Consumer complaint received 2024-05-09
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: INTERCONTINENTAL EXCHANGE, INC. (FL)

The address of the " property '' is XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, FL XXXX. 
XXXX XXXX ( referred to as owner " XXXX '' ) is the true and legitimate owner of the " property '' ( XXXX XXXX XXXX attached. ) Even after we came to an agreement that I am not a debtor, XXXX XXXX is still trying to take my house through foreclosure. The United States Constitution 's Fifth and Fourteenth Amendments prohibit both federal and state governments from depriving someone " of life, liberty, or property without due process of law. '' XXXX XXXX chose to pursue foreclosure behind the house owner 's back, despite the fact that state law requires homeowners to be notified of a foreclosure. 
The original owner ( XXXX ) is not a party in interest of ( property ) since 2012. 
XXXX XXXX XXXX, XXXX XXXX are not associated with the owner " XXXX, '' and they have never conducted business with them. 
To collect on someone else 's debt, XXXX XXXX, the debt collector, is attempting to take my property. 
The party threatening foreclosure ( of the property ) is XXXX XXXX XXXX, XXXX XXXX, in accordance with the fraudulent foreclosure documents linked to the original owner/borrower ( XXXX XXXX , XXXX XXXX ) and their previous mortgage debt, according to court records. 
I was attempting to ascertain who really owns my propertythe note holder, the person in possession of the instrument. What is the relationship between me and this mortgage debt, what are my legal options, and is XXXX XXXX legally permitted to foreclose on my property? In addition to refusing to give any information or to demonstrate their standing, XXXX XXXX has broken multiple state and federal laws and regulations in the process. 
In accordance with the law, XXXX XXXX also neglected to correctly allege the chain of title from the original lender to the plaintiff in the foreclosure. 
The lawsuit from the Consumer Financial Protection Bureau says that when XXXX XXXX ( then known as XXXX ) bought thousands of mortgages through XXXX  bulk purchases, it often missed loans that already had changes made to them. 
XXXX XXXX didn't always take these modifications into account. He then foreclosed on thousands of borrowers, which hurt their finances and credit, according to the CFPB and the attorneys general of 53 states. " [ XXXX XXXX ] broke that trust by doing things that are against the law, including things that are unfair and deceptive and against the Real Estate Settlement Procedures Act and the Homeowner 's Protection Act. '' XXXX XXXX keeps ignoring the law and doesn't care about policies or laws. Laws that forbid, among other things, deceptive trade practices. 

After much searching and multiple phone calls, XXXX XXXX confirmed via email that I am not the person from whom the debt is to be collected, that I have nothing to do with the debt, and that the debt can not be imposed upon me. However, while I wait for XXXX XXXX 's response, XXXX XXXX has continued the foreclosure proceedings ( motion for judgment submitted ), claiming an interest in my property based on the original promissory note and unsecured loan from the original owner/borrower ( XXXX XXXX , XXXX XXXX ) . The debtor ( XXXX XXXX, XXXX XXXX has been released upon discharge ). 
One could argue : You have to prove that they are the rightful owner of the property if you're attempting to take it away. 
Since 2012, the original owner ( XXXX ) of ( XXXX XXXX XXXX XXXX XXXX ) is no longer a party in interest. 
XXXX XXXX andI have never done business and I have no affiliation with them. 
Although XXXX " XXXX, '' the real owner of the house, was living there, XXXX XXXX " served '' the " original borrower '', who hasn't been interested in the property since 2012, and the " unknown tenants, '' who weren't living there. Anyone can view the title records. 
It's appearent from the record, that the actual home owner interest arose after XXXX and XXXX trustee lost the property to an unrelated foreclosure ( see XXXX ), My real estate is being encumbered by a lien for an unpaid debt that is unrelated to me. My ability to become the property 's legal owner has been hampered by the cloud on the title, which may potentially result in an improper foreclosure. 
The bank can't take back a property without suing or ruling against the current owner. In Florida, property ownership is based on deeds that are written down in books kept by the county where the property is located. The system of deeds creates the property 's title and chain of title. It keeps a clear record of who owns the property at any given time and is open to the public. 
The debt collector, XXXX XXXX, is attempting to collect money by trying to take possession of and sell my property in order to satisfy the previous owner/obligator 's debt as stated in his promissory note. ( Records for XXXX XXXX, XXXX ) The mortgage holder has five years under Florida law to foreclose on your house. After three title transfers, they are currently foreclosing on the incorrect party. 
XXXX XXXX is aware that XXXX is not the rightful owner of the property under foreclosure ; rather, " XXXX '' is the current owner, as shown by the " notice of appearance. '' Rather, XXXX XXXX purposefully ignoring the facts about the only party in interest, the record owner XXXX XXXX is aware of the true owner of the records ; they have received multiple notifications by mail and email, and they have a copy of the title certificate. Additionally accessible to the public are the Title records. In addition to failing to properly present the chain of title proving that XXXX XXXX is, in fact, the true party in interest with standing to bring this action, XXXX XXXX disregarded the facts and proceeded to steal XXXX " XXXX 's '' home without having the legal authority to do so. 
Due to procedural infractions, the homeowner, XXXX " XXXX, '' was never servedeither in person or by mail. As a result, all foreclosure proceedings were carried out behind her back. 

" XXXX XXXX confirmed, and I quote : " You ( XXXX XXXX ) are neither an obligor on the note nor a signor on the deed of trust ( mortgage ). '' If this is true, then what debt collectors are doing to me and my property is illegal and against the provisions of the law. 
If XXXX XXXX tries to collect a debt by unfairly and abusively treating people or by lying, he is breaking both Federal and State laws. 
Not Giving Notice Under the FDCPA In line with the Fair Debt Collection Practice Act, XXXX now disputes the debt and asks XXXX XXXX to stop the lawsuit until the debt in question is confirmed