Consumer complaint received 2024-11-27 00:00:00
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: FIRST CITIZENS BANCSHARES, INC.
State: NJ

Complaint narrative:
XXXX XXXX, a third-party debt collector, is attempting to foreclose on my property by sending a notice of final judgment to an address where I do not receive mail and then telling the judge that I was served correctly and failed to respond. 

I just found out that they have obtained a writ of execution using this deceptive method, and I need them to cease and desist and allow me to file a response. This is not the first time they have sent legal notices for me to the wrong addresses, and I have notified them on multiple occasions of my correct address, which they have and have used in the past. 

Besides that, this whole process is fraudulent foreclosure using fraudulent mortgage assignments of mortgage that they themselves acknowledged were insufficient and earlier sought without success a court ruling stating they were the lawful assignee of the mortgage. The mortgage owner of record already foreclosed on that mortgage, and the foreclosure was later dismissed after many years on the docket.

Prior History. 

XXXXXXXX XXXX XXXX XXXX XXXXXXXX and XXXX XXXX filed false public land records documents to aid illegal foreclosures Hello CFPB, After a diligent investigation that cost me much personal time and money, I have uncovered the scheme detailed in my attached affidavit. 
I thought you should be aware of the scheme and its implications at the state and nationwide level, especially for homeowners without the wherewithal or years of documents and records to undertake what I have done. 

I don't think I'm the only urban homeowner to have been targeted by this sophisticated scheme by these mortgage servicers to use the state courts to induce a deed in lieu of foreclosure or payments on a foreclosure that was previously dismissed by the actual lender or holder of the mortgage loan many years ago. 

I believe that XXXX and XXXX XXXX XXXX XXXX ( XXXX ) and its affiliates have engaged in fraudulent and deceptive practices related to my mortgage loan and a foreclosure action filed against me by a sham entity XXXXXXXX XXXX XXXX XXXXXXXX. ( XXXX ). 

In XXXX, XXXX, acting as a servicer for XXXX, created and recorded on public records a false and self-serving " Lost Assignment Affidavit '' and an assignment of my mortgage from XXXX XXXX  XXXX XXXX XXXX XXXX XXXX. These documents contain numerous inconsistencies, misrepresentations, and false statements. 

The Lost Assignment Affidavit falsely claims that my mortgage was assigned from OneWest Bank, XXXX to XXXX, but provides no evidence of this alleged assignment. Furthermore, XXXX 's own records contradict this claim and show that XXXX was merely a servicer for OneWest, not an owner of the loan. 

Moreover, the assignment from XXXX to XXXX is dated after a XXXX foreclosure judgment against me, which extinguished the original mortgage and note. Thus, the purported assignment is a legal nullity, as there was no longer any valid mortgage or note to assign. 

Despite these defects, XXXX and XXXX relied on these fraudulent documents to attempt to foreclose on my property in XXXX  and again in XXXX. They have also made false representations to the court regarding the ownership and status of my loan. 

In addition, XXXX and its successor, XXXX XXXX XXXX XXXX, have repeatedly violated debt collection laws and my privacy rights by sending correspondence to unauthorized parties and disclosing my personal information. 

I believe that XXXX anf XXXX XXXX XXXX 's actions constitute deceptive and fraudulent business practices, false representations, filing of false documents on public records and improper debt collection activities. I request that the CFPB investigate these practices and take appropriate action to protect myself and other consumers from further harm.

Company response to consumer: Closed with explanation