defined under 12 C.F.R. 1024.35 ( b ) Scope of error resolution categories : 1024.35 ( b ) ( 8 ) : Failure to transfer accurately and timely information relating to the servicing of a borrower 's mortgage loan account to a transferee servicer ; and, 1024.35 ( b ) ( 11 ) Any other error relating to the servicing of a borrower 's mortgage loan. 

Following direct attempts to make contact, ignoring my contact attempts, revisiting previously my attorney RESPA request containing 31 points, late return of documents to comply with the RESPA, and assertion that you will not remedy per previous CFPB complaint, I am addressing the matter here. 

Your company does not have the correct address for me and did not make any efforts to correct my address since the date of loan origination on XX/XX/XXXX. Refer to the document titled Enclosures, and I have made multiple attempts to correct this through the only means known, XXXX, the purchasing investor. 

I was never aware this loan originated and in fact, per responses from the major credit bureaus, your company put forth defenses against my claims of fraudulent addresses showing on my credit file ; addresses belonging to XXXX, or XXXX XXXX XXXX and Mr. XXXX XXXX. 

Error of Disclosure : As my mortgage servicer, you have a duty to make transparent all items relevant to my mortgage. Your company failed to meet minimum standards with this regard to disclosure of mortgage activity since the date of origination. By incorrectly naming the payor as me and taking payment from another, you company precluded the possibility for direct transparency. 

Error in remittance Your company has been taking mortgage payments from XXXX, or some assign that is not me. This party must no longer have access to communicate or transact with your company. I am the lienholder and the single point of contact for all matters pertaining to this loan. No other person or entity other than I shall have access for any purpose and this must be corrected immediately. 

Furthermore, it is my belief that your company has disclosed mortgage information without my consent to a third-party home investor and likewise taken payment from this investor knowingly under the false pretext that the payments were coming from me. This has not been authorized and is not allowed. I verified this on a call with your customer support on XX/XX/XXXX. Refer to enclosure titled Customer_Correspondence. This was provided as a direct reply to my inquiry on the loan. I do not have any knowledge of how these payments were made from where they came, the origin of the monies, the transactional records relating to the payments, or otherwise any understanding of how you came to accept these payments. 

It is my explicit direction as the named lienholder that no other individual or entity is authorized to have information from your company about my mortgage, notwithstanding XXXX XXXX with a durable Power of Attorney. It is my further explicit direction that as the named lienholder that no other individual or entity is authorized to inquire about my loan or have revealed any details by any means relating to my loan for any reason at any time. This direction shall supersede any previous authorization otherwise expressed or understood as any such expression or understanding would have been erroneous and/or mistakenly interpreted. 

Identity Errors in Address and Misreporting Thereof : Your company incorrectly assigned my address connecting my name with the property address of the home buying investor, XXXX when originating this loan. Refer to attached enclosure XXXX XXXX Mortgage Escrow Review Statement XXXX ( Postmarked XXXX ). Your company has not made available information on who/what entity has been responsible for payment remittance from the date of mortgage origination to present. 

Your company has not been properly reporting the mortgage to the credit bureaus, namely XXXX, Equifax, and XXXX. Specifically, and to expound, your company is reporting that I am making the payments to reduce the debt. This is untruthful and needs correction. 

Your company failed to maintain clarity and consistency in escrow credits and delivery of information. I received a check with the wrong address to my name on XX/XX/XXXX, for escrow calculations for year XXXX. I have not seen any disbursements or calculations for XXXX and request this be corrected or clarified. 

This erroneous reporting is present and visible today on my personal income tax transcript. I did not report paying any mortgage interest when filing my returns because I did not. My XXXX income tax transcript shows that XXXX XXXX dba XXXX XXXX reported this to the IRS. I will provide as evidence a copy of my Income Tax Transcript as made available via IRS.gov, where you will find the identified reporting of " FIN

8950C '' for personal income tax purposes. Immediate corr
ection is demanded and removing of my name from this loan likewise. I recommend if not resolved here, this matter be turned over to the IRS for investigation, specifically as to how my tax return was associated with payments I never made. 

Sincerely, XXXX XXXX