Consumer complaint received 2025-05-25 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Aldridge Pite, LLP
State: NV

Complaint narrative:
CLASS ACTION COMPLAINT INTRODUCTION Plaintiffs XXXX XXXX and XXXX XXXX XXXX XXXX and XXXX XXXX individually ( collectively Plaintiffs ) and on behalf of all others similarly situated, bring this class action against Defendant XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX alleging ( XXXX ) breach of contract ; ( XXXX ) breach of the covenant of good faith and fair dealing ; ( XXXX ) violations of Nevada XXXX. XXXX  XXXX Deceptive XXXX Practices XXXX. XXXX XXXX  Private Corporations, XXXX XXXX XXXX Unfair Trade Practices in XXXX  and other listed states, corruption of General Business Law XXXX ; ( XXXX ) violations of the XXXX Consumer Fraud and Deceptive Business Practices Act, XXXX XXXX XXXX. XXXX. XXXX. XXXX et seq. ; and ( XXXX ) unjust enrichment. As outlined in Paragraphs XXXX, there is diversity jurisdiction over Plaintiffs claims according to the Class Action ADJUNCTIONS jointly referred to as Plaintiffs ) bring this Class action complaint on behalf of themselves, individually, and all others similarly situated, by and through their attorneys, against Defendants XXXX XXXX XXXXXXXX XXXX XXXX ) and D/B/A Onity, Quality Loans, XXXX, ( or jointly referred XXXX as Defendants ) and alleges upon information and beliefrness Act, XXXX XXXX. XXXX ( d ). 
NATURE OF THE ACTION XXXX. XXXX is XXXX of the countrys largest XXXX XXXX XXXX and has, for years, raked in millions of dollars in profit by unfairly and illegally up-charging borrowers for routine mortgage servicing activities. " XXXX XXXX  XXXX benefits financially from continued fraudulent activities, increasing its profits by persuading borrowers to threaten foreclosure and auction during a property sale contract and a pending mortgage modification review. This compels borrowers to enter XXXX XXXX XXXX. Even during mitigation procedures, XXXX XXXX  XXXX persists in sending harassing mail and posting additional auction notices on the property 's front door. '' Case XXXX Document XXXX Filed XX/XX/XXXX Page XXXX of XXXX PageID : Plaintiffs make these allegations on information and belief, except for those allegations that pertain to Plaintiffs, or to Plaintiffs counsel, which Plaintiffs XXXX on personal knowledge. XXXX.. Plaintiffs make these allegations on information and belief, except those allegations that XXXX. Plaintiffs make these allegations on information and belief, with the exception of those allegations that pertain to Plaintiffs, or to XXXX counsel, which Plaintiffs allege on personal knowledge. XXXX. XXXX, While many violations are described below with specificity, this Complaint alleges violations of each statute cited in its entirety. XXXX. Unless otherwise indicated, the use of Defendants names in this Complaint includes all agents, employees, officers, members, directors, heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers of the Defendants. XXXX. XXXX found that significant reforms in the real estate settlement process are needed to ensure that consumers throughout the XXXX are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country. 12 U.S.C. 2601. XXXX. To address this finding, XXXX passed the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et. seq., ( RESPA ) in 1974. XXXX. The Consumer Financial Protection Bureau ( CFPB ) is the primary regulatory agency authorized by XXXX to supervise and enforce compliance of RESPA. XXXX. The CFPB periodically issues and amends mortgage servicing rules under Regulation X, 12 C.F.R. 1024, RESPAs implementing regulation. 12 U.S.C. 2617. XXXX. Under RESPA and XXXX XXXX, loan servicers, including Defendants, must provide borrowers with specific account information available to them in the regular course of business upon receiving XXXX. A servicer must respond within 30 days to a QWR for information or an XXXX in XXXX of XXXX ways : ( XXXX ) provide the requested information, or ( XXXX ) conduct a reasonable search for the requested information and provide the borrower with written notification explaining the basis for the servicers determination that the requested information is not available. 