Consumer complaint received 2016-12-27
Product: Mortgage — Other mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Gross Polowy LLC (NY)

This complaint is against Gross Polowy LLC who filed a summons and complaint against me and others in the Supreme Court of XXXX New York on XX/XX/2016. Gross Polowy identified itself as 1 ) attorneys for The Plaintiff, identified as XXXX, AS TRUSTEE, SUCCESSOR IN INTEREST TO XXXX, AS TRUSTEE FOR XXXX 2005-A6 ; and 2 ) representing as the creditor the entity with the same name as the Plaintiff ; and 3 ) a debt collector. The correspondence from Gross Polowy signed by XXXX, Esq. stated, " If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. '' Gross Polowy Also sent a VALIDATION NOTICE-THIS IS NOT A PAYOFF STATEMENT, undated, to XXXX and XXXX. The notice stated, " This office represents the above named creditor. Please be advised that " a claim in the amount of {$380000.00} ... has been referred to us. '' The letter went on to list itemized unverified amounts including, Principal Amount, Interest, Late charges, Included Inspection Fees, Escrow items advanced on your behalf, BPO Valuations, equal to the above claimed amount. The notice also gave us 30 days to dispute the validity of the debt or any portion thereof, or it would assumed by Gross Polowy to be valid. 
On XX/XX/2016 we sent a letter to XXXX ( attached ) denying the debt in its entirety and denying that Gross Polowy had any authority to commence the lawsuit or the collection threats. 
We have been advised in writing on multiple occasions, by XXXX, as Trustee, their named Plaintiff, that XXXX is merely the trustee for the Trust which owns the mortgage and note ; and that XXXX has no authority over, or responsibility for, overseeing mortgage servicers or their agents and attorneys. Further, XXXX denies any " discretion or authority in the foreclosure process '' and they have stated emphatically directly to us that they have no role in initiating the foreclosure process. We advised XXXX of these facts by way of a letter sent U.S. Priority Mail XXXX. We also filed a response on XX/XX/2016, with the court, to timely raise objections. Documentary evidence which we have obtained indicates that XXXX is using the name XXXX, etc. as a named plaintiff in the case which is fictitious. 
In their Certificate of Merit which is required by law in New York, Gross Polowy said they reviewed the facts of the case and documents ( including a lost note affidavit stating the alleged note was lost more than eleven years ago ). Gross Polowy also affirmed to the court that they are the attorney for Plaintiff in the action, and that XXXX, Esq. had " consulted about the facts of this case with the following representative of Plaintiff : Name XXXX, Title, Foreclosure Specialist. '' He went on to " certify that there is a reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforce rights under these documents. '' All of the above statements by Gross Polowy are false and a gross misrepresentation of the facts. We have been informed by XXXX, as recently as XX/XX/2016 that U.S. Bank is " not the lender or servicer for this property, and have no involvement with the foreclosure process. '' We have also been informed that XXXX is not an employee or representative of XXXX, as stated in the Certificate on Merit dated XX/XX/2016.