Consumer complaint received 2024-04-17
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: PLANET HOME LENDING, LLC (CA)

I. INTRODUCTION - In XXXX XXXX XXXX XXXX executed a Promissory Note and a Deed of Trust with XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Record in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
II. STATUTE OF LIMITATIONS ( Time-barred ZOMBIE DEBT ) A. Consumer Financial Protection Bureau ( CFPB ) XX/XX/XXXX reiterated guidance to debt collectors closing on the mortgages that the FDCPA, Regulation F and California Civil Code 37 prohibit such debt collectors for suing or threatening to sue to collect or foreclose on homes with mortgages passed the statute of limitations or time-barred debt. Such prohibition applies even if the debt collector does not know that the debt is time-barred. Threatening to sue to collect on expired Zombie debt itself is ILLEGAL. Violation of the Fair Debt Collection Act. ( FDCPA ).

Statute of Limitations is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time. In general, once the statute of limitations on a case runs out, the legal claim is not valid any longer. 
B. On XX/XX/XXXX XXXX XXXX, XXXX notified XXXX by letter Notice of Assignment, Sale or Transfer of Servicing Rights of her Countrywide ( B of A ) mortgage loan from XXXX to Planet Home Lending , LLC. with the required FDCPA time-barred notice : The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. In circumstances, you can renew the debt and restart the time period for the statute of limitation, XXXX XX/XX/XXXX Defendants Recorded a Notice of Default and Election to Sale. 
D. Threating or attempting to sue to collect on an expired ( zombie ) mortgage debt is illegal. 
III. 51 False Claim 18 U.S.C. 152 ( 4 ) -Subsection ( 4 ) of Section 152 sets out the offense of filing a false bankruptcy claim. A " claim '' is a document filed in a bankruptcy proceeding by a creditor of the debtor. It is sometimes also called a " proof of claim. ". A false claim is one that is known by the creditor to be factually untrue at the time the claim is filed.

Official Form 410 Instructions for Proof of Claim United States Bankruptcy Court 1. If the claim has been acquired from someone else, then state the identity of the last party who owned the claim or was the holder of the claim and who transferred it to you before the initial claim was filed. 
2. Attach any supporting documents to this form : a ). that show that the debt exists, a lien secures the debt, or both.

b ). that show perfection of any security interest or any assignments or transfers of the debt.

B. Federal Rule of Bankruptcy Procedure Rule ) 3001 ( c ) and ( d ). Evidence of perfection : Evidence of perfection of a security interest may include documents showing that a security interest has been filed or recorded, such as a mortgage, lien, certificate of title, or financing statement.

IV. 51 FALSE CLAIMS 18 U.S.C. 152 ( 4 ) in Bankruptcy ) A. Filing an INCORRECT or INCOMPLETE PROOF CLAIMS is FRAUD, PERJURY and Administration inconvenience. 
B. UNDISPUTED FACTS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Deed of Trust clearly demonstrates that the claim was assigned/ transferred/ conveyed from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  a MATERIAL MISREPRESENTATION of claims history of being acquired from another and are 2. INCOMPLETE 410 Proofs of Claims and 3. DEVOID of the required documents that EVIDENCE the : a ). perfection of the security instrument ( deed of trust ). 
b ). proper transfer / assignment of the promissory Note. 
V. On XX/XX/XXXX, Debtors were wrongfully foreclosed and on XX/XX/XXXX ILLEGALLY EVICTED from property.