Consumer complaint received 2025-12-22 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Village Capital & Investment LLC
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX is contacting me on behalf of my mortgage company XXXX XXXX XXXX XXXX XXXX and failed to provide proper notice of foreclosure on my property after my bankruptcy was dismissed and assumed the previous notice from a year ago during bankruptcy could be used which is against the law. I sent them a dispute letter and they are stating its after the time because they were trying to use the one after I was already in bankruptcy which is illegal. I sent the below XXXX letters to them. I told them to halt everything and provide me the required documentation for them to foreclose on my property. 


Dear XXXX XXXX XXXX XXXX, I am XXXX XXXX XXXX XXXX, the homeowner of XXXX XXXX XXXX XXXX XXXX, TX XXXX, and I am formally disputing your legal right to foreclose on my property. This email serves as a demand to immediately halt the foreclosure auction scheduled for XX/XX/XXXX at XXXXXXXX XXXX. 

Legal Grounds for Dispute ( Texas XXXX ) Texas XXXX XXXX XXXX ( b ) : Requires at least 21 days written notice of sale and proper service of default notices. You failed to comply. 
Bankruptcy XXXX : After my bankruptcy was dismissed, you must restart the foreclosure process with new notices. You can not rely on notices issued prior to or during bankruptcy to foreclose a year later. The entire notice period must begin anew. 
Texas XXXX XXXX XXXX ( XXXX ) : Only the mortgagee or properly authorized servicer XXXX foreclose. You have not provided proof of authority or a valid chain of title. 
Texas XXXX XXXX XXXX XXXX XXXX : Enforcement of a negotiable instrument requires possession of the original note. I demand the original promissory note with wet signatures. 
XXXX XXXX XXXX XXXX ( a ) ( XXXX ) : Prohibits misrepresentation and illegal fees. 
Federal Protections RESPA ( 12 U.S.C. 2605 ) : Requires servicers to respond to qualified written requests and prohibits foreclosure while loss mitigation is pending.

FDCPA ( 15 U.S.C. 1692e & 1692f ) : Prohibits false or deceptive practices and unauthorized fees.

TILA ( 15 U.S.C. 1638 ) : Requires accurate disclosure of loan terms.

Regulation X ( 12 C.F.R. 1024 ) : Prohibits dual tracking and mandates proper notice and documentation. 
Demand for Documentation Provide full loan documentation, including the original promissory note with wet signatures. 
Provide all assignments, endorsements, and notarized documents evidencing a clear and valid chain of title. 
XXXX Required Cease and desist from proceeding with the foreclosure auction scheduled for XX/XX/XXXX. 
Respond to this dispute in writing and provide the requested documentation within the timeframe required by law. 
Failure to comply will result in further legal action, including complaints to the Texas Attorney General, Consumer Financial Protection Bureau, and filing suit for injunctive relief. 

XXXX XXXX XXXX XXXX XXXX : XXXX Email : XXXX Subject : Formal Dispute of Foreclosure XXXX & XXXX XXXX XXXX XXXX To : XXXX & XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX : XXXX Date : XX/XX/XXXX Re : Village Capital XXXX XXXX Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Foreclosure Auction Scheduled : XX/XX/XXXX at XXXXXXXX XXXX NOTICE OF DISPUTE AND DEMAND TO CEASE FORECLOSURE Dear XXXX & XXXX XXXX XXXX XXXX am formally disputing your legal right to foreclose on my property referenced above. This letter serves as a demand to immediately halt the foreclosure auction scheduled for XX/XX/XXXX. 

XXXX XXXX for XXXX XXXX XXXX XXXX and XXXX XXXX Texas XXXX XXXX XXXX ( XXXX ) and XXXX, only the mortgagee or properly authorized mortgage servicer XXXX conduct a foreclosure sale. You have not provided evidence of valid authority or a complete chain of title. 

Failure to Provide Proper Notice Texas XXXX requires strict compliance with notice provisions under Texas XXXX XXXX XXXX ( b ), which mandates at least 21 days written notice of sale and proper service of default notices. Failure to comply renders the foreclosure invalid. 

Chain of XXXX Defects Assignments must be valid and properly recorded under Texas XXXX XXXX XXXX ( XXXX ). Missing or incorrect assignments violate statutory requirements and undermine your standing. 

Improper Notarization and Document Execution Texas Government XXXX XXXX governs notarization. Any improperly notarized or executed documents are void and can not support foreclosure. 

Original Note Requirement Under Texas XXXX XXXX XXXX XXXX XXXX, enforcement of a negotiable instrument requires possession of the original note. I demand production of the original promissory note with wet signatures. Without this, foreclosure can not proceed. 

Deceptive Practices and Illegal Fees Charging unauthorized fees and penalties violates XXXX XXXX XXXX XXXX ( a ) ( XXXX ), which prohibits misrepresentation of the amount or status of a debt. 

Demand for Documentation Provide full loan documentation, including the original promissory note with wet signatures. 
Provide all assignments, endorsements, and notarized documents evidencing a clear and valid chain of title. 
XXXX Required Cease and desist from proceeding with the foreclosure auction scheduled for XX/XX/XXXX. 
Respond to this dispute in writing and provide the requested documentation within the timeframe required by law. 
Failure to comply will result in further legal action, including complaints to the Texas Attorney General, Consumer Financial Protection Bureau, and filing suit for injunctive relief. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX

Company response to consumer: Closed with explanation