Consumer complaint received 2026-05-18 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: EVERBANK, NATIONAL ASSOCIATION
State: NY

Complaint narrative:
Hello I am filing this complaint against XXXX XXXX XXXX XXXX. I am a XXXX XXXX, and I was maliciously and viciously prosecuted by XXXX XXXX XXXX XXXX, that filed baseless fraudulent fabricated lawsuit against me without any proof or evidence. And EverBank through their XXXX XXXX XXXX still extorts money from me and now threatened to invoke legal action against me which is against the law. My daughter previously filed complaint on my behalf, but EverBank counsel in his response to CFPB claimed that her complaint is invalid on ground of lack of Jurisdiction. So, I want to correct this error, and I am filing this complaint against EverBank this time myself to accommodate EverBank Counsel response. I also have new finding and documents to submit with this complaint that proves even further that EverBank filed fraudulent lawsuit and maliciously prosecuted me, abusing court procedure among other illegal actions. And I ask CFPB forward my complaint to satisfy EverBank counsel rejection on the ground of lack of Jurisdiction. Recently I found out by searching on XXXX that Everbank defrauded quite a few companies and many individuals. And they became very famous for violating XXXX XXXX, among other things. As I am sure CFPB office is aware that EverBank was sued several times since their company was launched in XXXX, and since then they defrauded many people, and has been sued several times with class action lawsuits including by Comptroller of the Currency, paying settlement of {>= $1,000,000}, and {$8.00} million among other lawsuits against them. The newly filed lawsuits against Everbank fraud practice are pending in courts and continues to this day. Thats quite a record for multibillion dollar company that exists only XXXX years. So, looks like Everbank makes their business money by defrauding so many people including me, who fell a victim of EverBank crimes. And unfortunately none of these Everbanks officials who were and still are involved in this defrauding crimes ever facing criminal charges still, and they continue to harm businesses and individuals and get away with that. EverBank sued me in XXXX XXXX XXXX, posing as third party debt collector, which is illegal under Federal Trade Commission Fair Debt Collection Practices Act and XXXX XXXX XXXX XXXX XXXX Rules and Regulations. According to Federal Trade Commission Fair Debt Collection Practices Act, Under the FDCPA ( 15 U.S.C. 1692e ), it is unlawful for a debt collector to use false, deceptive, or misleading representations to collect a debt, which includes attempting to take legal action they do not have the legal authority to take. And Under XXXX XXXX Civil Practice Law and Rules CVP NY CPLR Rule 3015 ( e ) License to do business. Where the plaintiffs cause of action against a consumer arises from the plaintiffs conduct of a business which is required by state or local law to be licensed by the department of consumer affairs of the city of XXXX XXXX ..., the complaint shall allege, as part of the cause of action, that plaintiff was duly licensed at the time of services rendered and shall contain the name and number, if any, of such license and the governmental agency which issued such license. The failure of the plaintiff to comply with this subdivision will permit the defendant to move for dismissal pursuant to paragraph seven of subdivision ( a ) of rule XXXX XXXX XXXX of this chapter. XXXX XXXX XXXX broke the US Federal law, XXXX XXXX XXXX XXXX XXXX Rules on several accounts by harassing me and abusing the law, by false and misleading representations, by deceptive and unfair practices, and disregard for any US and XXXX XXXX XXXX and rules : XXXX. XXXX XXXX XXXX is not and has never been licensed as Debt Collector in XXXX XXXX XXXX XXXX or any other XXXX, so its illegal for them to collect debt and/or sue anyone to collect debt, and it was illegal for them to sue me in the first place. XXXX. EverBank and their lawyer knowingly and deliberately filed against me baseless, fraudulent and falsified lawsuit without legal grounds or factual evidence to support their claim, so to harass, defraud and extort money from me. XXXX. EverBank and their lawyer abused court process by filing fabricated and falsified lawsuit and by filing forged fabricated and falsified documents in violation of court procedure. 