Complaint sub-issue: Debt was paid

Response to law suit filed for foreclosure 1. XXXX XXXX was the sole and legal owner of the property at XXXX XXXX XXXX XXXX, XXXX Florida and she entered into an agreement of a reverse mortgage and was current with all payments and terms until her death on XX/XX/XXXX. 

2. The Plaintiff, CeLink was notified of XXXX XXXX death and a copy of the will, death certificates, and all other requested documents were presented to the mortgage company. 

3. During a call to the Customer Service Center the Executor of the Estate, XXXX. XXXX XXXX XXXX, informed the Plaintiff of the intent to sell and that the estate would be seeking both a real estate agent and attorney to represent the estate. On XX/XX/XXXX, the executor of the estate confirmed this intention in writing and submitted the names of the real estate agent and the attorney. 

4. A MLS listing was generated by the real estate agent XX/XX/XXXX. 

5. The attorney proceeded to probate the will and the real estate agent proceeded to sell the property. 

6. On XX/XX/XXXX there was a signed contract by the buyer for a cash sale for the property. 

7. Defendants attorney proceeded to request a PayOff. Each Payoff received contained errors including a XXXX foreclosure charge which was court ordered dismissed. 

8. The attorney and executor challenged the charges and each new PayOff continued to have the XXXX foreclosure charges. 

9. On XX/XX/XXXX the Plaintiff in house dispute office ruled that the XXXX charges should be removed and ordered another PayOff. On XX/XX/XXXX the Plaintiff also executed Foreclosure procedures against the heirs of the estate. On XX/XX/XXXX the estate again received a Payoff including the charges for the XXXX foreclosure. 

10. Finally on XX/XX/XXXX the Plaintiff issued the first correct PayOff excluding the erroneous XXXX foreclosure charges. 

11. The loan was settled and the sale closed on XX/XX/XXXX after three previously abandoned closing dates due to disputed charges that should have never been presented on a cash sale with no buyer attorney nor buyer real estate agent. 

12. Since the payment in full of the loan on XX/XX/XXXX the estate has made multiple requests to the Plaintiff, CeLink to provide information on the status of the Foreclosure action or date that a voluntary dismissal will be issued. The Plaintiff refused to issue any statement in writing and therefore the defendant can not provide the court evidence of a voluntary foreclosure dismissal. 



Multiple erroneous PayOffs delayed closing of the property increasing cost in interest, fees and an unwarranted foreclosure action. As a remedy we are requesting the {$3800.00} advanced legal fees in the XX/XX/XXXX PayOff be refunded to the estate. We are also requesting a HUD or external audit / investigation of the principal and interest charges on the loan as they appear excessive. On XX/XX/XXXX $ XXXX were the unpaid balance compared to XX/XX/XXXX $ XXXX, a difference of {$4000.00} in 4 months. We are also requesting an investigation of the predatory foreclosure practices and processes of the Plaintiff as evidenced in the XXXX and XXXX foreclosure of the estate. Finally we request attorney fees for this and any related matter to this foreclosure action as well as any other remedy that is appropriate. 


Executor of the Estate cc : CeLink Attorney Addendums : Listing, Contract signature page, Pay Off Statements, and HUD 1