12 C.F.R. 1024.35 ( d ) ( XXXX ) ( i ) ( ii ). XXXX. In its official commentary to XXXX XXXX, the CFPB outlines what constitutes not available. Information is not available if : [ ( XXXX. ) ] The information is not in the servicer 's control or possession, or [ ( XXXX. ) ] The information can not be retrieved in the ordinary course of business through reasonable efforts. XXXX XXXX. XXXX, XXXX. I, XXXX ( d ) ( XXXX ) ( ii ). XXXX. As an example of available information, the CFPB provides the following in its official commentary to Regulation X : XXXX. The borrower has requested a copy of the telephone communications with the servicer. The servicer 's personnel have access to these communications in the ordinary course of business. Audit recordings, files with organized recordings, or transcripts of borrower telephone communications are maintained and can be provided to the borrower through reasonable efforts. The information requested by the borrower shall not be restricted and is available by XXXX CFR XXXX Supp. XXXX. I. XXXX ( d ) ( XXXX ). ( ii } Hired counsel has requested documents and telephone conversations, and the request was refused. ( Emails from XXXX illustrate denial and copies were not available. XXXX. Defendants have neglected to fulfil their duty to provide information available to it in the regular course of business to Plaintiffs upon receipt of Plaintiffs QWR and RFI. XXXX XXXX XXXX XXXX XXXX XXXX Filed XX/XX/XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. As alleged in greater detail below, Defendants have proved a pattern or practice of failing to adequately respond to borrowers requests for account information, which makes Defendants liable for statutory damages in an amount up to {$2000.00} for each failure to adequately respond. XXXX XXXX XXXX ( f ). XXXX. Notwithstanding this glaring failure to abide by its statutory duty, and despite Plaintiffs informing Defendants of its failure, Defendants continue to incorrectly state that [ a ] communications with the vendors, collection notes, recorded calls, and notes, transcripts of phone call [ sic ] are for internal purposes only. Jurisdiction and Venue XXXX. XXXX. XXXX. XXXX. XXXX. This court has subject matter jurisdiction over this action under XXXX XXXX XXXX because the action arises out of violations of RESPA, a federal law. XXXX. This XXXX has personal jurisdiction over Defendants because Defendants conduct business in XXXX  and maintain significant contacts within the state. XXXX. Venue is appropriate in the United States XXXX XXXX for the District of XXXX  according to XXXX XXXX XXXX for the following reasons : ( i ) Plaintiffs reside in XXXX XXXX, XXXX  which is within this judicial district ; ( ii ) the conduct complained of herein occurred within this judicial district ; and ( iii ) Defendants conducted business within this judicial district at all relevant times. Parties XXXX. Parties Plaintiffs are residents and citizens of XXXX XXXX, in the XXXX of XXXX. XXXX. On information and belief, XXXX principal place of business and headquarters and XXXX XXXX XXXX. On information and belief, XXXX principal place of business and headquarters is in XXXX XXXX XXXX, Florida. Factual Allegations paragraphs of this Complaint as if fully stated herein. XXXX. On XX/XX/XXXX, Plaintiffs mailed a Qualified Written Request to Notice of Error and Request to XXXX Mortgage XXXX. In this letter, in paragraphs XXXX and XXXX, XXXX asked for several documents including [ a ] copy of any recordings [ and a ] copy of any and all transcripts of conversations with [ Plaintiffs ] or any other person concerning [ Plaintiffs ] account. Information pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( XXXX ), and Regulation X, XXXX C.F.R. XXXX, XXXX. XXXX. On or about XX/XX/XXXX, XXXX counsel received a partial response to Plaintiffs XX/XX/XXXX Qualified Written Request from Defendant XXXX. In this response, XXXX. Defendant XXXX failed to provide any of the requested recordings. XXXX. On XX/XX/XXXX, Plaintiffs, through XXXX counsel, sent a second Qualified Written Request to XXXX, again specifically requesting the recordings and transcripts of conversations. XXXX. On XX/XX/XXXX, Defendants mailed Plaintiffs counsel a letter that said : Thank you for the recent communication regarding the account referenced above in which you requested that we respond to the queries outlined in the correspondence. All communications with the vendors, collection notes, recorded calls, notes, transcripts of phone calls are for internal purposes only. Therefore, we are unable to provide you with any details related to the recorded calls, texts, notes or transcripts as requestedWe trust that the information provided has fully addressed the concern. XXXX. Plaintiffs are