Consumer complaint received 2026-02-09 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Heavner, Beyers & Mihlar LLC
State: IL

Complaint narrative:
I will keep this short and concise. 

I apologize for not replying to the response given by the law firm XXXX, however, I have just obtained substantially detrimental and damning information which proves that this law firm is not only in contempt of federal court orders ( 11 USC 524 ( a ) ) but they are also providing material misrepresentations to the court ( 2024fc3 ) in a quasi in rem foreclosure action which they are legally concluding " Johnson v Homestate Bank '' is applicable and asserting, deceitfully that " ALL LIENS RIDE THROUGH '' discharge.

Johnson v. Homestate Bank was a federal case determining whether a bona fide, undisputed, lien rides through a XXXX  XXXX when scheduling a XXXX  XXXX, ( a XXXX  XXXX ) which is inapplicable to this instant case. Not only are these lawyers being dishonest they are actually committing fraud on the court, as the Plaintiff " their client '' filed an Illinois Mortgage Foreclosure complaint in XXXX of XXXX, in 735 ILCS 5/15-1504 ( a ) ( 3 ) ( O ) the plaintiff is required to state the " total amount of indebtedness '' obviously, the plaintiff failed to disclose that the disputed, alleged claim which never provided value or consideration, which would it would require to attach ( 810 ILCS 5/9-203 ( b ) ) they also joined the homeowner ( discharged debtors ) to the action a direct violation of the 11 USC 524 ( a ). Illinois is a " lien theory state '' whereby no right of sale exists, neither did they obtain a judgment or determination pre-petition, and the post discharge attempt to attach to after acquired property over 7 years after discharge ( which they neither objected to, sought leave from, or provided any proof of claim ).

This law firm, who also owns Central Illinois Title Company purports to having " incurred '' for their alleged client ( XXXX XXXX XXXX who tells us they neither " own '' any account/neither are " invested '' in it ) but the law firm representing this entity has sought over {$500.00} for " TITLE CHARGES '' ... which begs the question : how did the law firm completely " miss '' the XXXX RELEASE which they purport in their frivolous foreclosure complaint, which is neither verified nor supported, in paragraph XXXX & XXXX of the XX/XX/XXXX complaint that a " mortgage '' for MERS and Equity XXXX Mortgage ( an alleged " nominee and a defunct sham mortgage company who the Illinois XXXX  XXXX XXXX and Professional Regulation ( XXXX ) have not only charge but fined over {$100000.00} in their 2011-MBR-123, and the unlicensed, fraudster who perpetrated the XXXX, XXXX, XXXX, XXXX, XXXX, XXXX " equity stripping '' flips of my land and custom built home ( which we paid off with our own money all of which is duly recorded of record with actual signatures, notary seal and legally sufficient acknowledgments ) our releases were recorded of record on XX/XX/XXXX and XXXX of XXXX respectively. ( the first two were our payoffs of land acquisition the second was the satisfaction of our construction loan which we paid in full with the proceeds of the sale of our house on XXXX XXXX ) the scam XXXX who perpetuated these numerous XXXX " mortgages '' never provided any value or consideration to me or my husband and even though the law firms response claimed " XXXX XXXX XXXX the borrower and XXXX XXXX also signed '' they absolutely know this to be false, as my XXXX  did obtain a home equity line of credit from associated bank XXXX XXXX, i never signed it, or anything, neither did i apply for any loan or line of credit, neither did i waive my right to homestead or XXXX an encumbrance on my estate. The law firm, in their response claims that " XXXX signed presumably to waive XXXX ''.... which is yet another material representation, because as anyone can see within the XXXX corners of the alleged instrument ( which my husband and i both maintain is a complete sham ) the alleged instrument defines the " Borrower '' as " XXXX XXXX and defines the " mortgagor as Borrower '' who is expressly defined as " XXXX XXXX no where within the sham document neither anywhere on the purported signature page does it define " XXXX XXXX as a " BORROWER '' which every single clause pertains to, exclusively, in Fannie Mae XXXX XXXX. The note was not signed by her, in fact ( neither is it self authenticating, or legally admissible in the foreclosure action ) CitiMortgage v. Parille proves that I, XXXX never expressly nor implicitly waived my homestead exemption, estate, never encumbered my martial entirety interest in property, and the federal court allowed our exemptions and abandoned our property, land, estate and homestead to us in XXXX. 

The bogus XXXX Equity XXXX Mortgage " mortgage '' which we dispute as a fraud, and never legal as it never provided value or consideration in order to substantiate the alleged " mortgage '' ( the originator had no NMLS #, no one was a licensed broker, which is all part of the XXXX complaint and fines assessed against Equity XXXX Mortgage, further XXXX XXXX, the former " title company guy '' who claimed to set up my husbands escrow account...... had his Illinois XXXX XXXX XXXX XXXX all of them, he moved out of state and upon information and belief, and his linkedin profile is unemployed ( after having graduated from the " school of hard knocks ''? say it ain't so??? 

