Consumer complaint received 2017-05-03
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Quality Loan Service Corporation (CA)

On    XXXX   XXXX   XXXX   , the California  XXXX   XXXX   XXXX  forfeited    XXXX   XXXX   XXXX   powers, rights, and privileges and remain forfeited to this day. Because of this action by the California  XXXX   XXXX   XXXX ,  XXXX   XXXX   XXXX  was not legally in business as a mortgage banker on and after   XXXX   XXXX   XXXX   and lacked the legal ability to enter into a binding and enforceable contract with a third party.     A copy of the Certificate of Status from the California Secretary of State, dated  XXXX   XXXX ,  XXXX  is attached to this complaint which demonstrates  XXXX   XXXX   XXXX  is legally out of business since   XXXX   XXXX   XXXX  . Also attached is a Copy of Form  XXXX , page  XXXX , Paragraph  XXXX  from the California  XXXX   XXXX   XXXX , dated  XXXX , which shows that foreign corporations who have their powers, rights, and privileges forfeited and enter into any contract with a third party after this action by the California  XXXX   XXXX   XXXX  creates a contract that is voidable by th e third   party  and unenforceable.  XXXX   XXXX   XXXX  also can not sue or bring legal action against any third party while they are in this status. The Secretary of State of California and the California  XXXX   XXXX   XXXX  requires  XXXX   XXXX   XXXX  to close business and stop all business related activity on  XXXX   XXXX ,  XXXX . Such a forfeited business corporation that provides a service, or goods, to third parties  XXXX  not be able to collect payment for such services and goods since technically they are not permitted to engage in any business transaction in the  State  of California.     At dispute is a Deed of Trust,  Promissory  Note, and Loan Disclosures that pertain to my home, household and family. I am a natural person and a consumer.  XXXX   XXXX   XXXX  is shown within alleged copies of these documents as the Lender. Although the original loan documents have not been validated or verified by any alleged creditor or debt collector, as defined by the Fair Debt Collection Practices Act ( FDCPA )  15 USC 809 ( a ).  To date unofficial copies of any Deed of Trust, Promissory Note, and Loan Disclosure documents are all signed by  XXXX   XXXX   XXXX  and me after   XXXX   XXXX   XXXX       I believe that  XXXX   XXXX   XXXX  knowingly committing an illegal act, fraud, and predatory lending with consumers after   XXXX   XXXX   XXXX   in its mortgage banking business. No disclosures were made of their lack of corporate powers to unsuspecting consumers. They should of stopped conducting illegal business but they did n't.     Now enters Quality Loan Service Corporation who has identified themselves to me as a debt collector as defined by FDCPA  15 USC 1692 ( 6 ).  This complaint is also about Quality Loan Service Corporation and their illegal and damaging debt collection practices.     My first encounter with Quality Loan Service Corporation begins on    XXXX   XXXX   XXXX    when I receive a letter from them that claims they are the Trustee for an entity that is not mentioned in any of the copies of the original Deed of Trust, copies of original Promissory Note, or copies of the original Loan Disclosures. This entity is named in their letter as  XXXX    XXXX    XXXX   XXXX   XXXX , AS TRUSTEE, FOR THE  XXXX     XXXX   PASS-THROUGH CERTIFICATES,  XXXX   XXXX . '' The letter also deceptively says that their letter is a  XXXX   XXXX   XXXX . I respond back in writing that the debt is in dispute, they are a debt collector with no legal standing and that they must verify and validate any debt in accordance with the FDCPA standards and they show wrong numbers in their letter to me regarding the alleged loan because they do not have any knowledge about  XXXX   XXXX   XXXX  's status in California. This letter is attached to this complaint.     California  XXXX  and  XXXX   XXXX   XXXX   XXXX  states : ( a ) Any person who attempts or purports to exercise the powers, rights, and privileges of a corporation that has been suspended pursuant to Section  XXXX  or who transacts or attempts to transact intrastate business in this state on behalf of a foreign corporation, the rights and privileges of which have been forfeited pursuant to the section, is punishable by a fine of not less than  XXXX   XXXX   XXXX  dollars ( {$250.00}  XXXX  and not exceeding  XXXX   XXXX  dollars ( {$1000.00} ), or by imprisonment not exceeding  XXXX  year, or both fine and imprisonment.     Quality Loan Service Corporation is currently violating the California Revenue and Taxation Code Section  XXXX  by attempting to enter into a contract between me and Affiliated Funding that does not in any way involve their company. This company has recorded a Notice  of Trustee Sale  and also claims they will sell my home on    XXXX   XXXX   XXXX    at  XXXX  am.      Further  Quality Loan Service Corporation is NOT registered as a legal Nonbank Trustee with the Internal Revenue Service and therefore can not serve as Trustee that involves security instruments such as Promissory Notes.     Quality Loan Service Corporation as a debt collector is violating  15 USC 1692 ( e ) ( 5 ) b y using false and misleading information that they can take any action such as foreclosing on my home when they legally can not take such an action.  15 USC 1692 ( e ) ( 6 ) and ( 7 )  making false representations that I do not have a right to a claim for my standing and demand to them to Cease and Desist interfering in a contract that they are not a party to and that my conduct by bringing this matter in a form of a complaint to the CFPB is is wrong and useless is done to disgrace me the consumer.     Quality Loan Service Corporation also lies when they they respond to such complaints to your government agency. On   XXXX   XXXX   XXXX  , Quality Loan Service Corporation stated to the Consumer Financial Protection Bureau in a similar complaint by me that the foreclosure sale is on hold. But on the  Quality Loan Service Corporations  website, the sale date is scheduled for   XXXX   XXXX   XXXX   at  XXXX   XXXX . A copy of that sale announcement is attached and was taken from their website on   XXXX   XXXX   XXXX  . I am documenting this behavior of conduct by Quality Loan Service Corporation because they will likely be continuing with an illegal action to steal my home through a wrongful foreclosure sale. Both documents are attached to this complaint that show  XXXX  statement and then another action.     I have informed Quality Loan Service Corporation in writing that they will be liable for damages that a consumer can claim in accordance with the FDCPA  15 USC 1692k.  Copies of my dispute letters are attached and  XXXX  response they had a " legal assistant '' from a company unrelated to me in anyway concerning this matter. That letter representing Quality Loan Service Corporation 's standing never answered the question about  XXXX   XXXX   XXXX  status that I brought out in the debt verification and validation letter that I sent Quality Loan Service Corporation dated   XXXX   XXXX   XXXX     The loan has been rescinded by me and notification has been given to  XXXX   XXXX   XXXX  and no protest has been made by them.