informed and believe and hereupon allege that Defendants have refused to produce recordings for possibly hundreds if not thousands of consumers that have requested them. XXXX. Plaintiffs are informed and believe and hereupon allege that Defendants can easily produce the requested recordings through reasonable business efforts. XXXX. Plaintiffs are informed and believe and hereupon allege that Defendants have no proper basis to conclude that telephone recordings and transcripts are for internal purposes only. XXXX. Defendants ' blanket refusal to Plaintiffs appears to be a uniform template response sent to many consumers, which shows a pattern and practice of non-compliance with RESPA. XXXX. Furthermore, at least XXXX requests were made by Plaintiffs for the recordings in question and Defendants failed to produce the recordings in response to each request, which further illustrates its pattern and practice of non-compliance. Choice of XXXX XXXX. The XXXX of XXXX  has sufficient interest in the conduct at issues in this complaint, such that Massachusetts law may be uniformly applied to the claims of the purpose of a XXXX XXXX XXXX XXXX. Defendants do substantial business in Massachusetts, and a significant portion of the proposed Class are located in XXXX. Moreover, Defendants avail themselves to these XXXX  citizens by soliciting directly to them. XXXX. The XXXX of XXXX  also has the greatest interest in applying its law to XXXX members claims. XXXX  governmental interest includes protecting resident consumers against unfair or deceptive acts or practices. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX, XXXX ( XXXX. XXXX ). XXXX. If other states laws were applied to XXXX members claims, Massachusetts interest in discouraging resident corporations from engaging in the sort of unfair and deceptive practices alleged in this complaint would be significantly impaired. XXXX. XXXX  could not effectively regulate companies like Defendants, which does business throughout the United States, if it can only ensure remuneration for consumers from XXXX of the XXXX states affected by conduct that runs afoul of its laws. XXXX XXXX Allegations XXXX. Plaintiffs bring this action on behalf of themselves and on behalf of all others similarly situated ( the XXXX ), pursuant to XXXX XXXX XXXX XXXX XXXX ( b ) ( XXXX ), ( b ) ( XXXX ) and/or ( b ) ( XXXX ). XXXX. The putative Class that Plaintiffs seek to represent is composed of : All persons within the United States who have or have had a mortgage loan with Defendants and who within XXXX years from the filing of this Complaint have requested copies of audio recordings or transcripts of phone calls between themselves and Defendants pursuant to XXXX XXXX. XXXX ( XXXX ) ( XXXX ) ( A ) and XXXX. XXXX. XXXX and who have subsequently been denied access to those audio recordings by Defendants. XXXX. Excluded from the XXXX are any Defendants officers, directors, employees, affiliates, legal representatives, attorneys, heirs, and assigns, and any entity in which Defendants have a controlling interest. Judicial officers presiding over this case, its staff, and immediate family members, are also excluded from the XXXX. XXXX. Plaintiffs do not know the number of members in the Class but believes the XXXX members number in the several thousands, if not more. Such information can be ascertained through XXXX from records maintained by Defendants. Thus, this matter should be certified as a XXXX action to assist in the expeditious litigation of this matter. XXXX. There is a well-defined community of interest among the members of the Class because common questions of law and fact predominate, Plaintiffs claims are typical of the members of the XXXX, and Plaintiffs can fairly and adequately represent the interests of the XXXX. XXXX. Common questions of law and fact exist as to all members of the XXXX, and predominate over any questions affecting solely individual members of the XXXX. Among the questions of law and fact common to the XXXX are : a. Whether Defendants failed to provide audio recordings of telephone calls between Defendants and Class members as required under RESPA ; b. Whether Defendants failed to conduct a reasonable investigation as required pursuant to XXXX C.F.R. XXXX ( d ) ( XXXX ) ( i ) ( XXXX ) ; ase XXXX Document XXXX Filed XX/XX/XXXX Page XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Whether Plaintiffs and the Class are entitled to damages under XXXX XXXX XXXX ( f ) ; XXXX Whether Defendants