This fraud and sham mortgage not only continued but it picked up speed, obviously, which is why, after buying and paying {$42000.00} for XXXX XXXX and {$42000.00} for XXXX XXXX in XXXX my husband and i who personally bought all our building materials and supplies, equipment, developed the raw land, installed our private utilities, even installed our own XXXX XXXX, paid off our modest construction loan in XXXX we can be sued by a lawfirm misrepresenting who they even represent, for foreclosure when no one provided us a single XXXX, not in XXXX and not in XXXX. This unscrupulous law firm decided to employ a convicted violent felon criminal to " serve process '' in XX/XX/XXXX. This man came to my home, startled me, trespassed on our posted private property, yelled at me, intimidated me and my children, told me he " didn't have to leave '' and he " had a court order to be there '' ( which my daughter ran up to record with her phone-thankfully we have the incident caught on video ). This hardened thug, who spent time in prison in Colorado for XXXX  XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. This man was actually SHOT by Colorado police, who were thankfully cleared of any wrongdoing. However thug, XXXX XXXX XXXX, the same one from the XXXX Colorado shoot out with police was the man they chose to repeatedly come to my home to threaten me and my family, in order to scare and intimidate me. It gets worse. Not only did XXXX scare the heck out of my children and dogs, he refused to leave and began saying " do it... who are you going to call.... do it, call them! '' which ironically I did not have to, because he called XXXX and lied to the operator telling them i was " obstructing service '' and he asked for dispatch to send XXXX XXXX to my private rural home, to further his intimidation and harassment. XXXX deputy units came to my home and asked if I would accept service of process on my husband 's behalf, which I declined, he was not there, and I do not have to. The XXXX, XXXX XXXX, was super respectful and was just responding to XXXX 's inappropriate call. Since that was the third agent of this law firm who had trespassed on my property, who attempted to intimidate and threaten me and my children, XXXX being an XXXX american male ( with a XXXX tattooed on his arm in large block letters ) came to my home and attempted to enter my home, which was blocked by me before he actually got in. He never identified himself until after i told him to get out... he said he " just wanted to take some pictures '' he was " with the bank '', i have photos of the vehicles. That happened in XXXX of XXXX and XXXX of XXXX. These thug felons are being employed by this law firm to misuse the legal system and collect alleged debts which no one can validate or verify. I have sought all the criminal records of XXXX who the law firm employed on no less than XXXX ( at least ) occasions in their foreclosure action. I believe it was to run up the cost of litigation, and for extortive, intimidation and improper purposes. The encounter and harassment wasn't the end of it as XXXX filed numerous " Affidavits of non-service '' in the action, which is funny since the law firm LOVES to highlight the pejurious affidavit left by XXXX, obviously maliciously and with the intent to falsely characterize myself, and discredit me, alleging I " lied to police '' and " was belligerent '' he did fail however to explain in his materially false and prejudicial affidavit how he alleged to " serve me '' since he had a summons for both me and my husband on that day. No one mentioned a summons for me, he never told me ( I wasn't belligerent as my video will vindicate ), he specifically told the XXXX operator " I was there to see XXXX, i am not there for her ( being me, the " belligerent hostile unidentified woman ) further the XXXX XXXX 's incident report will support that he never mentioned that he had service for me. However, he did allegedly return and claim no one was home, but he did so on a day which the summons was legally invalid ( after the XXXX days have lapsed ) which is why he purported to only be " property inspection '' instead of service attempt... he lies. It is a felony to lie, under oath, in an Illinois state court, and his criminal background and history of XXXX XXXX, propensity to defy authority and participate in criminal rackets is evident. The man was arrested in XXXX Illinois in XXXX on a NO BOND warrant, which caused him to be jailed and extradited to Colorado ( XXXX XXXX XXXX ) to face further charges. The XXXX shooting occurred in XXXX and extradition was in XXXX, it appears as if he has several other restraining orders filed against him in XXXX XXXX Illinois. The law firm repeatedly used this man, they seem all too happy to utilize this man 's slanderous, maliciously false and intentionally defamatory " affidavits '' ( which never even provided service-so why even use them??? ) so the law firm can continue their dishonest campaign of defamation, extortion, fraud on the court, unlawful debt collection and criminal racketeering. This scheme crosses state lines, utilized the United States Postal Service, and is knowingly being carried out by several entities such as XXXX XXXX in XXXX, XXXX, XXXX and XXXX XXXX firm, XXXX XXXX XXXX, PC and XXXX XXXX and XXXX XXXX. 

