Consumer complaint received 2015-04-13
Product: Debt collection — Credit card
Issue: Disclosure verification of debt — Not given enough info to verify debt
Company: ENCORE CAPITAL GROUP INC. (GA)

The creditor, Midland Funding , LLC ( " Midland '' ), has been very uncooperative in my firm 's communication with them. Midland purchased the debtor 's debt obligation. However, that debt obligation was discharged in bankruptcy. My firm became involved because we conduct real estate closings and our firm was selected as the closing attorney for a transaction in which the debtor is the seller. 

We conducted a title search of the subject property and discovered a judgment lien for the aforementioned debt obligation encumbering the title to the subject property. To clear the title issue, on behalf of the debtor, I initiated contact with XXXX XXXX XXXX XXXX XXXX ( " XXXX '' ), the company named as the creditor on the recorded judgment lien. Through conversations with representatives at XXXX, I learned that the debt obligation was ultimately sold to Midland. 

I contacted Midland and the provided them with the debtor 's authorization for my firm to communicate with Midland on the debtor 's behalf. From the beginning, our dealing with Midland were extremely frustrating. The wait time to speak with a representative were usually between 20-40 minutes. When I was finally able to speak with a representative about obtaining a payoff amount, the responses were mixed but invariably unhelpful. I 've been told that there is a record that the debt was discharged in bankruptcy but that there was nothing else in Midland 's records, I was told that there no record of there being a judgment recorded in connection with the debtor 's debt obligation purchased by Midland, and that the representative would have to contact the internal department that deal with payoff to find out more information. I was almost always told to check date at a later date. 

Finally, I was put in contact with an " account manager '' named XXXX XXXX, who said he would have to send a request to an " internal department '' to determine if they had a record of there being a judgment filed in connection with the debt obligation they purchased, the debt obligation Midland purchased was that shown on the recorded judgment. Again, I was instructed to check back periodically. About a month passed with no progress, despite several instances where XXXX stated that a reply for this sort of determination usually took about 3 business days. In my mind, he made minimal to no effort to resolve this issue or expedite matters. 

After about of month with no progress, I sought the emails of anyone in a leadership or executive position at Midland and sent a mass email requesting assistance in resolving this matter. Within a few days, I was contacted by XXXX XXXX who stated that Midland was willing to release the judgment lien. I drafted a Satisfaction and Release and sent it to XXXX XXXX to be executed by the appropriate party at Midland, along with a request for documentation evidencing the fact that the executing party has authority to do so on behalf of Midland. This latter request has not been met. 

Given that the Satisfaction and Release is being executed by a limited liability company, the person signing on its behalf must have the requisite authority or there is no binding effect to the executed legal document. I explained this to XXXX XXXX, who executed the Satisfaction and Release, and his response was that he had the requisite authority. When asked for the documentation showing that authority, he said he did n't have it and could n't get it. I was then referred to his supervisor, XXXX XXXX, who has neither returned my phone calls nor my emails. 

As a result of Midland 's refusal or inability to provide the requested document, which should be readily available, the debtor is unable to complete the sale of her property and it is creating an undue hardship in what should be a routine procedure for a debt collector of this size.