Consumer complaint received 2024-04-11
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Real Time Group, Inc. (CA)

Regarding two ( 2 ) 2nd/Heloc originated by XXXX but was forgiven by XXXX  due to my XXXX XXXX Bankruptcy Filing on XX/XX/XXXX, my bankruptcy was discharged on XX/XX/XXXX where XXXX has forgiven the following 2nd/Heloc out of the XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX back in XXXX. 

XXXX ) RTR File Number # XXXX - RTR sent me a Notice of Default threatening me that they will seize my property at XXXX XXXX XXXX XXXX XXXX, CA XXXX- this property is rental property, tenant occupied and is my livelihood since XXXX. 

XXXX ) RTR File Number # XXXX - XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX is a rental property, tenant occupied and is my livelihood since XXXX. 

HISTORY : 1 ) XXXX XXXX XXXX XXXX XXXX, CA XXXX- I purchased sometime in XXXX, thru the XXXX XX/XX/XXXX XXXX XXXX 
2 ) XXXX XXXX XXXX XXXX XXXX, CA XXXX- I purchased sometime in XXXX thru XXXX XX/XX/XXXX program. 

XX/XX/XXXX : I suffered XXXX XXXX XXXX XXXX with my son, I had a XXXX XXXX was on XXXX XXXX for about 8 months. My finances suffered. 

XX/XX/XXXX : I filed for a XXXX XXXX Bankruptcy and I included all my livelihood properties. XXXX discussed all options with both my 1st Mortgage, and has forgiven my 2nd/Heloc because the value of the properties had decreased. XXXX then modified my 1st into a lower interest rate. To this day, my interest rate with the subject properties XX/XX/XXXX : My XXXX  XXXX Bankruptcy got discharged, XXXX  XXXX XXXX continued on servicing my 1st Lien Mortgage for both properties with lower interest rates. However, the 2nd/Heloc I have not received any statements because it was forgiven. 

Today, all of a sudden, I am getting a Notice of Default and they are planning to foreclose my properties? This is my livelihood and they are just 2nd position, it seems like just because the values according to XXXX has gone up that they have that power now to seize properties. 

I am seeking the assistance of CFPB Consumer Finance body of the government. 

The QWR I sent RTR is written as follows and submitted online in the portal link given by RTR Notice Of Default Letter, it states as follows for RTR File Number # XXXX : ================================================= XXXX YOU MUST STOP THE FORECLOSURE AND REMOVE ALL THE NOTICES OF DEFAULT UNTIL YOU RESPOND TO MY QUALIFIED WRITTEN REQUEST XX/XX/XXXX This letter/message is a " qualified written request '' in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ). 

Reference RTR File Number # XXXX ( hereinafter the subject loan and the reference for all questions and requests described below ). 

To whom this may concern : I am writing to complain about the accounting and servicing of this mortgage and my need for understanding and clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its XXXX origination date to the present date. 

I believe that predatory XXXX lenders and servicers have made mistakes in servicing my account. 

I would like to exercise my rights to require servicers to correct errors or provide information to my request as to how this loan becomes like a ghost loan, where it was quiet for a long time, and resurfaces just when the value of the property increases. 

I remember XXXX got shut down because of their fraudulent, predatory lending practices and I was one of the victims. 

XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, refused to accept conforming payments XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, improperly applying or crediting payments XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, imposing unreasonable fees or charges, taking advantage of the victims of the original lender XXXX, for their gain. 

XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, not providing an accurate payoff balance amount upon a borrower 's request contradicts what they have been reporting to the IRS. 

XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, failing to provide accurate information regarding loss mitigation options and foreclosures. 

XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, improperly starting a foreclosure, dual tracking, or conducting a foreclosure sale in violation of federal mortgage servicing laws, or any other error relating to the servicing of a borrower 's mortgage loan. 

To date, the documents and information I have, that you have sent me, and the conversations with your service representatives have been unproductive and have not answered my questions. 

Needless to say, I am very concerned that Real Time Resolutions just wanted to maximize what they can get out of this originally predatory loan they bulk purchased from XXXX XXXX XXXX . With all the news regarding the stories of XXXX 's predatory lending, I believe Real Time Resolutions is acting as the resurrected XXXX, the well-known " predatory lender and services '', you have left me feeling that there is something you are trying to hide. I worry that potential fraudulent and deceptive practices by unscrupulous mortgage brokers, sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance your balance sheets ; and deceptive, threatening, abusive, and fraudulent accounting tricks and practices may have so negatively affected any credit rating, mortgage account and/or the debt or payments that I am currently, or may be legally obligated to. 

Realtime Resolutions wrongly started a notice of default on my property, foreclosure improperly scheduled or conducted a foreclosure sale and they are admitting that they are not allowing any permanent Loan Assistance to borrowers because they are a Collection company, not a Servicer. 

I hereby demand absolute 1st hand evidence from you of the original uncertificated or certificated security regarding RTR File Number # XXXX. In the event you do not supply me with the very security it will be a positive confirmation on your part that you never really created and owned one. 

Please STOP all the FORECLOSURE threats to my property, until you have provided me all the information, proofs, and documentation from the start origination date from XXXX, XXXX  XXXX XXXX to today, XX/XX/XXXX, and until you provide your explanation of the discrepancies of the Principal Balance I owed why the amount your report to IRS is less, whereas you are threatening me to pay them over twice the amount of balance I owed to Real Time Resolutions. Show me a document that I borrowed money from Real Time Resolutions with my signature on it and notarized. 