demonstrates a pattern or practice of failing to respond to borrowers QWRs and RFIs. ) Whether Defendants conduct violates XXXX XXXX. XXXX et. seq. ; and e. Whether Plaintiffs and the putative XXXX and XXXX members are entitled to injunctive relief as sought herein XXXX. Plaintiffs claims are typical of those of the other XXXX members because Plaintiffs, like every other XXXX member, requests audio recordings or transcripts of telephone calls between Plaintiffs and Defendants, and Defendants refused to provide them. XXXX. Plaintiffs will fairly and adequately protect the interests of the XXXX and XXXX. Moreover, Plaintiffs have no interest that is contrary to or in conflict with those of the XXXX they seek to represent during the XXXX XXXX. XXXX. In addition, Plaintiffs have retained competent counsel experienced in Class action litigation to further ensure such protection and intend to prosecute this action vigorously. XXXX. The prosecution of separate actions by individual members of the Class and would create a risk of inconsistent or varying adjudications concerning individual members of the Class, which would establish incompatible standards of conduct for the Defendants in the State of XXXX  and would lead to repetitious trials of the numerous common questions of fact and law in the State of XXXX. Plaintiffs know of no difficulty that will be encountered in the management of this litigation that would preclude its maintenance as a XXXX action. As a result, a XXXX action is superior to XXXX XXXX XXXX XXXX XXXX XXXX Filed XX/XX/XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX other available methods for the fair and efficient adjudication of this controversy. XXXX. Proper and sufficient notice of this action XXXX be provided to the XXXX members through direct mail and email. XXXX. Moreover, the XXXX members individual damages are insufficient to justify the cost of litigation, so that in the absence of Class treatment Defendants violations of law inflicting substantial damages in the aggregate would not be remedied without certification of the XXXX. XXXX. Absent certification of this action as a XXXX action, Plaintiffs and the members of the XXXX will continue to be damaged by Defendants refusal to comply with RESPA. First Cause of Action Violations Of The Real Estate Settlement Procedures Act, XXXX U.S.C XXXX et. XXXX. XXXX. Plaintiffs re-allege and incorporate by reference all of the above paragraphs of this Complaint as though fully stated herein. XXXX. Plaintiffs loans with Defendants were at all times relevant a federally related mortgage loan as defined by XXXX XXXX. XXXX ( XXXX ). XXXX. Defendants are, and was at all times, a loan servicer as defined by XXXX C.F.R. XXXX. XXXX. Each plaintiff and Defendant are persons as defined by XXXX XXXX. XXXX ( XXXX ). XXXX. A failure to follow regulations promulgated by the CFPB in XXXX XXXX is per XXXX a violation of RESPA. XXXX XXXX. XXXX ( k ). XXXX. Plaintiffs request for audio recordings was both a QWR pursuant to XXXX XXXX. XXXX ( XXXX ) ( XXXX ) ( A ) and an RFI pursuant XXXX C.F. XXXX XXXX XXXX XXXX Filed XX/XX/XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX recordings and transcripts of phone calls with borrowers are information available in the regular course of business to Defendants. See XXXX C.F.R. XXXX, XXXX. I, XXXX ( d ) ( XXXX ) ( ii ). XXXX. Defendants failed to provide Plaintiffs with requested information available to Defendants in the ordinary course of business. Consequently, Defendants violated XXXX XXXX. XXXX ( XXXX ), XXXX XXXX. XXXX ( k ) and XXXX C.F.R. XXXX. XXXX. Defendants further violated XXXX XXXX. XXXX ( XXXX ), XXXX XXXX. XXXX ( k ), and XXXX C.F.R. XXXX by failing to adequately investigate and respond to Plaintiffs requests. XXXX. Plaintiffs are informed and believe that at least XXXX other similarly-situated borrowers who have requested audio recordings or transcripts of telephone calls between themselves and Defendants only to be likewise denied access to that information by Defendants. XXXX. This is sufficient to demonstrate a pattern or practice under RESPA. As such, Defendants are liable for statutory damages in the amount of up to {$2000.00} per violation pursuant to 12 U.S.C 2605 ( f ) Prayer For Relief WHEREFORE, Plaintiff respectfully requests the Court grant Plaintiffs the following relief against Defendant : That the Court determine this action may be maintained as a Class Action by certifying this case as a Class Action