Consumer complaint received 2025-01-30 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: NY

Complaint narrative:
Summary of Complaint : I am submitting this formal complaint regarding the lack of a properly recorded mortgage assignment for the property located at XXXX XXXX XXXX, XXXX, NY XXXX. Based on a review of the XXXX XXXX XXXX XXXX XXXX XXXX, there is no recorded assignment of the mortgage from USAA Federal Savings Bank to XXXX XXXX XXXX ( XXXX XXXX XXXX ) via MERS XXXX 

Despite this, XXXX XXXX is attempting to collect a debt without proper legal assignment or standing. Additionally, XXXX has failed to correct inaccurate credit reporting despite being provided with proper documentation of a XXXX balance on this mortgage, as reported by XXXX and XXXX. 

Legal Issues Presented : Failure to Record Mortgage Assignment in XXXX XXXX XXXX XXXX XXXX New York Real Property Law ( RPL ) 291 & 321, a mortgage assignment must be recorded to be legally enforceable. 

No recorded assignment exists from USAA to XXXX XXXX through MERS. 

MERS has failed to confirm that XXXX XXXX is a properly recorded assignee. 

Fair Credit Reporting Act ( FCRA ) Violations 15 U.S.C. 1681 XXXX has failed to update my credit report despite receiving a Notice of Data Breach and Identity Theft Affidavit. 

XXXX and XXXX have already reported the mortgage as a XXXX balance, but XXXX has not complied. 

Fair Debt Collection Practices Act ( FDCPA ) Violations 15 U.S.C. 1692 XXXX XXXX Mortgage is attempting to collect a debt it has no legal standing to enforce. 

No valid mortgage assignment has been produced, violating consumer protection laws against deceptive debt collection. 

Violation of New York General Business Law ( GBL ) 349 Deceptive business practices are prohibited under NY law.

Failure to provide proper assignment records and continued misrepresentation of debt validity constitute a violation.

Requested Actions : A formal Notice of Assignment from the XXXX XXXX XXXX XXXX confirming whether XXXXXXXX XXXXXXXX was legally assigned the mortgage via MERS. 

Immediate correction of XXXX inaccurate reporting to reflect a XXXX balance consistent with XXXX and XXXX. 

A full investigation into XXXX XXXX legal standing to collect on this mortgage. 

An official CFPB inquiry into MERS failure to provide transparent documentation of assignments. 

Supporting Documentation : MERS Letter and Qualified Written Request ( Sent to XXXX XXXX ) Notice of Data Breach ( XX/XX/year> ) Identity Theft Affidavit ( Filed with the FTC and Police Department ) XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX & Demand for Correction Correspondence with USAA Confirming They Originated the Loan and Have Reported a XXXX Balance Conclusion : I request that the CFPB take immediate action to ensure compliance with federal and state laws regarding proper mortgage assignment, credit reporting accuracy, and fair debt collection practices. If this issue is not resolved, I reserve the right to pursue legal action for violations of FCRA, FDCPA, and NY State Business Laws. 

I appreciate your prompt attention to this matter and request a written response regarding the steps taken to address my complaint.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation