Consumer complaint received 2024-04-30
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: NEW YORK COMMUNITY BANCORP INC (PA)

On XX/XX/XXXX of XXXX I filed a XXXX XXXX bankruptcy. As part of the requirements for petitioning the court, as per the bankruptcy rules 4002 ; I had to list my property in with the bankruptcy. My case was discharged on XXXX the XXXX, XXXX. After the creditors meeting. Not once did Flagstar Bank , N.A . attest to anything during the course of the case. Flagstar bank proceeded to send me notifications within the 30 day period they wasn't supposed to regarding loss mitigation. I sent Flagstar Bank 's CFO a debt validation letter on XX/XX/XXXX. No response until a month later and I sent another debt validation letter with a notice of default an opportunity to cure. On XX/XX/XXXX Flagstar Bank sent a response from their loss mitigation department with an intent to foreclose on my property with no response to any of my letters. I received two more letters from Flagstar Bank and their Attorney 's office XXXX XXXX XXXX who is a debt collector. On XX/XX/XXXX with a payoff request dated for XX/XX/XXXX- XX/XX/XXXX. I received the letter four days after the given time from both parties with the payoff amount. With documentation forging my signature ( robo signature ) on the disclosure agreemnet statement which I didn't sign at closing of my property. An assignment of Mortgage dated in XXXX XXXX years after I purchased my home. Another robo-signature forged on an notary signing at date of closing with the title company when my original documentation has no signatures. My deed has the wrong instrument number. Only half of the documentation was sent to me when XXXX XXXX XXXX filed a petition to foreclose on my property. Misleading fair debt collection practice statements as such : " Flagstar Bank , N.A . is a debt collector and this letter is an attempt to collect a debt. All information obtained relating to this letter will be used for that purpose. To the extent of your original obligation was DISCHARGED, or is subject to an automatic stay of Bankruptcy under Title 11 of the United States Code, This Statement is for compliance and.or infomational purposes only and does not constitute an attempt to collect a debt or impose personal liability for such obligation. However, the creditor retains its rights under its security instrument, including the right to foreclose it's lien, as permitted by governing law. If you are a confirmed successor in interest and you have not assumed the mortgage loan obligation, or otherwise become obligated on the debt, this communication is for informational purposes only and is not an attempt to collect a debt from you personally ''. This is what they are constantly sending me in the mail with their so-called loss mitigation information package. I have called them twice on the forged documents. I have attempted to settle this matter amicably. They forced me under duress to sign paperwork with the courts to do a concilliation hearing. I have no signed agreement with XXXX XXXX XXXX nor gave them consent to conduct any business with me. I did not retain XXXX XXXX XXXX as my peronal attorney to conduct business on my behalf. Flagstar Bank violated the Privacy Act of 1974, by way of giving my personal information to a third party debt collector. How can a bank be a financial institution. debt collector but hire another debt collector to obtain fiat currency from the consumer. Conflict of interest. Flagstar Bank and XXXX XXXX XXXX are in violation of my consumer 's rights by trying to extort money from me and trying to make me re-contract when in their own words my previous onligation has been discharged under Title 11 under the Bankruptcy laws. Flagstar Bank is in violation of Regulation Z as they did not legally inform me of my right to rescind said contract within a 72 hour period. It is within exception as there is no statue of limitation on fraud. Flagstar Bank has been pooling mortgages on the secondary market since it's inception under their master trust agreement on the Securities and Exchange Commission website now partned with NYCB. The Treasurer bailed Flagstar Bank out of going bankrupt just recently in XX/XX/XXXX. Their not acting in good faith, there is no way for a consumer to execute a promissory note when the consumer is unaware of what actually is to take place at a closing table with the mortgage servicer. Both the lender and Flagstar Bank was not forthcoming on informing me the consumer of my right to rescind the contract within a 72 hour period as Flagstar Bank endorsed the promissory note within that time frame to sell the instrument to investors on the stock market. So, with their deceptive and unfair practices. Instead of validating the debt knowing they couldn't as the servicer according to law has no legally standing to foreclose on a security instrument it never created to begin with. Flagstar Bank was paid double from the Treasury and from the Bankruptcy court and expects me to pay their attorney 's fee 's. I as a living woman have never obtained nor retained XXXX XXXX XXXX to represent me personally for any dealings with Flagstar Bank nor it's successors or agents. This is plain out securities fraud, tax evasion and deception all around. Where is the 1099 forms they filled out in my name pretending to be me. They have ignored my request and expects me to pay for their unlawful deception. A copy of all of the fraud and forged signatures on the documents they have sent to me has been sent to the Internal Revenue Service. More copies will also be sent to the DOJ, SOS, Comptroller of the Currency as well as a formal complaint with their insurer in New York.