as to the Class ; That the Court appoint Plaintiffs to serve as the Class Representatives in this matter and appoint Plaintiffs Counsel as Class Counsel ; That Defendants wrongful conduct alleged herein be adjudged and decreed to violate the statutes and laws asserted herein ; That Defendants wrongful conduct alleged herein be adjudged and decreed to violate the statutes and laws asserted herein ; and That Plaintiffs and the Class be awarded injunctive relief prohibiting such conduct in the future. Injunctive relief prohibiting such conduct in the future. Injunctive relief ordering Defendants to release audio recordings and transcripts of telephone calls to XXXX and XXXX members. Statutory damages in an amount of {$2000.00} per violation to each of the named Plaintiffs individually and to each member of the Class pursuant to XXXX XXXX XXXX ( f ) An award of actual damages according to proof per violation to each of the named XXXX individually and to each member of the Class pursuant to XXXX XXXX. XXXX ( f ). XXXX fees and costs Any and all further relief that this XXXX deems just and proper. XXXX XXXX XXXX XXXX. Pursuant to the XXXX amendment to the Constitution of the United States of America, Plaintiffs are entitled to, and demands, a trial by jury Addtional mail to XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Formal Notice Regarding Unlawful Conduct, Harassment, and Violation of Federal Regulations Dear XXXX XXXX, I am writing to formally express my grave concerns regarding XXXX XXXX XXXX surrounding the foreclosure and auction of my property located at XXXX XXXX XXXX XXXX. Based on evidence in my possession and communications exchanged, I believe XXXX XXXX has engaged in unlawful practices, including violations of the Real Estate Settlement Procedures Act ( RESPA ), unlawful harassment, trespassing, and acts that XXXX constitute violations under the XXXX XXXX and Corrupt Organizations Act ( XXXX ). 
Following the auction of my home on XX/XX/XXXX, despite pending complaints filed with the Consumer Financial Protection Bureau ( CFPB ), the Nevada Attorney Generals office, the XXXX Department of Justice, and other relevant agencies, your firm has continued to assert claims over my property under legally questionable circumstances. 
Further, your demand that I sign a document effectively waiving claims against your firm regarding the fraudulent auction raises serious concerns. The coercive nature of this request, coupled with the threat of a writ of possession and eviction proceedings, constitutes unlawful duress and appears to be an attempt to circumvent accountability. 
Additionally, XXXX XXXX actions demonstrate potential violations under federal law, including, but not limited to : RESPA Violations : Unfair mortgage servicing practices, misleading foreclosure processes, and failure to adhere to compliance guidelines. 
XXXX Violations : A pattern of fraudulent activities affecting multiple homeowners, including deceptive practices designed to dispossess individuals of their properties. 
Harassment and Trespassing : Unlawful intimidation tactics, improper eviction threats, and attempts to coerce signatures under duress. 

Given the aforementioned legal concerns, I demand that XXXX XXXX immediately cease all improper eviction efforts and provide written assurance that no further coercion or threats will be made. Furthermore, I insist on a formal response addressing the fraudulent actions taken against my property and an explanation for the auctions legality despite pending complaints. 
Failure to comply with this demand may result in further legal action, including but not limited to formal litigation under applicable federal statutes and reporting to oversight agencies for investigation. I strongly urge XXXX XXXX to reconsider its position and avoid engaging in further conduct that may expose it to severe legal consequences. 
I expect a written response to this letter within XXXX ( XXXX ) days of receipt. I reserve all rights to pursue further legal action against XXXX XXXX and its representatives. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX and XXXX XXXX. 
Furthermore, your letter contains coercive language and threats regarding an immediate writ of possession should I not comply with the stipulated agreement. This persistent pressure, despite pending legal review, imposes undue duress and further substantiates claims of harassment and procedural misconduct

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