Consumer complaint received 2024-10-12
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: CrossCountry Mortgage LLC (TN)

I am writing to formally lodge a complaint against CrossCountry Mortgage and XXXX XXXX XXXX regarding predatory lending practices. I believe that CrossCountry has engaged in practices that violate my rights as a borrower, specifically under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ), the Real Estate Settlement Procedures Act ( 12 U.S.C. 2601 et seq. ), and the Home Ownership and Equity Protection Act ( 15 U.S.C. 1602 ). 

I was not adequately informed about the true costs of my mortgage, including hidden fees that were not disclosed at the time of signing. I have been charged fees that appear to be excessive and not in line with industry standards, which I believe are a form of predatory lending. My attempts to seek clarification and resolve these issues with CrossCountry have been met with inadequate responses and a lack of transparency. 

I received a phone call from XXXX XXXX on XX/XX/XXXX stating that the original loan officer, XXXX XXXX asked him to give us a call. XXXX stated that XXXX wanted to check in with us to see how everything was going. The only reason we received this call was because CrossCountry had received our Revocation of Power of Attorney via certified mail. Prior to this, we have had no communication with anyone from CrossCountry after XX/XX/XXXX. 

During the call, XXXX asked if we, ( my husband, XXXX XXXX and I ) had any concerns. We shared that according to XXXX XXXX XXXX ; we were in default of our mortgage and needed assistance with making payments. XXXX asked us to send him an email with the loan number and he would investigate further. XXXX was emailed the requested information the same day, and to date we have not heard back from him. The next correspondence that we received from CrossCountry was a 1099-C debt cancellation. This was a huge shock as we wondered what could have prompted CrossCountry to cancel the debt without any further communication. 

On Friday, XXXX, I was reviewing the Register of Deeds website for our county. I searched for our property address, and I learned that CrossCountry had assigned our Deed of Trust to XXXX XXXX XXXX and our title was given to XXXX XXXX XXXX. This was very concerning! The TILA act requires that borrowers be notified when their Deed of Trust debt has been sold, transferred, or assigned to a new creditor. 

Also, borrowers must be notified of the assignment and notification consists of contact information of the new creditor, recording dates, recording instrument numbers, changes in loan, etc. Needless to say, we received none of this. As far as we new, XXXX XXXX XXXX was the debt collector assigned to service our loan. 

As mentioned above, we mailed CrossCountry a notice of revocation of POA via certified mail on XX/XX/XXXX. A form 2848 was submitted to the IRS as well revoking all years, all periods. In addition to the 2848 being submitted to the IRS, we notified CrossCountry via certified mail that their POA was revoked, and they no longer had our permission to act on our behalf to include the right to transfer, the right to foreclose, the right to sell, the right to assign, etc. 

It is my belief that fraud has been committed and documents were forged granting them the authority to continue acting on our behalf. CrossCountry provided us with a 1099-C canceling the debt, and then assigned the Deed of Trust and title to XXXX XXXX XXXX. I believe that this was done in an attempt to cover the fraud and predatory lending that they have engaged in from the inception of this loan to date. 

I also believe that CrossCountrys goal was to redirect the attention from them to XXXX XXXX XXXX to escape any investigation of their practices. Both entities have engaged in unlawful practices and should be investigated.The XXXX  number that I have obtained via audit reports will prove my claim.Despite the requests for debt validation, and validity of the promissory note, XXXX XXXX XXXX retained XXXX XXXX XXXX to begin foreclosure proceedings. XXXX was made aware that CrossCountry canceled the debt, and proof was provided. 

XXXX XXXX XXXX continues to threaten our family with foreclosure even though we were never properly notified via publication. XXXX did not run an ad in the local newspaper for three consecutive weeks as required by law, and this has been proven. 
Today, XX/XX/XXXX, I spoke with XXXX at the XXXX XXXX. XXXX searched our property address and informed me that after checking two separate areas, she did not see where publication for foreclosure had been filed. I also spoke with XXXX at the XXXX XXXX, and he too provided the same information. 

Despite all of this, XXXX XXXX XXXX, law firm for XXXX XXXX XXXX proceeded with assigning themselves as Trustee of our property in an attempt to move forward with foreclose. The next concern is that XXXX XXXX XXXX continues to identify themselves as Debt Collectors attempting to collect a debt. According to law, a Debt Collector can not foreclose on property. 

My original complaint states that the debt was never validated as evidenced by the draft which is being referred to as a promissory note. The promissory note is improperly classified due to its negotiable instrument characteristics. The note contains language such as " pay to the order of, '' indicating it is a draft, not a promissory note. An instrument containing an order to pay is not a promissory note. 

Proof : UCC 3-104 ( e ) ; " In re XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX. XXXX XXXX ) ''. There is a Lack of Proof of Debt : CrossCountry nor Planet Home Lending have provided adequate proof that the note is a valid promissory note as previously requested. 

The burden of proof lies with XXXX XXXX XXXX and CrossCountry. The note 's characteristics make it ineligible to be used as evidence of debt. Proof : UCC 9-102 ( 65 ) ; Federal Reserve Act, Section 16 ( 38 Stat. 265 ) The terms of the promissory note are unconscionable and unenforceable. Proof : Principles of contract law and fairness promissory note. UCC 9-102 ( 65 ) : Defines a promissory note and excludes instruments with orders to pay. UCC 3-104 ( e ) : Clarifies that an instrument containing an order to pay is a draft. Establishes that a draft can not be utilized as evidence of an outstanding debt. 

These concerns will be forwarded to the IRS via form 3949-A, the FTC, and the SEC. In addition, this has had an adverse effect on my credit report due to the negative credit reporting which has deemed me as a potential risk to other creditors. These practices have affected my life, liberty, and pursuit of happiness. They have also caused significant financial distress and have undermined my ability to manage my mortgage responsibly. I believe these actions are predatory and violate federal and state lending laws designed to protect consumers.