Consumer complaint received 2025-07-14 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: MORGAN STANLEY & CO. LLC
State: NC

Complaint narrative:
I received a letter from XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX NC XXXX I'll so from the foreclosure department XXXX XXXX XXXX XXXX NC XXXX phone number XXXX. Their letter states Dear Mortgager Morgan Stanley Residential Mortgage Loan has directed us to inform you that you are in breach of the terms of your mortgage loan as set forth in your note and deed of trust the mortgage loan instruments in that you have failed to timely make payments as required by the terms of the note morgan Stanley Residential Mortgage Loan Trust XXXX XXXX XXXX XXXX has directed us to initiate foreclosure proceedings in accordance with the terms of the mortgage loan instruments and applicable law. Pursuant to the terms of the mortgage loan instruments and the laws of the State of North Carolina, you are further notified that one the mortgage loan has been declared in default for failure to pay installments as required Morgan Stanley Residential Mortgage Loan XXXXXXXX XXXX XXXX XXXX XXXX records indicate that as of the date of this letter the total amount due to bring this long current and cure the default is {$19000.00} The note holder is entitled to recover any legal fees and costs which it incurs. You may contact us at XXXX and we will advise you of the total amount of any attorney fees or costs which have been incurred you may cure the default by paying all sums necessary to bring the mortgage loan current you may contact this office at XXXX to obtain the exact amount necessary to cure the default any payments would you make must be made to my office at this address set out above and Certified Funds Cashier 's Check a money order made payable to XXXX XXXX XXXX according to and pursuant to the Mortgage loan documents in the event that the default has not been cured within 50 days of this notice Morgan Stanley Residential Mortgage Loan Trust XXXX XXXX XXXX will accelerate the maturity date of the note evidence in the mortgage in the Mortgage loan and declare all sums due there under immediately due and payable thereafter the property will be scheduled for foreclosure sale according to the terms of the data trust and Laws of the State of the State of North Carolina after acceleration you have the right to reinstate your loan as provided by the Mortgage Loan Instruments the right to assert any proceedings The non existent of a default as well as all other defenses and rights available to you by law and under the mortgage Loan instruments Morgan Stanley Residential Mortgage Loan Trust XXXXXXXX XXXX XXXX XXXX intends to exercise its rights to collect reasonable attorney fees pursuant to North Carolina law and the Mortgage Loan Instruments the unpaid principal balance of the note as of XX/XX/XXXX is XXXX XXXX XXXX XXXX cents daily XXXX together with Mortgage loan XXXX XXXX XXXX under the note within five days from the date of this date of this letter without incurring attorney fees in the event you fail to pay all sums due under the note within five days of your receipt of this letter then and in that event the provision of the note will be enforced requiring you to pay attorneys and costs incur by the note holder and as provided as provided for by XXXX XXXX you may dispute The validity of the debt or any portion thereof If you do so in writing within 15 days of receipt of this letter this firm will obtain and provide you with written verification of the debt otherwise the debt will be assumed to be valid likewise you may request the name and address of the original creditor if it is different from the creditor named above the activity contemplated in these paragraphs will not alter nor extend any time. Activity set out in any other paragraphs of this letter and it states this is a communication from a debt collector the purpose of this communication is collected debt and any information obtained will be used for that purpose my response : Dear XXXXXXXX XXXX XXXX this letter is in response to the RE Notice of Default and Acceleration of Mortgage dated XX/XX/XXXXXXXX  which you sent to XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX regarding the above reference property and loan the loan number is XXXX the property address is XXXX XXXX XXXX XXXX, XXXX, NC XXXX. I am writing to formally dispute the validity of this alleged debt pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.G. 1692g. You claim that I am in default on a mortgage held by Morgan Stanley Residential Mortgage Loan Trust XXXXXXXX XXXX XXXX and that foreclosure proceedings will be initiated unless the balance of {$19000.00} paid. Let me be unequivocally clear Number one I do not owe any debt to Morgan Stanley Residential Mortgage Loan Trust XXXX XXXX XXXX. Number two my mortgage is with XXXX XXXX XXXX XXXXXXXX and I have been making my monthly payments of {$3300.00} on time through automatic withdrawal from my business account. Number three I have never received any prior notice of assignment sale or transfer of servicing rights from XXXX  to Morgan Stanley Residential Mortgage Loan Trust XXXXXXXX XXXX  XXXX as is required by the Real Estate Settlement Procedures Act and Truth in Lending Act. This appears to be a fraudulent or erroneous claim and I demand that all foreclosure actions be immediately ceased until this matter is resolved. Request the following under federal and state law full debt validation including the name and address of the original creditor a complete payment history and chain of title assignment for the mortgage loan copies of the Note Data Trust and any legal documents proven that Morgan Stanley Residential Mortgage Loan Trust XXXXXXXX XXXX XXXX is the lawful holder or servicer of the loan. Full explanation of how this loan currently held by XXXX XXXX is being simultaneously claimed by Morgan Stanley. Written confirmation that you have paused foreclosure and suspended further collection efforts until the debt has been fully validated and your client can demonstrate legal standing. If your office continues foreclosure proceedings without verifying this debt or correcting your records I will take the following actions without further notice file a formal complaint with the Consumer Financial Protection Bureau notify the North Carolina State Bar regarding potential violations of the FDCPA. Initiate a civil lawsuit against your firm and any mortgage servicers for damages arising from wrongful foreclosure emotional distress credit decrease and legal fees incurred. Please direct all future correspondence to me in writing at the address above you may also send documentation via email to expedite this process. 

I have never received any mortgage statements from Morgan Stanley Residential Mortgage Loan Trust. I have not had a mortgage with this company. When I originally purchased my home in XXXX of XXXX I made two payments to the original mortgage company. Then my mortgage was sold transferred to XXXX XXXX. My mortgage is in good standing. The only thing that I can think is the mortgage company that I closed under sold and transferred my mortgage to two Lenders. My original mortgage company at the time of closing was XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation