Consumer complaint received 2025-12-10 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Payment process
Company: MORTGAGE SOLUTIONS OF COLORADO
State: CO

Complaint narrative:
CONSUMER FINANCIAL PROTECTION BUREAU FORMAL COMPLAINT Complainant Information : Name : XXXX XXXX Address : XXXX XXXX XXXX XXXX  CO [ XXXX ] Email : XXXX Phone : XXXX Company Information : Company Name : Mortgage Solutions of Colorado, LLC dba Mortgage Solutions Financial Company Address : XXXX XXXX XXXX XXXX XXXX Colorado XXXX, CO [ XXXX ] Account Number : Loan No. XXXX CFPB FORMAL COMPLAINT Filed by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX INFORMATION : Name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Address : XXXX XXXX XXXX, XXXX, CO XXXX Email XXXX XXXX Phone XXXX XXXX COMPANY INFORMATION : Company Name : MORTGAGE SOLUTIONS OF COLORADO, LLC dba MORTGAGE SOLUTIONS FINANCIAL Company XXXX : XXXX XXXX XXXX XXXX XXXX, Colorado XXXX, CO XXXX Account Number : XXXX XXXX. XXXX Property Address : XXXX XXXX XXXX, XXXX, CO XXXX SUMMARY OF THE PROBLEM On XX/XX/XXXX, I sent a Qualified Written Request ( QWR ) via registered mail ( tracking number : XXXX ) to Mortgage Solutions Financial ( MSF ), requesting : Full disclosure of note ownership Complete loan and payment accounting history Evidence of authority to service and collect Original wet-ink note and endorsements All securitization and trust conveyance data Complete chain of assignments Additionally, MSF received a full discharge package on XX/XX/XXXX via registered mail ( USPS tracking XXXX XXXX ), which included : Notice of Debt Extinction & Fiduciary Appointment IRS Form 8281 ( Asset Identification ) Endorsed Mortgage Statement UCC-3 discharge demand package Fiduciary appointment of XXXX XXXX ( XXXX XXXX XXXX ) XXXX RESPONSE FROM MSF WAS DEFICIENT AND ILLEGAL On XX/XX/XXXX, XXXX issued an alleged `` response '' that : Ignored more than 75 % of my QWR questions Provided WRONG documents ( documents from an unrelated VA land loan that occurred BEFORE we even owned the property by prior owners ) Failed to disclose the current creditor/note holder Refused to provide the original note or endorsements Ignored UCC-3 filings and fiduciary appointment served with the discharge package Falsely claimed receipt of my QWR occurred on XXXX XXXX, XXXX when USPS tracking shows actual delivery on XX/XX/XXXX Completely ignored the discharge package received XX/XX/XXXX THE LOAN DETAILS Property Address : XXXX XXXX XXXX, XXXX, CO XXXX Loan XXXX XXXX XXXX XXXX Date XXXX XX/XX/XXXX Original Lender : Mortgage Solutions of Colorado, LLC Current Servicer : MSF Original Principal Balance : {$440000.00} Current Principal Balance ( MSF admits ) : {$400000.00} CRITICAL FACTS : My husband and I are the original and ONLY owners of this home We BUILT this home - we are the FIRST owners This is NOT a VA loan The VA land purchase documents MSF sent have NOTHING to do with us - they are from a PRIOR transaction by different parties BEFORE we built our home VIOLATIONS AND HARM 1. RESPA VIOLATIONS ( 12 CFR 1024.36 ) MSF failed to comply with federal law by : Refusing to provide identity of current creditor/note holder No complete chain of assignments from origination to present Refused to disclose securitization status ( claiming it's " overbroad '' ) Failed to provide full accounting history Failed to explain payment application Provided WRONG documents ( prior owners ' VA land loan instead of OUR mortgage documents ) This violates : 12 CFR 1024.36 ( d ) ( 1 ) - Information relating to transfer of servicing 12 CFR 1024.36 ( d ) ( 2 ) - Identity of owner of loan 12 CFR 1024.17 - Escrow account disclosures 2. TILA VIOLATIONS ( 12 CFR 1026.36 ) No complete explanation of charges, interest accrual, or fees No itemized breakdown of amounts beyond principal balance Obfuscation of interest calculations No transparency in payment application 3. FAILURE TO PROVIDE ACCURATE DOCUMENTS CRITICAL VIOLATION : When I requested documents for MY current mortgage loan : Property : XXXX XXXX XXXX XXXX XXXX XXXXXXXX Loan Date : XX/XX/XXXX Loan Number : XXXX We are FIRST OWNERS ( we built the home ) MSF instead provided documents for a COMPLETELY DIFFERENT LOAN : Documents related to a VA land purchase This was for the ORIGINAL LAND PURCHASE by PRIOR OWNERS This occurred BEFORE we even owned the property We have NO CONNECTION to this VA loan whatsoever This is a PRIOR TRANSACTION by different parties This demonstrates : Gross incompetence in record-keeping Inability to locate proper documentation for MY loan Possible evidence they are servicing the WRONG loan Intentional obfuscation to avoid RESPA compliance Legal Question : If they can not provide the correct loan documents and are sending documents from prior owners ' unrelated transactions, how can they prove they have authority to service MY loan? 

XXXX. REFUSAL TO ACKNOWLEDGE FIDUCIARY APPOINTMENT On XX/XX/XXXX, I filed XXXX Financing Statement Amendments with the Colorado XXXX XXXX XXXX : XXXX Filing XXXX XXXX ( Certified XX/XX/XXXX ) Assigned ALL secured party interest to XXXX XXXX ( XXXX XXXX XXXX ) XXXX him as FIDUCIARY TRUSTEE for discharge purposes Ordered FULL DISCHARGE of {$410000.00} via Treasury Direct Account setoff XXXX XXXX XXXX fiduciary duties Set deadline : XXXX business days ( XX/XX/XXXX ) XXXX Filing # XXXX XXXX Certified XX/XX/XXXX ) Added all MSF DBA entities as debtors Protected copyrighted trade names Established consequences for violations These are PUBLIC RECORD filings- all parties are deemed to have CONSTRUCTIVE NOTICE. 

On XX/XX/XXXX, I sent a complete discharge package including : Notice XXXX XXXX XXXX XXXX XXXX XXXX IRS Form XXXX ( Asset Identification ) Endorsed Mortgage Statement Schedule of OID Full discharge instructions to XXXX XXXX XXXX COMPLETELY IGNORED : The public XXXX filings The fiduciary appointment of their own CFO The discharge demand IRS Form XXXX All lawful demands in the Notice of Debt Extinction XXXX XXXX XXXX XXXX was XX/XX/XXXX - HE DID NOTHING. 

This constitutes : Breach of fiduciary duty ( personal liability ) Dishonor of commercial obligation XXXX to acknowledge public record Violation of Treasury regulations XXXX. DATE FRAUD - TIMELINE MANIPULATION PROVABLE FRAUD WITH TRACKING EVIDENCE : XX/XX/XXXX : XXXX ACTUALLY received by XXXX ( XXXX XXXX : XXXX ) XX/XX/XXXX : XXXX discharge filings made ( public record, Colorado XXXX XXXX XX/XX/XXXX : XXXX FALSELY XXXX this as receipt date in their response letter XX/XX/XXXX : Full discharge package received by XXXX ( XXXX XXXX : XXXX ) DISCREPANCY : 14 DAYS MSF is attempting to manipulate the timeline to : Reset the RESPA XXXX XXXX clock Claim they didn't have notice of XXXX filings Conceal the XXXX that discharge documents were timely received Avoid accountability for ignoring public record filings This constitutes : Mail fraud ( 18 USC 1341 ) Wire fraud ( 18 USC 1343 ) RESPA violations False statements Obstruction of administrative process 6. LACK OF STANDING - UCC ARTICLE 3 VIOLATIONS The servicer has NOT provided : Original wet-ink promissory note with my signature Proof of proper endorsements on the note Complete chain of possession of the note Authority to enforce payment under UCC 3-301 Proof they are the " holder '' under UCC 3-301 Evidence of physical possession of the note Under UCC Article 3 : 3-301 : Only a " person entitled to enforce '' can collect on a note 3-302 : Holder must have possession plus proper endorsement 3-203 : Transfer requires delivery of possession WITHOUT the original note, MSF : Lacks legal standing to service the alleged debt Can not enforce payment Can not foreclose Can not report to credit bureaus Has no authority to collect 7. MERS DEFECT - VOID ASSIGNMENTS The original Deed of Trust names MERS ( Mortgage Electronic Registration Systems, Inc. ) as " beneficiary '' with fatal problems : MERS has NO beneficial interest in the loan MERS is merely a " nominee '' ( their own admission ) MERS can not assign what it doesn't own Multiple courts have held MERS assignments are INVALID : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  " MERS 's relationship to the lender is more akin to that of a straw man '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX Court ) : " Assignment from MERS is void where MERS held no interest '' XXXX XXXX XXXX Mortgage XXXX XXXX Washington Supreme Court ) : " MERS had no interest to assign '' The note and mortgage are INSEPARABLE under common law XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Any assignment involving MERS is legally defective and XXXX XXXX XXXX. 