I expect you to mail me that you have acknowledged and received my Qualified Written Request within five ( 5 ) business days. 

I expect you to mail me all my requested information within 30 days. 

I expect you to delete in my Credit Report all the Notice of Defaults you created because this loan has errors and it is protected as well by my filing of XXXX  XXXX Bankruptcy in XXXX while XXXX was the Lender who gave their word that due to the water down the value of the property, that this loan is eliminated yet they sold it to RealTime Resolutions. 


Sincerely, XXXX XXXX Mailing Address : XXXX XXXX XXXX XXXX, CA XXXX email : XXXX Cell : XXXX =================================================== XXXX QWR RTR File Number # XXXX XXXX QUALIFIED WRITTEN REQUEST, COMPLAINT, DISPUTE OF DEBT AND VALIDATION OF DEBT LETTER, TILA REQUEST YOU MUST STOP THE FORECLOSURE AND REMOVE ALL THE NOTICES OF DEFAULT UNTIL YOU RESPOND TO MY QUALIFIED WRITTEN REQUEST XX/XX/XXXX This letter/message is a " qualified written request '' in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ). 

Reference RTR File Number # XXXX ( hereinafter the subject loan and the reference for all questions and requests described below ). 

To whom this may concern : I am writing to complain about the accounting and servicing of this mortgage and my need for understanding and clarification of various sales, transfers, funding sources, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its XXXX origination date to the present date. 

I believe that predatory XXXX lenders and servicers have made mistakes in servicing my account. 

I would like to exercise my rights to require servicers to correct errors or provide information to my request as to how this loan becomes like a ghost loan, where it was quiet for a long time, and resurfaces just when the value of the property increases. 

I remember XXXX got shut down because of their fraudulent, predatory lending practices and I was one of the victims. 

XXXX, XXXX XXXXXXXX XXXX, and now Real Time Resolutions, refused to accept conforming payments XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, improperly applying or crediting payments XXXX, XXXX XXXX XXXX, and now Real Time Resolutions, imposing unreasonable fees or charges, taking advantage of the victims of the original lender XXXX, for their gain. 

XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, not providing an accurate payoff balance amount upon a borrower 's request contradicts what they have been reporting to the IRS. 

XXXX, XXXX XXXX XXXX, and now Real Time Resolutions, failing to provide accurate information regarding loss mitigation options and foreclosures. 

XXXX, XXXX  XXXX XXXX, and now Real Time Resolutions, improperly starting a foreclosure, dual tracking, or conducting a foreclosure sale in violation of federal mortgage servicing laws, or any other error relating to the servicing of a borrower 's mortgage loan. 

To date, the documents and information I have, that you have sent me, and the conversations with your service representatives have been unproductive and have not answered my questions. 

Needless to say, I am very concerned that Real Time Resolutions just wanted to maximize what they can get out of this originally predatory loan they bulk purchased from XXXX XXXX XXXX . With all the news regarding the stories of XXXX 's predatory lending, I believe Real Time Resolutions is acting as the resurrected XXXX, the well-known " predatory lender and services '', you have left me feeling that there is something you are trying to hide. I worry that potential fraudulent and deceptive practices by unscrupulous mortgage brokers, sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance your balance sheets ; and deceptive, threatening, abusive, and fraudulent accounting tricks and practices may have so negatively affected any credit rating, mortgage account and/or the debt or payments that I am currently, or may be legally obligated to. 

Realtime Resolutions wrongly started a notice of default on my property, foreclosure improperly scheduled or conducted a foreclosure sale and they are admitting that they are not allowing any permanent Loan Assistance to borrowers because they are a Collection company, not a Servicer. 

I hereby demand absolute 1st hand evidence from you of the original uncertificated or certificated security regarding RTR File Number # XXXX. In the event you do not supply me with the very security it will be a positive confirmation on your part that you never really created and owned one. 

Please STOP all the FORECLOSURE threats to my property, until you have provided me all the information, proofs, and documentation from the start origination date from XXXX, XXXX XXXX XXXX to today, XX/XX/XXXX, and until you provide your explanation of the discrepancies of the Principal Balance I owed why the amount your report to IRS is less, whereas you are threatening me to pay them over twice the amount of balance I owed to Real Time Resolutions. Show me a document that I borrowed money from Real Time Resolutions with my signature on it and notarized. 

I expect you to mail me that you have acknowledged and received my Qualified Written Request within five ( 5 ) business days. 

I expect you to mail me all my requested information within 30 days. 

I expect you to delete in my Credit Report all the Notice of Defaults you created because this loan has errors and it is protected as well by my filing of XXXX  XXXX Bankruptcy in XXXX while XXXX was the Lender who gave their word that due to the water down the value of the property, that this loan is eliminated yet they sold it to RealTime Resolutions. 


Sincerely, XXXX XXXX Mailing Address : XXXX XXXX XXXX XXXX, CA XXXX email : XXXX Cell : XXXX ================== END OF QWR SENT TO RTR ================ Please help me CFPB Team, they added over 50 % of the Late Charges and Fees wherein they have been so quiet since the time they bought the bulky 2nd loans from XXXX without investigating the background of each loan, because at that time XXXX was at a lost. 

Any forgiven debt by the original lender, must be honored, and must not be sold to a Collection agent like RTR. Knowing XXXX has been one of the predatory lenders, I am certain that selling these forgiven loans may have helped XXXX survived all these complaints against them during those times ... this has to stop!