Consumer complaint received 2024-10-28
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Lien release
Company: LAKEVIEW LOAN SERVICING, LLC (AL)

Clarification of Dispute : Please note that is communication is NOT a duplicate request but rather an essential update to an ongoing situation that requires resolution. 

Date : XX/XX/XXXX To : Consumer Financial Protection Bureau Subject : Formal Complaint Regarding Non-Compliance with 15 U.S.C. 1692i, Improper Insurance Practices, and Violation of Consumer Rights Dear CFPB Representative, I am filing this formal complaint against XXXX XXXX XXXX XXXX  XXXX and related parties for alleged violations of federal consumer protection laws, specifically 15 U.S.C. 1692i of the Fair Debt Collection Practices Act ( FDCPA ). Additionally, I am raising concerns regarding improper insurance practices and breaches of privacy that have caused significant distress and financial harm. 

1. Violation of 15 U.S.C. 1692i Demand for Judicial Foreclosure Process XXXX XXXX XXXX XXXX  XXXX, acting as a debt collector, has either initiated or threatened to initiate nonjudicial foreclosure on my property at XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX Alabama. This action violates 15 U.S.C. 1692i, which mandates that any legal dispute over real property, including foreclosure, must proceed through judicial proceedings.

Federal law takes precedence over state law, and noncompliance with the statute undermines my rights as a consumer. I request that the CFPB enforce compliance and ensure that any foreclosure action occurs only through judicial channels. 

2. Improper Waiver of Homestead Exemption I also assert that my homestead exemption is currently active, as recorded with the local tax and revenue office. During the loan closing, I communicated my intention to apply for the homestead exemption with the closing attorney and other parties. Despite this, a waiver clause was included in the mortgage agreement without my knowledge or informed consent, which constitutes deceptive and unfair practices. I have filed an affidavit with the local probate office to document my exemption and affirm my equitable interest in the property.

3. Omission of the 1-4 Family Rider and Financial Impact The mortgage agreement omitted the 1-4 Family Rider, which was critical given that I purchased the property as a duplex. My lender was fully aware of this, as confirmed by email correspondence and an insurance application filed with XXXX XXXX. 
Additionally, an open policy with XXXX XXXX on XX/XX/XXXX did not provide adequate coverage for the duplex. A XXXX XXXX representative admitted that the property lacked full coverage, leaving me responsible for out-of-pocket expenses in the event of damage. This omission has placed an undue financial burden on me, and I request CFPB intervention to address this oversight and secure appropriate compensation. 

4. Improper Force-Placed Insurance by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX acting as a debt collector, improperly force-placed hazard insurance on my property, even though I had active homeowners insurance coverage. As a debt collector, XXXX XXXX XXXX XXXX has exceeded its authority by attempting to enforce the mortgage terms as if it were a creditor. Their actions, including referring to me as the " borrower in default, '' demonstrate noncompliance with the FDCPAs limits on debt collector behavior. 

XXXX. Request for Promissory Note with Wet Signature I formally request the original promissory note bearing my wet signature. The copy provided in XX/XX/XXXX does not satisfy legal requirements. If the original promissory note can not be produced, the mortgage is incomplete and should be declared unenforceable. 

XXXX. Confirmation of Ownership Transfer to Trust I request written confirmation that ownership of my property has been transferred to the XXXX XXXX XXXX XXXX, as documented in my submissions to XXXX XXXX XXXX XXXX XXXXXXXX. All future correspondence should reflect this ownership transfer. 

7. Set-Off Request and Compensation If the requested documents are not provided promptly, including the wet-signed promissory note, I demand that the mortgage loan be declared null and void. Additionally, I request a set-off of the loan balance and written confirmation of the updated ledger. XXXX XXXX XXXX XXXX  and XXXX XXXX XXXX lack of response to my previous requests constitutes acquiescence to this set-off. 

8. Right to Equitable Redemption and Highest Equity Title I assert my right to equitable redemption and my standing as the holder of the highest equity title to the property. If XXXX XXXX XXXX XXXX  XXXX or Lakeview Loan Servicing disputes this, I am prepared to challenge their claims in court and request CFPB intervention to prevent any unauthorized foreclosure actions. 

9. Public Notice of Equity Interest I have published a public notice of my equity interest in the property in a local newspaper for 21 consecutive days. No entity or individual has disputed this notice, further validating my equitable ownership. 

Summary of Relief Requested I respectfully request the CFPBs assistance in ensuring compliance with 15 U.S.C. 1692i and the protection of my consumer rights. Specifically, I request : Written confirmation that all foreclosure actions will comply with judicial foreclosure requirements under 15 U.S.C. 1692i. 
Production of the original promissory note with a wet signature. 
Confirmation of ownership transfer to the XXXX XXXX XXXX XXXX. 
Acknowledgment of the omission of the 1-4 Family Rider and appropriate compensation.

Confirmation of the loan set-off and the updated ledger balance reflecting this set-off.

If the requested relief is not provided within seven ( 7 ) days of receipt of this complaint, I will pursue legal action to protect my rights and ensure compliance with federal law. Additionally, I am forwarding this complaint to Lakeview Loan Servicing, XXXX XXXX, the Federal Trade Commission ( FTC ), the State Attorney Generals Office, and other relevant entities. 

Thank you for your immediate attention to these matters. I look forward to your prompt and compliant response. 

Sincerely, XXXX XXXX, XXXX  ( Also known as XXXX XXXX ) XXXX  on behalf of XXXX XXXX XXXX XXXX