Consumer complaint received 2016-10-22
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Aldridge Pite, LLP (CA)

This response is filed on behalf of Clear Recon Corp ( " CRC '' ), an affiliate of Aldridge Pite , LLP ( " AP '' ), to CFPB Consumer Complaint XXXX ( " CFPB Complaint '' ) filed by XXXX XXXX ( the " Consumer '' ) .This response does not purport to make any representations on behalf of any other entities, nor should it be construed as a statement of CRC regarding the actions of any other entities.A brief history of the foreclosure action is as follows : The subject loan was secured by a Deed of Trust recorded on XXXX/XXXX/XXXX as Instrument XXXX in the XXXX XXXX XXXX XXXX Records.As a result of the Consumer 's subsequent default on the loan in XXXX XXXX, the loan was referred to AP for foreclosure in XX/XX/XXXX.Thereafter, CRC caused to be recorded a Substitution of Trustee on XXXX/XXXX/XXXX as Instrument XXXX Notice of Default initiating the foreclosure was caused to be recorded on XXXX/XXXX/XXXX as Instrument XXXX Notice of Sale was recorded XXXX/XXXX/XXXX as Instrument XXXX scheduling the trustee 's sale date for XX/XX/XXXX.However, the trustee 's sale was postponed and ultimately canceled- Response provide cancellation notice ( never received ) and explanation of cancellation. 

A second notice of sale was recorded on XXXX/XXXX/XXXX as Instrument XXXX scheduling the trustee 's sale date for XXXX/XXXX/XXXX ; however, it was postponed until XXXX/XXXX/XXXX and was further postponed until XXXX/XXXX/XXXX. - Response provide the amount due on NOD recorded related to cancellation. 

.The issues alleged by the Consumer in the CFPB Complaint appear to be related to the Consumer 's dispute of the debt. Specifically, the Consumer asserts that she has not received " the corrected accounting, '' and that the amount of the debt as stated in the notice of sale is incorrect due to XXXX payments she made in XXXX the amIn addition, she requests the name of the current beneficiary as well as copies of any and all assignments.As to the Consumer 's request for the name of the current beneficiary and copies of any and all assignments, a review of CRC 's foreclosure file indicates that on XXXX/XXXX/XXXX, CRC mailed to the Consumer 's authorized agent a letter providing the name of the current beneficiary in addition to copies of the promissory note, deed of trust and assignment of deed of trust.- Response what was sent to agent was never sent to me and stated a completely different amount. 

The Consumer alleges Moreover, pursuant to California Civil Code section XXXX ( b ), a trustee " shall incur no liability for any good faith error resulting from reliance on information provided in good faith by the beneficiary regarding the nature and the amount of the default under the secured obligation, deed of trust, or mortgage. " Therefore, as the foreclosure trustee, XXXX may rely on the amounts provided in good faith by the servicer in the current foreclosure proceedings. 

Response what amounts were provided XXXX vs XXXX? 

XXXX was from original servicers Bank XXXX- less than what was provided to agent and myself XXXX alleged debt was provided by XXXX XXXX which appears to be deceptive to obtain more than what original creditor provided for principle - more than original servicer provided not including rears The Consumer requests a detailed payment accounting, an explanation of amounts considered " tender '' under the Fair Debt Collection Practices Act ( " FDCPA '' ), and a rescission of the notice of default and the notice of sale. - Response until debt is confirmed I am requesting recession in good faith. 

Response As the collection company you appear to be attempting to deceive me by providing inaccurate accounting - XXXX to me and another to agent regarding principle amount not including rears. 

Response as the debt collector provide original creditor documents from XXXX only with alleged debt.