Consumer complaint received 2025-08-30 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:
I am filing this formal complaint against Loancare LLC for their fraudulent and illegal financial practices, which are directly related to a case of severe identity theft. I am a victim of identity theft, and as such, I do not owe any debt that Loancare LLC is attempting to collect. Loancare LLC 's actions in this matter are a continuation of the fraud and have exacerbated the harm caused by the identity theft.

Timeline of Events & Facts : No Legal Standing : I have no existing or recorded mortgage with Loancare LLC. There are no mortgage documents filed with the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Florida, that name Loancare LLC as a lienholder, servicer, or in any other capacity related to my property at XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXXXXXX. 
Fraudulent Escrow Claim : Despite having no legal standing or recorded mortgage, Loancare LLC is listed as the escrow agent on my property with the XXXX XXXX County Tax Office. This is a false and fraudulent representation. Attempt to Collect Debt :
Loancare LLC has been attempting to collect a debt for which they have no legal right. This constitutes an illegal and deceptive debt collection practice that is directly tied to the identity theft perpetrated against me.

Awareness of Identity Theft : Loancare LLC has been made aware of the identity theft reports I have filed, including reports with the Federal Trade Commission ( FTC ). Despite this notification, they have failed to cease their collection efforts or remove their fraudulent listing as an escrow agent. This failure to act, even after being notified of a clear case of identity theft, is a severe violation of their duty to exercise due diligence.

Public Records Falsification : The fraudulent listing of Loancare LLC as my escrow agent has been done without my consent and is a falsification of public records. This has resulted in my property taxes being routed to an unauthorized third party, which is a severe consumer violation and a direct result of identity theft.

Failure to Investigate : I have formally notified Loancare LLC and the XXXX XXXX XXXX Tax Office of this issue and demanded that they provide documentation showing their legal standing. They have failed to provide any such documentation and have not taken action to remove their name from my property records, continuing to operate under a fraudulent pretense.

Relevant Laws and Violations : Loancare LLC 's actions are in direct violation of several federal and state laws, including but not limited to : Fair Credit Billing Act ( FCBA ) and Electronic Fund Transfer Act ( EFTA ) : Loancare LLC has failed in its duty to investigate and resolve billing errors and unauthorized electronic fund transfers related to this fraudulent activity, as is required under these acts. Their inaction after being notified of identity theft is a clear violation of their obligations to protect consumers.

Consumer Financial Protection Act of 2010 ( CFPA ) : Loancare LLC 's actions constitute " unfair, deceptive, or abusive acts or practices '' ( UDAAPs ) in violation of 12 U.S. Code 5531. Falsely representing itself as an escrow agent with no legal basis, attempting to collect a non-existent debt, and failing to act on a reported identity theft are textbook examples of such practices.

Fair Debt Collection Practices Act ( FDCPA ) : Loancare LLC 's attempt to collect a debt it has no legal standing to collect is a violation of the FDCPA, which prohibits false representations and unfair practices in debt collection. Attempting to collect a debt from a victim of identity theft, especially after being notified, is an egregious violation.

State Law Violations : This is also a violation of Florida state law, specifically Florida Statutes, Chapter 697, which requires a mortgage or deed of trust to be properly recorded to establish a legal interest in a property. Loancare LLC 's actions circumvent this legal requirement and have been carried out to my detriment.

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