4. EverBank lawsuit ended in default against me, and it was and still is illegally hidden from the NY Unified Court database without Judge Order, without any reason or explanation. The Judge presided in this EverBank fraudulent lawsuit in her written order did not order to Seal this case, and there is no SEALED stamp or label that would suggest that this lawsuit was approved to be Sealed by the Judge order. So, that fact along is very fishy, unlawful and illegal on its face. I could not place this lawsuit documents myself by searching on NY State Unified Court system database until I sent email to the court clerk, and clerk sent me the link of that page that is hidden from the entire system, and nobody can find it, unless they have that link. Here is link of the Kings Court Clerks office webpage XXXX XXXX I did not have any documents of this lawsuit, because all the documents were in possession of the attorney I retained at the time of the lawsuit took place. On XX/XX/XXXX Everbank e-filed with court Summons and Complaint against me, as well as Affirmation of Service. Summons and Complaint dated XX/XX/XXXX. The Affirmation of XXXX dated XX/XX/XXXX. The case # is XXXX. Then on XX/XX/XXXX Everbank filed Voluntary Dismissal without prejudice. That Voluntary Dismissal without prejudice was not served to me. Then Everbank e-files with the court new Summons and with exactly same Complaint, this time on XX/XX/XXXX clerk gives EverBank XXXX XXXX XXXX # XXXX, but that Complaint and Affirmation of Service just hanging there as separate case. In that Complaint the three pages of the so called evidence in Exhibit A, that were included into the first Voluntary Dismissed Summons and Complaint are ABSENT. EverBank files second time complaint that would support their falsified Lease, except just a Lease agreement itself that totally blackened out with my forged signature. And then EverBank continues the lawsuit again with the old case # XXXX. I have to mention that EverBank Summons and Complaint for first time was served on me improperly. The Process Server committed a fraud by wrongly filling out the Affidavit of Service of Summons and Complaint BYPASSING PERSONAL SERVICE to me. And the most importantly like for the first time, after Voluntary Dismissals, SECOND and LAST TIME the EverBank Summons and Complaint was also served on me improperly. The Process Server committed a fraud second time by wrongly filling out the Affidavit of Service of Summons and Complaint BYPASSING PERSONAL SERVICE to me AGAIN. EverBanks Process Server filed with court The AFFIDAVIT of SUBSTITUTE SERVICE. In his AFFIDAVIT of SUBSTITUTE SERVICE the server did NOT file with Court any explanation or gave any reason as to why Personal Service to me was NOT performed, and why Substitute Service had to be done BYPASSING Personal Service. The Motion for Substitute Service asking court to perform Substitute Service that is required by law, was not filed with court by EverBank either. Not only that this Affidavit of Service did not include the lawsuit index number. And the EverBank Affidavit of Service was filed with Court seven month after the case number was issued by the clerk. In New York, a process server must include the lawsuits index number on the Affidavit of Service. Under NY CPLR Section 305, all initiating documents ( such as a Summons and Complaint ) must bear the court-assigned index number. The Affidavit of Service details exactly how those papers were delivered, and it must reference this index number to properly link service to the active case. If substituted or nail and mail service was used, the affidavit of service must be filed with the County Clerk, WITHIN XXXX days of the date of service https : XXXX So, EverBank committed a fraud by SEWER SERVICE on its face, and EverBank and their lawyer knowingly and purposely did not perform Personal Service falsifing the Affidavit of Service , pursuing their fraudulent vicious lawsuit against me. Unfortunately, I learnt all these facts only recently, because my daughter started to help me digging evidence of EverBank fraudulent lawsuit. I did not know at the time of the EverBank filling lawsuit against me, that all these facts were an illegal and falsified set up by EverBank, and couldve been easily resolved and stopped by my attorney. But the attorney I retained did not have decency to explain to me what is really going on, he did not explain the court procedure, and he did not do anything about it or tell me about this fraud of a lawsuit. CFPB investigation team will be able to look at the