Consumer complaint received 2016-08-15
Product: Debt collection — Mortgage
Issue: Taking/threatening an illegal action — Seized/Attempted to seize property
Company: Aldridge Pite, LLP (GA)

This is a Claim of UDAAP violations pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations, 15 U.S. Code 1692f - Unfair Practices, and O.C.G.A. 9-3-25 GA statute of limitation. 

1. Alridge Pite, LLP., the foreclosing attorney hereafter referred to as ( AP LLP . ) and XXXX XXXX XXXX XXXX hereafter ( XXXX XXXX ) is threatening to seize, attach, or sale our property in a unlawful non-judicial foreclosure sale scheduled for XXXX XXXX, XXXX if a loan modification, short sale or surrender of our property is not agree too by us. The unlawful seizure of our property is now imminent. See EXHIBIT-L, XXXX XXXX and AP LLP. ( sale under power notice ). 

2 XXXX XXXX and AP LLP. failed to record the XXXX assignment made by XXXX to XXXX XXXX in the office of the clerk of the superior court of XXXX County GA where the land referred to in the purported instrument is located. 

3. Instead of recording the assignment pursuant to O.C.G.A. 44-2-6 as required by law, XXXX XXXX and AP LLP. chose to violate the law by avoiding recording of the assignment to the new lender in County records. 

4. The new lender is none other than " XXXX XXXX '' according to XXXX 's statement of fact. See EXHIBIT XXXX at PageXXXX where is says " Account transferred to another lender ''. 

5. Since there is a new lender then XXXX XXXX and AP LLP. is required by law to foreclose in the ( new ) lenders name, not the previous lender 's name. If they proceed with the foreclose they are committing a felony and violating state and federal law. See Exhibit XXXX ( new lender ), then see EXHIBIT-L ( Sale under Power ) and EXHIBIT XXXX. Note that the previous lender, not the new lender is listed as the foreclosing party - THAT IS AN UNLAWFUL ACT. 

6. There is no present right to possession of the property claimed as collateral for the following reasons : 7. This is a case where XXXX XXXX bought collection rights to an account that both XXXX XXXX and XXXX knew or should have known were charged-off and closed on or before XXXX XXXX, XXXX. 

8. Both XXXX XXXX and XXXX knew or should have known that the account was charge-off/closed 3 years before it was sold. 

9. Both XXXX XXXX and AP LLP. have personal knowledge that the loan they are attempting to foreclosure on is dead because the account was charged-off and closed by XXXX on or before XXXX XXXX, XXXX. 

10. See evidence of account charge-off at EXHIBIT XXXX at XXXX, and XXXX at XXXX XXXX. See evidence that the account was closed and charged off as of XXXX XXXX At EXHIBIT XXXX & XXXX. 

12 See EXHIBIT XXXX ( account closed ), then see EXHIBIT XXXX where the account was fraudulently modified in XXXX XXXX to make it appear that the sale of account # XXXX happened before it was charged-off and closed. 

13. As to any unsecured debt please be advised that the account is now time barred under O.C.G.A. 9-3-25 Georgia statute of limitation. See relevant date at EXHIBIT XXXX, XXXX. The statute lapsed on XXXX XXXX. 

14 AND, even if there were ever a secured interest in our property, foreclosure would be time barred as to any written contracts. 

15 According to XXXX the property was harmed, and the contract or agreement was violated ( breached ) XXXX XXXX ; the account was accelerated XXXX XXXX which started the statute of limitation to run ; XXXX initiated foreclosure in XXXX XXXX. The Statute lapsed on XXXX XXXX. See EXHIBIT XXXX then see EXHIBIT XXXX thru XXXXThe collection rights was sold to XXXX XXXX in XXXX, years after the loan had been charge-off and CLOSED in XXXX, see EXHIBIT XXXX. 

17. When a original subprime predatory loan is charged off and closed, the loan and note no longer exist ( according to UCC requirements ). All that remained is collection rights to possible default debt. AND, those rights c