Consumer complaint received 2025-11-29 00:00:00
Product: Mortgage — USDA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Village Capital & Investment LLC
State: NC

Complaint narrative:
Respondent : Village Capital & Investment LLC Loan Number : XXXX Date : XX/XX/XXXX Formal Rejection of Company Response I unequivocally reject the response provided by Village Capital & Investment LLC on XX/XX/XXXX. The companys response is factually false, legally insufficient, and attempts to use their own administrative failures to justify an illegal foreclosure. 
The evidence attached to this rebuttal proves that Village Capital engaged in Dual Tracking ( a violation of Regulation X ), Deceptive Practices ( lying about inability to contact ), and Privacy Violations ( endangering a XXXX XXXX survivor ). 
1. PROOF OF ILLEGAL DUAL TRACKING ( Violation of 12 C.F.R. 1024.41 ) Village Capital states in their response : " A Notice of Incomplete Application was sent to you on XX/XX/XXXX ... requesting additional documentation ... which was not provided. '' They then admit : " The foreclosure process was completed on XX/XX/XXXX. '' The Company has confessed to a statutory violation in their own letter. 
Fact : The " Notice of Incomplete Application '' dated XX/XX/XXXX, explicitly provided a deadline of XX/XX/XXXX, for me to submit documents. 
Violation : By completing the foreclosure sale on XX/XX/XXXX, Village Capital robbed me of the remaining 10 days of my federally protected loss mitigation window.

Law : Under RESPA ( Regulation X ), a servicer can not move for foreclosure judgment or order of sale if the borrower is within a reasonable time to complete an application. Foreclosing 10 days before the deadline constitutes illegal Dual Tracking. The sale is void ab initio.

2. FALSE CLAIM OF " INABILITY TO CONTACT '' The company claims : " We have been unsuccessful in reaching you. '' This is a demonstrable lie.

Evidence : I have provided email logs showing active, two-way communication with their authorized third-party agent, " XXXX XXXX XXXX '' ( specifically agent XXXX XXXX ), on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 
Agency Liability : Notice to their agent is notice to Village Capital. I provided my updated contact information and employment details to their agent. Village Capital can not claim " no contact '' simply because their internal departments fail to speak to one another. Using a false " Inability to Contact '' code to justify a foreclosure denial is a Deceptive Act under UDAAP.

3. WILLFUL VIOLATION OF SAFETY PROTECTIONS ( VAWA/UDAAP ) The company defends its continued inclusion of my abuser, XXXX XXXX , on correspondence by stating : " Both borrowers remained legally obligated ... notices sent must include all borrowers. '' This is a distortion of the law and a safety violation.

Fact : Village Capital acknowledges receiving my Domestic Violence Protective Order and Quit Claim Deed in XX/XX/XXXX and again in XX/XX/XXXX. 
Violation : While financial obligation may remain shared until refinanced, there is no legal requirement to address sensitive correspondence to the abuser at the victims physical address, nor to expose the victims financial distress to the restrained party.

Harm : By emailing a detailed response regarding my foreclosure to the abuser ( XXXX XXXX XXXX XXXX XXXX ) on XX/XX/XXXX, Village Capital violated the privacy protections inherent in the XXXX XXXX XXXX XXXX ( XXXX ) and endangered my safety. They are prioritizing lazy automated mailing protocols over a court-ordered protective mandate.

4. THE CLAIM THAT THE SALE " CAN NOT BE REVERSED '' IS FALSE Village Capital states : " Because the foreclosure sale is final, we are not able to reverse the sale. '' This is legally incorrect.

A foreclosure sale conducted in violation of federal prohibition ( specifically the Dual Tracking breach detailed in Point 1 ) is illegal. Illegal sales are rescinded by servicers regularly.

Village Capital has the power and the obligation to rescind the sale because they conducted it prematurely10 days prior to the document submission deadline they issued to me in writing.

Company response to consumer: Closed with explanation