evidence of this Affidavit of Sewer Service by searching on the Supreme Court XXXX XXXX XXXX XXXX webpage XXXX XXXX XXXX. I also will provide in this complaint a screenshot from the Supreme Court Unified database system webpage with lawsuit documents summary and the copies of Affidavit of Service that were filed with court by EverBank. Because of my attorney indecent actions and lack of explanation, I never appeared in court, and lawyer I retained just arranged settlement with EverBank. So the case was in default against me and ended in favor of Everbank in XXXX. I was not aware of all the fraud Everbank committed against me then, but my daughter helped me now, so I am filing this complaint with CFPB office. In regards to EverBank lawsuit and their fraudulent Summons and Complaint itself. In their complaint EverBank accused me of owing them a lease for {$33000.00} plus all the percentages and costs for their lawyer services, all together in the total of {$43000.00}. EverBank claimed that I allegedly signed so called Lease Agreement with XXXX XXXX XXXX XXXX XXXX. And then XXXX XXXX XXXXXXXX XXXX XXXX allegedly transferred this lease to XXXX XXXX XXXX XXXX. Everbank included into their Summons and Complaint the receipt of this lease agreement between XXXX XXXXXXXX XXXX XXXX XXXX and supposedly me as evidence in Exibit A. That receipt has my signature, but its forged, as I learnt now looking at the Summons and Complaint and that receipt. And as EverBank complaint claims, XXXX XXXXXXXX XXXX XXXX XXXX allegedly transferred this lease to Everbank, and I allegedly owed Everbank the money for that lease after all. Now, Everbank Summons and Complaint, or any other court documents filed by EverBank in their lawsuit did NOT provide or include as evidence the ACTUAL Contract of Transfer of that Lease Agreement between XXXX XXXXXXXX XXXX XXXX XXXX and Everbank themselves that EverBank claimed they had with XXXX XXXX XXXX XXXX XXXX. EverBank only included as their " evidence '' a note with two sentences mentioned the transfer between those two companies in Exibit B. These are the exact words of that note : [ My Name ], XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX Reference is hereby made to that certain Lease number XXXX by and between [ My name ], MD ( XXXX ) and XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ( the Lease ). Effective XXXX [ Blank ] _____, XXXX this letter will serve as notice to you that XXXX has assigned to XXXX XXXX XXXX XXXX XXXX ( XXXX ) all rights and interests XXXX has in the Lease. All payments and fees due from you under the Lease should be forwarded to XXXX at its stated address : [ Blank ] Sincerely, XXXX XXXXXXXX XXXX XXXX XXXX, XXXX. BY : PRINT NAME : XXXX XXXX XXXX TITLE : XXXX XXXX XXXX XXXX This so called Lease : XXXX. Is NOT SIGNED by both XXXX and XXXX XXXXXXXX XXXX. XXXX. Does NOT indicate date that this Lease was written on. XXXX. Does NOT indicate what address exactly all payments and fees under the Lease should be forwarded to. XXXX. What exactly date is that XXXX XXXX XXXX, XXXX? XXXX. The signature of Vice Presidents Capital Market XXXX XXXX XXXX is also ABSENT. So, that so called Lease is a laughable worthless scrap of paper, that EverBank had the brazenness to present as evidence into Supreme Court of Law, among other illegal things. Both the XXXX XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX are a global multibillion vendor finance companies operating in XXXX countries as their websites indicated. So, looking at the global multibillion caliber companies of these two Financial institutions, one would wonder that Everbank did not include the most important piece of evidence they sued me for, the ACTUAL Contract of Transfer of that Lease Agreement between XXXX XXXXXXXX XXXX XXXX XXXX and the Everbank themselves, except the UNSIGNED, UNDATED and VAGUE scrap of falsified paper. Not to mention that Everbank does not hold XXXX XXXX Debt Collector license or any other license to collect debt, and under XXXX XXXX and under XXXX Federal Law its illegal for them to sue anyone in the first place. So, this lawsuit is totally fabricated and falsified, and EverBank Complaint evidence looks like first grade elementary school paper clips. The copy of the XXXX XXXXXXXX XXXX XXXX XXXX forged Lease agreement that Everbank included into Exibit A of their Complaint itself is falsification and impossible to read, because the type of this receipt is totally blackened out. In their filed for the first time Complaint and