Consumer complaint received 2024-08-04 00:00:00
Product: Mortgage — Other type of 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: Swe Homes LP
State: TX

Complaint narrative:
Complaint to the Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX  XXXX XXXX ( " Defendant '' ), a XXXX XXXX XXXX XXXX, purports to be a lender but has been using various iterations of its name to conduct business unlawfully. 

Despite the transfer, Defendant XXXX XXXXXXXX XXXX XXXX, which is not a licensed lender, continued foreclosure proceedings against Plaintiff. 
Defendant has used multiple variations of its name, including XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXXXXXX XXXX, among others, to obfuscate its true identity and avoid regulatory scrutiny. 

Defendant lacks proper registration and licensing as required by the XXXX XXXXXXXX Organizations Code 9.251 ( 1 ) and ( 12 ) ( C ), which should disqualify it from enforcing any deed of trust lien against the property. 

Issues with XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX a XXXX XXXXXXXX XXXX XXXX use of multiple names is intended to mislead and defraud the court and the Plaintiff. This fraudulent behavior needs to be addressed. 

Texas XXXX XXXX, XXXX a XXXX XXXXXXXX XXXX XXXX, not being a licensed lender, has no legal standing to collect on any mortgage or enforce any lien, especially considering that it has never provided any loan to the complaint. 
The Complaint has suffered significant harm due to Defendant 's actions, including wrongful foreclosure attempts, financial losses, and severe emotional distress. 
IV. Legal Arguments Violations of Texas Business Organizations Code : XXXX XXXXXXXX XXXX, XXXX a XXXX XXXXXXXX XXXX XXXX has failed to properly register as required, making its actions in enforcing the deed of trust lien unlawful. See Tex. Bus. Orgs. Code 9.251 ( 1 ) and ( 12 ) ( C ).

Unconstitutional Actions : The complainant challenges the constitutionality of Defendant 's actions under Section 9.051, arguing that the statute should not protect entities engaging in fraudulent practices. 
Lack of Lender Authorization : XXXX XXXX XXXX XXXX a XXXX XXXXXXXX XXXX company is not authorized to lend money or enforce a lien as it has not proven to be a legitimate lender. Case law such as Bierwirth v. Fannie Mae, which involved registered and recognized lenders, does not apply to complainant. 
V. Request for Action Complainant respectfully requests the CFPB to : Investigate the fraudulent activities of XXXX  XXXX XXXX XXXX a XXXX XXXXXXXX XXXX XXXX and its use of multiple names. " XXXX XXXX XXXX, XXXX '' with the " O '' spelling Impose appropriate penalties and sanctions on XXXX XXXXXXXX XXXX XXXX a XXXX XXXXXXXX XXXX XXXX for violating regulatory requirements and engaging in deceptive practices. 
Provide guidance and support to the complainant in seeking restitution for financial losses and damages incurred. 

Ensure that XXXX XXXXXXXX XXXX XXXX a XXXX XXXXXXXX XXXX XXXX ceases all unlawful foreclosure proceedings against the property.

Company response to consumer: Closed with explanation