Consumer complaint received 2026-03-17 00:00:00
Product: Debt collection — Mortgage debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: McCalla Raymer Leibert Pierce, LLC
State: FL

Complaint narrative:
UNIVERSAL NOTICE Enhanced Federal Response to CFPB Notice Complaint ID : __________ Introduction To Whom It May Concern, This correspondence is submitted in response to the notification stating that the company refuses to respond to the consumer complaint through the Consumer Financial Protection Bureau ( CFPB ) because the matter allegedly involves pending or prior litigation.Complaint ID : __________ The position taken by the company does not relieve it of its obligations under federal consumer protection statutes, mortgage servicing laws, and controlling United States Supreme Court precedent governing debt collection conduct. Federal law continues to apply to all debt collection activities, including those occurring during litigation. 1. Federal Law Applies During Litigation The United States Supreme Court held in XXXX XXXX XXXX, 514 U.S. 291 ( XXXX ), that attorneys and entities engaged in litigation to collect debts remain subject to the Fair Debt Collection Practices Act ( FDCPA ). Accordingly, the existence of litigation does not exempt a debt collector or mortgage servicer from compliance with federal consumer protection statutes. 2. Debt Collectors Must Possess Competent Evidence The United States Court of Appeals for the XXXX XXXX held in XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), that debt collectors must possess competent evidence of the debt before attempting collection activity. Attempting to collect a debt without reliable documentation may violate : 15 U.S.C. 1692e False, deceptive, or misleading representations 15 U.S.C. 1692f Unfair or unconscionable collection practices 3. Strict Liability Under the FDCPA In XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, 559 U.S. 573 ( XXXX ), the Supreme Court confirmed that violations of the FDCPA are subject to strict liability. This means a debt collector can not avoid liability by claiming a mistaken interpretation of the law. 4. Mortgage Enforcement Requires the Note The Supreme Court established in XXXX XXXX XXXX, 83 U.S. 271 ( XXXX ), that the mortgage follows the note and can not exist independently from the underlying debt instrument. Accordingly, any party attempting to enforce a mortgage must demonstrate lawful possession and authority to enforce the promissory note. 5. Truth in Lending Act ( TILA ) Requirements Under 15 U.S.C. 1641 of the Truth in Lending Act, the owner or assignee of a mortgage loan must provide accurate disclosure of the ownership of the debt. Additionally, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 574 U.S. 259 ( XXXX ), confirmed that borrowers may exercise rescission rights under TILA through written notice. 6. Real Estate Settlement Procedures Act ( RESPA ) Mortgage servicers must comply with the servicing obligations imposed by the Real Estate Settlement Procedures Act, including : 12 U.S.C. 2605 Servicer duty to respond to borrower inquiries 12 C.F.R. 1024 Regulation X servicing rules Failure to properly respond to borrower inquiries may constitute a federal violation. 7. CFPB Authority Over Unfair PracticesComplaint ID : __________ The Consumer Financial Protection Act grants the CFPB authority to regulate and investigate unfair, deceptive, or abusive acts or practices ( UDAAP ) under : Complaint ID : __________ 12 U.S.C. 5531 12 U.S.C. 5563 The existence of litigation does not eliminate the Bureaus regulatory oversight responsibilities. 8. Court Sanctions for Improper Conduct Federal courts possess inherent authority to sanction improper litigation conduct. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) confirmed courts may impose sanctions for bad-faith litigation conduct. XXXX XXXX XXXX XXXX XXXX XXXX, 447 U.S. 752 ( XXXX ) further recognizes that courts may sanction parties who abuse the judicial process. Conclusion Federal law and United States Supreme Court precedent clearly establish : Debt collectors remain subject to federal consumer protection laws during litigation. Debt collection activity requires competent evidence of the alleged debt. Mortgage enforcement requires lawful possession of the promissory note. Federal courts may sanction improper litigation conduct. For these reasons, the issues raised in this complaint remain appropriate for CFPB review and regulatory oversight.Complaint ID : __________ Respectfully submitted.

Company response to consumer: Closed with explanation