Consumer complaint received 2025-03-26 00:00:00
Product: Mortgage — Other type of mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: CBC Holdings LLC
State: AZ

Complaint narrative:
I have filed a complaint with the court in XXXX XXXX and I am ready to file for motion of immediate restitution of lost down payment and equity. 
I am homeless on the street now and need this case expedited because of our hardship.

Companies I am suing are the following ; XXXX XXXX XXXXPrivate Investor XXXX XXXX Account XXXX XXXX XXXX INACTIVE as of XX/XX/XXXX Foreclosure XXXX XXXX XXXX XXXX XXXX TEMPORARILY XXXX XXXX XXXX XXXX XXXX XXXX -Private Investor Contacts XXXX XXXX XXXX aka DEED STREET CAPITAL XXXX XXXX XXXX Servicer for last two months of loan Since Loancare and Deed street took over our loan in XXXX they have misapplied payments if posted at all. Charged other charges not on promissory note, proposed workout plan and when accepted never put it in writing which caused foreclosure. 
As you can read below some of the complaints we have. 

home purchase {$320000.00} in XXXX through a seller-financed loan with {$190000.00} at 5 % interest, following a {$120000.00} down payment. 
2. The XXXX sold the loan to Deed Street Capital XXXX XXXXXXXX XXXX XXXXXXXX ), which later transferred servicing to XXXX, then XXXX XXXX. 
3. XXXX misapplied payments, leading to erroneous late fees and incorrect balances. Could not provide a detailed statement after many request. 
4. Defendants failed to issue correct tax documents for XXXX, XXXX, and XXXX, causing financial and tax complications. 
5. Plaintiffs were approved for California Mortgage Relief assistance, but Defendants failed to apply the relief to their account. 
6. XXXX XXXX XXXX was not licensed to operate as a mortgage servicer or lender in California, violating state financial laws. 
7. The Pennsylvania Department of Banking and Securities ( XXXX XXXX. XXXX ( XXXX ) ) found XXXXXXXX XXXX Trust guilty of unlicensed mortgage servicing, demonstrating a pattern of unlawful lending and foreclosure practices. 
8. Despite multiple emails and communications from Plaintiffs, Defendants falsely reported them as unreachable in foreclosure filings. 
9. Wrongful foreclosure occurred in XX/XX/XXXX, with the property auctioned for {$240000.00} to XXXX, which resold the home four months later for {$350000.00}, showing the foreclosure price was intentionally undervalued. 
10. Defendants failed to account for Plaintiffs {$120000.00} down payment, sending only {$39000.00} in surplus funds, revealing an inaccurate calculation of foreclosure proceeds.

11. Due diligence violationsDeed Street Capital falsely certified compliance with Californias foreclosure notification requirements. 
12. Plaintiffs suffered financial hardship, including having to leave her job due to the resulting instability.

Due to these illegal and fraudulent actions, Plaintiffs seek a full and accurate accounting of all financial transactions and an expedited trial to resolve these urgent matters. 



III. LEGAL ARGUMENTS A. Expedited Trial is Necessary Due to Plaintiffs Ongoing Financial Hardship Under CCP 36 ( a ), preference is warranted when a party is suffering severe financial distress or is at risk of homelessness. Defendants actions resulted in wrongful foreclosure, causing Plaintiffs to lose their home, and immediate court intervention is required.

B. Defendants Conduct Violated California Law 1. Unlicensed Lending & Servicing XXXX XXXX XXXX  was not licensed to engage in mortgage servicing, violating California Financial Code 50002, 50003, and Business & Professions Code 17200 ( Unfair Competition Law ). 
2. Failure to Accurately Apply Payments LoanCares mishandling of payments violated RESPA ( 12 U.S.C. 2605 ) and California Homeowner Bill of Rights ( XXXX ). 
3. Failure to Provide Full and Accurate Accounting Under CCP 454, Plaintiffs are entitled to a detailed financial accounting, which Defendants have refused to provide.

4. Fraudulent Foreclosure Defendants knowingly misrepresented Plaintiffs availability, violating California Civil Code 2923.5, which requires actual due diligence in contacting homeowners before foreclosure.

5. Failure to Apply Mortgage Relief Funds By not applying approved relief funds, Defendants engaged in bad faith mortgage servicing practices.

6. Inflated Foreclosure Sale & Misapplied Surplus Funds The home was foreclosed for {$240000.00} and resold for {$350000.00} within four months, proving it was intentionally undervalued.

IV. RELIEF REQUESTED Plaintiffs respectfully request the following : 1. Expedited trial date due to Plaintiffs ongoing financial harm.

2. A full and complete mortgage accounting, including all payments, fees, and foreclosure proceeds.

3. A declaration that XXXX XXXX XXXX unlicensed actions void its foreclosure and financial claims.

4. Restitution for misapplied funds, wrongful foreclosure proceeds, and improperly reported tax documents.

5. Compensatory damages for financial loss, emotional distress, and housing instability.

6. Any further relief the Court deems just and proper. 



V. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that this Court grant their Motion for Expedited Trial and Full Accounting.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation