Consumer complaint received 2025-10-15 00:00:00
Product: Mortgage — Other type of mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: PNC Bank N.A.
State: CA

Complaint narrative:
I sent a Qualified Written Request & Notice of AB 130 Violations to PNC Bank ( See Language Below ) PNC Bank is forcing payment in my chapter 13 bankruptcy proceeding making reinstatement unfeasable and eligible for dissmisal. PNC Bank 's collection actions are now unlawful under new California Law AB 130 - SEC. 2. Section 2924.13. 

I have been trying to contact PNC Bank, Single Point of Contact, XXXX XXXX, for confirmation of receipt of QWR and have been unable to reach her. