Consumer complaint received 2024-01-22
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: TD BANK US HOLDING COMPANY (FL)

While trying to refinance my mortgage loan in XX/XX/XXXX, the mortgage originator advised that there was a lien on my property. This was a surprise to me. After researching the issue, I discovered : In XXXX my wife defaulted on a very small credit card debt. The debt was handed over to law firm here in Florida ; XXXX, XXXX and XXXX. According to the court records, this law firm filed suit against my wife in XXXX. My wife does not recall being served. The document filed for proof of service gives an incorrect physical description. Regardless, the firm obtain a default judgement against her. Afterward, they did knowingly file a certified copy of the judgment causing a lien to appear in the public record associated with my property. We filed XXXX in early XXXX, but this was done after the judgment and lien was in place. Neither the judgement nor the lien came to light in the XXXX process. 

I have three major complaints.

1. By nature, the county recorders website associates my name with the property and therefore the debt and judgment. When searching property records using my name, this debt and judgment that I am not responsible for and did not know about appears. The word lien appears as the category chosen to classify the certified copy of the judgment. It is my understanding that FDCPA prohibits publishing debtor list, especially if the person defamed is not even party to the debt and is just a spouse or relative. 

2. Placing a lien on homestead property is contrary to Florida law unless the judgement is derived from a subject matter regarding the property itself. The firm that caused the lien to appear is well aware of this, but proceeded regardless. The attorneys involved are bound by a code of ethics that prohibits misdirected legal pursuits. I will attach this complaint to the bar complaint. They caused a lien to appear on record knowing it was not valid.

3. I have a right to be notified and to participate in any legal proceeding that may result in the seizure of my property or could harm me in any way. This right was violated when the firm continued litigation in secret and intentionally caused a lien to appear in the public record against my property. Ive been denied an opportune to contest the matter in court or to have paid the amount due myself. 

Last week my wife and I called the firm to clear up the judgement so my mortgage refinance can move forward. The representative failed to properly place the call on hold as they spoke to their manager. We heard the conversation. The manager explained to the phone representative that they could not accept payment from us due to the XXXX XXXX bankruptcy. The representative gave the fdcpa mini maranda anyways. After the representative refused to accept a payment to satisfy the judgment we asked to speak with someone about the lien. The representative hung up the phone.

It is clear that intentionally or negligently filing a lien against homestead property for credit card debt while knowing that Florida law does not recognize such a lien is an unfair and deceptive debt collection practice. From my analysis of the public record it is being done en mass by this firm without regard for the rights or reputation of property owners. Without the XXXX in place I would have been compelled to just pay the judgement before closing having been denied the right to contest the debt, respond to the lawsuit or work out any other arrangement. 

The delay in my mortgage refinance is costing me time and money. I was embarrassed and distraught when the mortgage representative informed me that they needed a signed authorization so they could get a payoff quote for the judgement. My professional reputation was also damaged since I work in the same industry in a capacity that requires a high degree of trust and ethical responsibility. I would have gladly paid the entire balance of given the opportunity. 

At the moment, I have no way of getting in touch with an attorney at the firm. I can not get through the call vent without an account number. My only option is to hire my own attorney and suffer legal fees to resolve the matter. This will cost sub more than the amount of the original debt.