Consumer complaint received 2024-08-24
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: NEXBANK CAPITAL, INC. (TX)

XXXX contacted me by mail on XX/XX/XXXX and identified as the mortgage servicer collecting on a loan owed to NEXBANK. Document was titled XXXX XXXX Notice. On XX/XX/XXXX, XXXX received my written request for Validation of the Debt in question. ( see attachment ) They stated : We're currently working to complete the research you requested and provide the information on your account and will respond to you within 30 days of receiving your request. 
15 U.S. Code 1692g - Validation of debts states : ( 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 ( XXXX ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such 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. 
XXXX did not contact me within the 5 days after initial communication. 
15 U.S. Code 1692g - Validation of debts states : ( b ) Disputed debts- If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) 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 originalcreditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the originalcreditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 
Despite receiving my request for debt validation, XXXX has continued to attempt to collect on this debt on multiple occasions. ( I have recorded these phone calls and they may be provided as evidence ) Including phone calls asking for payments, left voicemails urging me to make a payment to avoid actions taken against me, and requests for payments every time I have communicated with XXXX  in regards to my request. During one of these phone calls, the representative XXXX XXXX submitted complaint on my behalf due to DO NOT COLLECT STATUS, however I still received XXXX Breach of contract letters via certified mail and another attempt to collect on a phone call to inquire about the breach of contract letters.

15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
On XX/XX/XXXX XXXX furnished a deceptive form via uploaded document to the account portal titled Note claiming that this was the proof that they were now holders in due course of the Mortgage. This was not mailed to me as requested, nor is it the actual Promissory Note. This is a direct violation of 15 U.S. Code 1692j.

15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 
( XXXX ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 
( XXXX ) The threat to take any action that can not legally be taken or that is not intended to be taken. 
( XXXX ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. 
( XXXX ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 
( XXXX ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
( XXXX ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 
( XXXX ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 
It has now been 30 days since XXXX received my Written Notice of Request for Validation of the debt and they have not provided ANY of the information I, the consumer, have requested and I received several communications from them stating I would lose my home unless the loan is brought current. 
XXXX XXXX XXXX XXXX - Harassment or abuse ( XXXX ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 
XXXX XXXX Code XXXX - Civil liability ( a ) Amount of damage- 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 ( XXXX ) any actual damage sustained by such person as a result of such failure ; ( XXXX ) ( A ) in the case of any action by an individual, such additional damages as the court XXXX allow, but not exceeding {$1000.00} XXXX  has failed to provide the requested information within the 30 day period the law provides due to inability and unwillingness to stipulate that they are Holder of Due Course, A Creditor of the Instrument, have not provided XXXX  book entry debit evidence of the transaction and wet ink signature original note as required by law. They have violated the requirements of XXXX, and their actions provide prima facie evidence that they are attempting to collect money on the basis of fraud.