Consumer complaint received 2019-10-16
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: FCI Lender Services Inc. (LA)

XXXX XXXX XXXX XXXX instituted foreclosure proceedings on XX/XX/XXXX to enforce a promissory note in the form of a line of credit dated XX/XX/XXXX, made payable to the order of the Lender, XXXX XXXX, XXXX d/b/a XXXX, by executory process. The Note was in the original principal amount of {$35000.00} bearing interest at an adjustable interest rate and payable in consecutive monthly installments beginning XX/XX/XXXX. A demand letter was never received. When requesting evidence of this debt or any attempts to collect such debt. A demand letter dated XX/XX/XXXX was submitted and lacked factual basis, is fundamentally deficient, and is insufficient to satisfy the requirements for service of executory process. I never received the purported XX/XX/XXXX demand letter. The letter was apparently addressed to my parents address. A certified mail receipt Numbered XXXX XXXX XXXX XXXX XXXX that was attached to this pleading was never served. Instead, USPS records show that the mailing associated with Certified Mail # XXXX XXXX XXXX XXXX XXXX was directed to an unidentified address in XXXX, Louisiana in XX/XX/XXXX and returned toas undeliverable on XX/XX/XXXX. Furthermore, the petition is devoid of any evidence of any return receipt to overcome the evidence that the letter was never served. We were not served with any notice or demand related to XXXX claims subject to this suit until XX/XX/XXXX, three weeks after the suit was filed and the property was seized and advertised for judicial sale. These defects in service are fundamental to nature of the obligation, and in light of the harsh nature of executory process. 

On XX/XX/XXXX I entered a first mortgage payable to the order of the Lender XXXX XXXX, XXXX d/b/a XXXX, in the amount of {$48000.00} Also on XX/XX/XXXX, I entered a secondary mortgage loan/line of credit payable to the order of the Lender XXXX XXXX, XXXX d/b/a XXXX, in the amount of {$35000.00}. Both loans were marketed, presented, sold, and executed by XXXX as a packaged obligation securing the purchase of the property. I made its payments to XXXX XXXX, XXXX d/b/a XXXX following purchase of the home. As of XX/XX/XXXX no obligations due and owing to XXXX XXXX, XXXX d/b/a XXXX were in default. 
On XX/XX/XXXX debtors were notified that XXXX XXXX XXXX XXXX ( XXXX XXXX ) had on XX/XX/XXXX replaced XXXX XXXX d/b/a XXXX as their mortgage servicer and that all payments once made to XXXX XXXX   d/b/a XXXX would be made to XXXX XXXX going forward. As directed, we updated payment methods, made no further payments to, and had no further communications or correspondence with XXXX XXXX d/b/a XXXX after XX/XX/XXXX. Actions on instruments, whether negotiable or not, and on promissory notes, whether negotiable or not, are subject to a liberative prescription of five years.Based on the foregoing, the Note in its entirety would have prescribed at minimum five years from the date of XXXX assignment, sale, and transfer to XXXX XXXX ( five years from XX/XX/XXXX ) and well before the filing of this current action unless prescription was interrupted, which it was not. Additionally, XXXX fails to properly allege any changes in the interest rate of the variable rate interest Note or to itemize any interest accrued, including interest accrued after maturity, purportedly paid and fails to itemize any unpaid charges for insurance premiums or taxes paid or other advances for which Plaintiff purports to be entitled and contains no information concerning the escrow balance. The information concerning any escrow expenses must be set forth by verified Petition or Affidavits submitted therewith ( and not after the sale ) and must particularize the existence, date, and the amount of any alleged payments. The Plaintiff can not demand an award of unspecified expenses in unstated amounts. It can not, as here, demand an award of unspecified expenses in unstated amounts and leave various unspecified costs subject to whim after judicial sale. In addition, There are no endorsements on the Note.When requesting evidence of rights to said note, fraudulent documents were submitted with dates prior to an assignment even taking place. I am attaching documents for your reference. 
Lastly, the assignment of Mortgages shows that on the same date XX/XX/XXXX XXXX XXXX Signed both as the Assistant Secretary of XXXX, the Authorized Signer for XXXX/XXXX   XXXX XXXX, This complaint is Against XXXX, XXXX/XXXX, XXXX, XXXX XXXX XXXX XXXX, and FCI Lender Services