The law firm committed a material misrepresentation, a violation of Illinois Supreme Court Rule No. 137 when the signed the unverified complaint claiming in there was an " indebtedness '' ( knowing that to be false ) and purported that the sham mortgage company 's XXXX " mortgage '' was " fully satisfied and not released '' which they knew to be factually false and deceptive the second they misrepresented this in the foreclosure complaint. I will attach the RELEASE which they omitted in their frivolous, vexatious complaint for foreclosure. The reason they failed to identify this RELEASE is because it will prove a fatal break in chain of title, as the releasing party was a stranger to title, a completely unrelated " XXXX XXXX  XXXX XXXX '' ( known robosigner ) who signed on behalf of XXXX XXXX XXXX. This is clear fraud and they have known this defect all along. They have caused me and my family to suffer extreme emotional and physical stress and anxiety, we are no longer secure at home, and have lost our sense of peace and joy. My husband has been forced to build a physical locking gate at the end of our private drive all posted PRIVATE NO TRESPASS, my children are terrified, and i have had intense migraines and panic attacks ever since the end of XXXX. The law firm had the XXXX XXXX department attempt to serve my XXXX  over XXXX times during the month of XX/XX/XXXX, which was traumatizing, as I had previously told them my husband was out of the country ( which he did rush home the first of XXXX to deal with this ) I was too scared to answer the door because i had no idea that they had a summons for me as well as my husband. That was absolutely unexpected, and upsetting because had i known that i would have answered my door and accepted service the very first time they came to my door. Now come to find out the harassment, stalking, intimidation, loss of peace and intrusion upon seclusion, false accusations, defamation per se, and unlawful enrichment of over {$120000.00} of our money, which they never were owed, not to mention the money collected by their predecessor co-conspirators ( which all appear to be linked to XXXX XXXX and the now defunct sham mortgage company XXXX XXXX XXXX  ). I have evidence of our land acquisition, receipts and evidence of our development, construction, improvements, I have records of money we paid over the years, foolishly believing that these people " wouldn't lie about our escrow account '' little did we know, as the whole would would soon learn that the predatory lending, the securitization schemes, the utter glut and free for all of the entire industry, from title companies, to law firms, to brokers to servicers, to alleged " lenders '' to these sham records creators such as DocX, LPS, and NTC all of whom at some point fraudulently " released '' one of the sham records in my land title, all of which are clearly robosigned and fraud. I and my husband are willing to testify against these fraudsters, but this law firm to use these extreme tactics to illegally collect an invalid, unfunded, bogus discharged claim, which never became a lien, in law or in fact. The legal sophistry and propensity to outright lie to homeowners and the court is shocking. If we were not born again Christians who paid off our home in XXXX and XXXX, we would have been run out of our home that we custom built and have possessed form more than two and a half decades. If the CFPB doesn't act on these valid and clear violations and illegal torts and fraud ( yes they have violated 15 USC 1692 specifically 808, 809, 810, 811, 812, 813, 814, as well as the Illinois State statute against unfair business practices and 15 USC 1615 for unearned interest going back since XXXX, and federal contempt violations 11 USC 524 ( a ) and we will seek intentional infliction of emotional distress, negligent infliction of emotional distress and vicarious liability, slander of title, and abuse of process against them. We have filed a Quiet title action and have an interlocutory appeal, we will be also seeking rule 137 sanctions from the state court upon presenting their agent 's criminal rap sheet, his 911 call transcript, the sheriff 's incident report and my daughter 's video of the incident. I tried to report him to police but at the time they did not believe me, and would not take the report, once i have his criminal record from Colorado, along with the video and physical evidence I am confident they will take a report then. The RELEASE that this law firm omitted from the court pleadings and evidence, in their intentional attempt to defraud me and my husband of our vested property rights, interests and homestead should not be taken lightly or go without proper punishment. I will be filing ARDC complaints against each one of them that have filed in my case, but obviously never " reasonably investigated '' the allegations or complaint as it was never based in law or in fact and was clearly being used to unlawfully collect a debt which was never owed, using violent criminal thugs to extort unsuspecting law abiding people, whose name has been published in full page ads in the local paper no less than 6 times, portraying me and my husband as derelicts and people who can't pay their bills, both of which are against the federal injunction. Also the record in the state court will require time, legal counsel, and aggravation to cause the court to go back and accurately correct the record. I will be compensated for all my time, stress, aggravation, and the character mischaracterizations, defamation and libel. ( XXXX last thing-they lie as XXXX hasn't been doing XXXX XXXX  XXXX books since XXXX or whatever they said, they were literally founded in Pennsylvania in XXXX ... XXXX XXXX  after the sham mortgage they are attempting to foreclose on which was XXXX ) My XXXX XXXX  HELOC which he did obtain a XXXX home equity line of credit in early XXXX has not been paid or billed since prior to our federal action and they purportedly " wrote it off '' on XX/XX/XXXX, XXXX which renders it outside the statute of limitations ( of course they attempted to collect that also in this frivolous foreclosure action ) XXXX XXXX XXXX XXXX XXXX, XXXX IL App ( XXXX ) XXXX - Ill : Appellate Court, XXXX XXXX, XXXX Div. XXXX

Company response to consumer: Closed with explanation