Consumer complaint received 2025-10-12 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: LoanCare, LLC
State: FL

Complaint narrative:
Summary of Complaint LoanCare , LLC continues to contact me and send written collection letters attempting to collect a mortgage debt, despite multiple cease-and-desist notices and formal complaints already filed with the CFPB and FTC. 

On XX/XX/XXXX, LoanCare sent me a Save Your Home : Tips to Avoid Foreclosure letter demanding payment for alleged delinquent mortgage payments totaling {$440.00} and threatening foreclosure by XX/XX/XXXX if payment was not made. 

This communication was sent after LoanCare had received written notice to cease communication under the Fair Debt Collection Practices Act ( FDCPA ) and during a period when they failed to verify any ownership or servicing rights to the loan. 

Additionally, the letter was sent despite XXXX previous statement in a prior CFPB complaint that there was pending litigation, of which I have never been notified or served. This misrepresentation and continued collection activity without validation constitute serious violations of federal and state consumer protection laws. 

Relevant Facts and Documentation LoanCare began attempting to collect this alleged debt in XX/XX/XXXX. 

No documentation proving lawful transfer or assignment of the loan has ever been provided. 

A MERS assignment was only recorded in XX/XX/XXXX, transferring the mortgage from XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX, showing a {$0.00} consideration, raising concerns about the legitimacy of the assignment and timing. 

LoanCare , LLC has refused to provide validation or proof of authority to collect on this loan. 

Despite this, they continue to send collection notices, including the most recent dated XX/XX/XXXX, threatening foreclosure and referencing delinquent payments. 

Violations Cited XXXX. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692 et seq.

1692c ( c ) : LoanCare continued to contact me in connection with collection efforts after receiving my written cease-and-desist notice.

1692d : Engaging in conduct that harasses or oppresses a consumer by ignoring a lawful request to cease communication.

1692e ( 2 ) ( A ) : False or misleading representation regarding the character, amount, or legal status of the debt.

1692e ( 10 ) : Use of deceptive means to collect a debt by implying imminent foreclosure without valid ownership rights.

1692f ( 1 ) : XXXX of an amount not expressly authorized by the agreement or permitted by law. 

Real Estate Settlement Procedures Act ( RESPA ) 12 U.S.C. 2605 2605 ( b ) ( 1 ) : Failure to provide proper notice of servicing transfer.

2605 ( e ) : Failure to respond to a Qualified Written Request ( QWR ) or debt validation request.

2605 ( k ) ( 1 ) ( C ) : Engaging in servicing practices inconsistent with consumer protection laws.

Truth in Lending Act ( TILA ) 15 U.S.C. 1641 ( g ) Failure to notify the borrower within 30 days of any transfer or assignment of the mortgage loan to a new creditor, servicer, or investor. The recent XX/XX/XXXX XXXX assignment suggests this requirement was not met. 

Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( a ) If LoanCare is reporting this alleged delinquency to credit bureaus without verified ownership, they XXXX be furnishing inaccurate or unverifiable information, violating FCRAs accuracy provisions. 

Florida Consumer Collection Practices Act ( FCCPA ) Fla. Stat. 559.55 et seq.

559.72 ( 7 ) : Willful communication with the debtor with such frequency as to harass or abuse.

559.72 ( 9 ) : Attempting to enforce a debt not legitimate or which can not be verified.

559.72 ( 18 ) : Direct communication after a written demand to cease.

559.72 ( 14 ) : Simulating judicial process by implying foreclosure action or legal process where none exists. 

Pattern of XXXX XXXX continued communicationssuch as the XX/XX/XXXX lettershow a pattern of : Misrepresenting loan ownership and foreclosure rights. 

Ignoring CFPB and FTC cease requests. 

Continuing to send harassing notices that threaten property loss without due process. 

Reporting false litigation status to avoid investigation or disclosure. 

These practices demonstrate systemic violations of federal mortgage servicing laws, consumer collection statutes, and possible fraudulent misrepresentation of ownership rights in recorded instruments.

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