the rest of the continues lawsuit papers, Everbank also included as evidence the copies of another three paper slips, one is " XXXX Customer Quote '', and another XXXX are " XXXX XXXX, XXXX proposal '' for the alleged mobile system whatever it means, and all these paper slips are also in total mess which is impossible to read, because of their blackened out type. Looks like these copies are purposely blackened out, so nobody could find out what exactly these evidence are hiding. The " XXXX Customer Quote '' paper slip is under the name of XXXX XXXX XXXX XXXXXXXX, that was managed by the owner XXXX XXXX who was imprisoned in XXXX along with several other people for defrauding XXXX XXXX XXXX. So, this so called XXXX XXXX XXXX XXXX XXXX XXXX that bears my forged signature, was entered by the imprisoned XXXX XXXX XXXX XXXX XXXX XXXX with XXXX XXXXXXXX XXXX XXXX XXXX, and maybe XXXX XXXXXXXX XXXX XXXX XXXX Vice Presidents Capital Market XXXX XXXX XXXX himself forged my signature on that Lease. And then EverBank used this falsified forged Lease to defraud and extort money from me. XXXX XXXXXXXX XXXX forged Lease signed on XX/XX/XXXX and XX/XX/XXXX. But, XXXX XXXXXXXX XXXX could not get money from XXXX XXXX, because the indictment and charges against XXXX XXXX and the rest of the members of this gang, was filed in US Supreme Court on XX/XX/XXXX. And XXXX XXXX XXXX learnt about it. Interestingly enough, the Note of transfer of the forged Lease between XXXX XXXXXXXX XXXX and Everbank indicates the Effective date EXACTLY on XXXX [ blank ] XXXX, which looks like a deliberate calculation and not a coincidence. So, XXXX XXXXXXXX XXXX pairing with EverBank decided to extort money from me instead. In Conclusion : XXXX conspired with XXXX XXXX XXXXXXXX and its Vice Presidents XXXX XXXX XXXXXXXX XXXX XXXX, and committed a fraud by buying that forged Lease from XXXX XXXXXXXX XXXX, and then EverBank used that fabricated and falsified forged Lease to extort money from me by filing their malicious prosecution lawsuit. So, EverBank did not just file fabricated lawsuit against me, they conspired with and committed fraudulent scheme with XXXX XXXXXXXX XXXX against me. But even if this so called XXXX XXXXXXXX XXXX Lease was genuine, which its not, EverBank committed a crime by defrauding me just by filling their lawsuit as a third party debt collector, that they had no right to file in the first place anyway, and EverBank did not have as evidence the ACTUAL Contract of Transfer of that Lease between XXXX XXXXXXXX XXXX and themselves as a proof to sue me for owing them money in the first place as well. Which is not surprising, looking at the history of the EverBank fraudulent practice over the years defrauding and scamming people they do business with, and defrauding and scamming people they do not do business with. I am sure I am not the only one that EverBank extorted and continue to extort money from. Looking at EverBank record, they should be put on the list of ONE OF THE MOST WANTED SCAMMERS in the history of the XXXX. I ask CFPB and I am looking forward that CFPB thoroughly investigate EverBank crimes against me, and prosecute these people to the fullest extend of the law. I also ask CFPB to investigate XXXX XXXX XXXX for conspiracy with EverBank to defraud me, and prosecute these people to the fullest extend of the law. I am sending along in attachment for your review : XXXX. Everbank Summons and Complaint they file with court for first time XXXX. Everbank lawyer Voluntary dismissal of the first Complaint XXXX. The second time Summons and Complaint with new case index # that was filed with court, and abandoned. XXXX. The Affirmation of Substitute Service aka Sewer Service for both case numbers. XXXX. The Stipulation of Discountinuance of Terms XXXX. The Judges order XXXX. Screenshots of the Kings Court Clerks office webpage showing this two cases, and XXXX. Screenshot of the EverBank lawsuit documents summary. 9.Screenshot of Department of consumer Affairs aka DCWP, EverBank Debt Collector license is not found XXXX. EverBank 's XXXX XXXX XXXX Income execution and letters Also, I am sending along copies of the XXXX Supreme Court Order for indictment of XXXX XXXX the owner of XXXX XXXX XXXX XXXX for your review. I found this copy on Pacer web database, to prove that XXXX XXXX was indicted and later imprisoned for defrauding XXXX XXXX XXXX De XXXX XXXX XXXX XXXX had business. I am looking forward to hear from you. Thank you

Company response to consumer: Closed with explanation