Consumer complaint received 2024-09-05 00:00:00
Product: Debt or credit management — Mortgage modification or foreclosure avoidance
Issue: Confusing or missing disclosures — 
Company: Aldridge Pite, LLP
State: CA

Complaint narrative:
XXXX XXXX XXXX  XX/XX/XXXX. XXXXXXXX XXXX did not file a claim of interest or form XXXX before or after the meeting with the creditors. In the federal laws it states that the interested parties in the secured lien must file a claim of interest before the creditors meeting or up to a certain amount of time after the discharge. XXXXXXXX XXXX did not either. I checked my credit report shortly after the discharge and my mortgage loan balance reported at XXXX balance. XXXX XXXX  is reporting the mortgage account in question as XXXX balance paid in full to all three reporting agencies. I called and spoke to a customer representative, and they said that I still owe and yes, I still have to pay. 

In XX/XX/XXXX, XXXXXXXX XXXX sent me a letter stating I was in default with XXXX XXXX. I did not know that XXXX XXXX owned the discharged note. In XXXX XXXX 's financials, it states that when a property is discharged in a bankruptcy, their procedure for a discharged debt is write it off. I sent a letter of dispute requesting documents of the record of account, copy of the file, internal accounting record of the alleged account. I was sent every single monthly statement instead of the internal accounting of record. 

XX/XX/XXXX, some person named XXXX XXXX with XXXX XXXX XXXX  XXXX ( unaware of whom this person is ) fraudulently stated he was VP of MERS and filed a corporate assignment on my property at the local assessor 's office. The filing changed the beneficiary on the note that had been discharged. I sent a formal complaint to the XXXX XXXX XXXX XXXX about the issue and the letter received did nothing. 

I sent a qualified written request again to rocket mortgage and they said they already provided me with the documents, and they were not going to furnish anymore. attachment I received a letter from Aldridge Pite attempting to collect the debt that had been discharged. I requested the information from them, and they only responded with a copy of the note that was stamped without recourse ( without recourse was not on the note at signing in XXXX. ) They responded on attorney letterhead. 

I then received a letter in the mail from clear recon corp. who fraudulently filed a substitution of trustee without the original trustee 's signature. And a notice of default onto property records. I sent them a letter asking them who they are to XXXX XXXX, what gives them the authority to foreclose, and do they have interest in the property or are they purporting a fraud upon me and breaking several laws. They did not respond. I sent more letters to Aldridge Pite and XXXX XXXX  as well. No response. XX/XX/XXXX clear recon corp filed a notice of sale for XX/XX/XXXX. I sent them a letter demanding the sale be stopped and they were committing a fraud otherwise I will file a tort claim of fraud and much more. They postponed XXXX more times now and the next date is the beginning of XXXX. 

I sent XXXX XXXX  a qwr at the beginning of XXXX and have received nothing back. I feel like I am being forced into another loan I do not want, nor do I want owe anymore debt. Any further loans and transactions with them I feel I am being forced and would be under duress. 

I do not even know who owns the note, the chain of title and/or the holder in due course for me to contact them and nobody will tell me. I have asked repeatedly and am not being helped. 

My credit reports for all three agencies report a XXXX balance. Yet my house is being foreclosed on for a debt that has been discharged. 

XXXX XXXX  did not follow the federal law and file a claim of interest in the property during the bankruptcy. They did not contact me to make a reaffirmation agreement for the debt and it was discharged. They did not file in the allotted time after the discharge for a claim of interest. 

I have requested a full reconveyance according to California state law to the original Trustee and now the substitution of trustee and they have not replied nor responded. 

Can I be harassed for payment of a debt that was discharged? 

In the note for the original debt, it states that the lender has a right to charge me for them to maintain interest in the property in cases of bankruptcy etc. XXXX XXXX  did not even file a claim of interest in the property before or after the discharge. They abandoned the property and did not attempt to start the process of foreclosure until I requested a full reconveyance. The value of my property is nothing of value to them, they have not suffered from my discharged debt. The property is only valuable to me and my family. 

Aldridge Pite is a debt collector and Clear Recon Corp is the foreclosure trustee. Those XXXX companies are owned and operated by the same attorneys. XXXX XXXX and XXXX XXXX are both active attorneys for Aldridge Pite LLP and XXXX XXXX signed the articles of incorporation for clear recon corp. And XXXX XXXX XXXX the registered agent for clear recon corp XXXX Both Aldridge Pite and Clear Recon Corp have the same California addresses in XXXX XXXX. Aldridge Pite is not a registered business in California but is abler to collect a debt. Clear Recon Corp is a registered business in California but is not a registered debt collector in California.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation