Consumer complaint received 2025-12-22 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Brock & Scott, PLLC
State: TX

Complaint narrative:
Brock & Scott PLLC is contacting me on behalf of my mortgage company XXXX XXXX XXXX XXXX XXXX and failed to provide proper notice of foreclosure on my property after my bankruptcy was dismissed and assumed the previous notice from a year ago during bankruptcy could be used which is against the law. I sent them a dispute letter and they are stating its after the time because they were trying to use the one after I was already in bankruptcy which is illegal. I sent the below XXXX letters to them. I told them to halt everything and provide me the required documentation for them to foreclose on my property. Dear Brock & Scott PLLC, I am XXXX XXXX XXXX XXXX, the homeowner of XXXX XXXX XXXX XXXX XXXX, TX XXXX, and I am formally disputing your legal right to foreclose on my property. This email serves as a demand to immediately halt the foreclosure auction scheduled for XX/XX/XXXX at XXXX XXXX. Legal Grounds for Dispute ( Texas Law ) Texas Property Code 51.002 ( b ) : Requires at least XXXX days written notice of sale and proper service of default notices. You failed to comply. Bankruptcy Dismissal : After my bankruptcy was dismissed, you must restart the foreclosure process with new notices. You can not rely on notices issued prior to or during bankruptcy to foreclose a year later. The entire notice period must begin anew. Texas Property Code 51.0001 ( 4 ) : Only the mortgagee or properly authorized servicer may foreclose. You have not provided proof of authority or a valid chain of title. Texas Business & Commerce Code 3.301 : Enforcement of a negotiable instrument requires possession of the original note. I demand the original promissory note with wet signatures. Texas Finance Code 392.304 ( a ) ( 8 ) : Prohibits misrepresentation and illegal fees. Federal Protections RESPA ( 12 U.S.C. 2605 ) : Requires servicers to respond to qualified written requests and prohibits foreclosure while loss mitigation is pending. FDCPA ( 15 U.S.C. 1692e & 1692f ) : Prohibits false or deceptive practices and unauthorized fees. TILA ( 15 U.S.C. 1638 ) : Requires accurate disclosure of loan terms. Regulation X ( 12 C.F.R. 1024 ) : Prohibits dual tracking and mandates proper notice and documentation. Demand for Documentation Provide full loan documentation, including the original promissory note with wet signatures. Provide all assignments, endorsements, and notarized documents evidencing a clear and valid chain of title. Action Required Cease and desist from proceeding with the foreclosure auction scheduled for XX/XX/XXXX. Respond to this dispute in writing and provide the requested documentation within the timeframe required by law. Failure to comply will result in further legal action, including complaints to the Texas Attorney General, Consumer Financial Protection Bureau, and filing suit for injunctive relief. XXXX XXXX XXXX XXXX XXXX : XXXX Email : XXXX Subject : Formal Dispute of Foreclosure XXXX & XXXX XXXX XXXX XXXX To : Brock & Scott PLLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX : XXXX Date : XX/XX/XXXX Re : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Foreclosure Auction Scheduled : XX/XX/XXXX at XXXX XXXX NOTICE OF DISPUTE AND DEMAND TO CEASE FORECLOSURE Dear Brock & Scott PLLC , I am formally disputing your legal right to foreclose on my property referenced above. This letter serves as a demand to immediately halt the foreclosure auction scheduled for XX/XX/XXXX. Legal Grounds for Dispute Lack of Standing and Authority Under Texas Property Code 51.0001 ( 4 ) and 51.002, only the mortgagee or properly authorized mortgage servicer may conduct a foreclosure sale. You have not provided evidence of valid authority or a complete chain of title. Failure to Provide Proper Notice Texas law requires strict compliance with notice provisions under Texas Property Code 51.002 ( b ), which mandates at least 21 days written notice of sale and proper service of default notices. Failure to comply renders the foreclosure invalid. Chain of Title Defects Assignments must be valid and properly recorded under Texas Property Code 51.0001 ( 4 ). Missing or incorrect assignments violate statutory requirements and undermine your standing. Improper Notarization and Document Execution Texas Government Code 406.016 governs notarization. Any improperly notarized or executed documents are void and can not support foreclosure. Original Note Requirement Under Texas Business & Commerce Code 3.301, enforcement of a negotiable instrument requires possession of the original note. I demand production of the original promissory note with wet signatures. Without this, foreclosure can not proceed. Deceptive Practices and Illegal Fees Charging unauthorized fees and penalties violates Texas Finance Code 392.304 ( a ) ( 8 ), which prohibits misrepresentation of the amount or status of a debt. Demand for Documentation Provide full loan documentation, including the original promissory note with wet signatures. Provide all assignments, endorsements, and notarized documents evidencing a clear and valid chain of title. Action Required Cease and desist from proceeding with the foreclosure auction scheduled for XX/XX/XXXX. Respond to this dispute in writing and provide the requested documentation within the timeframe required by law. Failure to comply will result in further legal action, including complaints to the Texas Attorney General, Consumer Financial Protection Bureau, and filing suit for injunctive relief. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX

Company response to consumer: Closed with explanation