XXXX. SECURITIZATION CONCEALMENT Evidence strongly suggests this loan was securitized into a mortgage-backed securities XXXX : MERS involvement ( typical for securitized loans ) Servicer different from originator Refusal to disclose trust information Pattern consistent with securitized loans If this loan WAS securitized, I am entitled to know : Name of the securitization trust Pooling and Servicing Agreement ( XXXX ) XXXX loan was properly conveyed BEFORE trust closing date Identity of trust beneficiaries/certificate holders Whether transfer complied with New York XXXX XXXX XXXX XXXX XXXX XXXX IRS XXXX window for XXXX status XXXX 's blanket REFUSAL XXXX provide ANY securitization information violates XXXX XXXX XXXX ( d ) ( XXXX ). 

If the loan WAS securitized but NOT properly conveyed to the trust within the required timeframe, then : The trust does NOT own the loan Any assignment is VOID The servicer has NO authority to collect Foreclosure would be WRONGFUL XXXX. COPYRIGHT VIOLATIONS I hold common-law copyright on the trade names : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX steffany-rose XXXX XXXX These copyrights are XXXX and recorded. 

XXXX has used these copyrighted names WITHOUT authorization in : Collection letters Account statements Foreclosure notices Credit reporting Internal documents EACH unauthorized use equals {$500000.00} statutory damages per occurrence. 
XXXX has used these names DOZENS of times equals {>= $1,000,000} plus in copyright damages. 

DOCUMENTATION ATTACHED Original QWR dated XX/XX/XXXX XXXX tracking showing receipt XX/XX/XXXX XXXX response dated XX/XX/XXXX ( false date claim ) XXXX tracking for discharge package received XX/XX/XXXX Payment history provided by servicer XXXX XXXX Deed of Trust showing MERS XXXX Filing # XXXX ( certified copy ) XXXX Filing XXXX XXXX ( certified copy ) Colorado XXXX of XXXX XXXX Notice of XXXX Extinction ( XX/XX/XXXX ) IRS Form XXXX Endorsed Mortgage Statement Schedule of OID Fiduciary Appointment to XXXX XXXX Timeline of XXXX XXXX of financial and emotional harm Wrong documents provided ( VA XXXX loan from XXXX XXXX XXXX not our mortgage ) IMPACT ON CONSUMER This servicer 's willful violations have caused substantial harm : FINANCIAL HARM : Inability to determine actual amount owed Lack of complete accounting and itemization Threat of wrongful foreclosure Inability to refinance due to clouded title Loss of equity in the property Potential loss of home to party without standing Charges and fees without proper disclosure EMOTIONAL HARM : Severe anxiety and stress Sleep disturbance Fear of losing our family home Emotional distress from dealing with unresponsive servicer Mental anguish from fraudulent collection attempts TIME AND EFFORT : Hundreds of hours investigating violations Costs of research and documentation Lost work time dealing with this matter Ongoing stress and burden CREDIT HARM : Negative reporting despite disputed debt Inability to obtain credit due to false delinquency Damage to XXXX XXXX and creditworthiness LEGAL HARM : Forced to defend against wrongful foreclosure Costs of potential litigation Violation of due process rights Collection attempts by party without proven standing URGENCY - IMMEDIATE INTERVENTION REQUIRED The servicer has indicated they are proceeding with foreclosure actions. 
WITHOUT production of : The original note Proof of standing under XXXX XXXX Complete assignment chain Complete itemized accounting of all charges Correct loan documents ( not prior owners ' properties ) Any foreclosure would be : WRONGFUL ( no standing ) FRAUDULENT ( unproven amount ) ILLEGAL ( RESPA violations XXXX VOID ( MERS defects ) XXXX ( XXXX public XXXX ) This would cause IRREPARABLE HARM including : Loss of family home Destruction of credit Emotional devastation Financial ruin I request IMMEDIATE investigation and intervention to : Stop foreclosure proceedings Freeze all collection activity Compel document production Protect my rights as a consumer CONCLUSION Mortgage Solutions Financial has engaged in a pattern of willful violations of federal consumer protection laws. They have : Refused to comply with RESPA Failed to provide complete accounting and itemization Provided wrong documents for a different loan ( prior owners ' VA land purchase ) Falsified dates to manipulate timelines Concealed the true creditor Failed to prove standing under UCC Article 3 Ignored public UCC-3 discharge filing Breached fiduciary duties Violated copyrights These are not minor technical violations - these are SYSTEMATIC ABUSES designed to : Conceal who actually owns the debt Collect without proper accounting and transparency Foreclose without legal authority Evade accountability for violations I request immediate and comprehensive CFPB intervention to protect my rights and hold this servicer accountable.

Company response to consumer: Closed with explanation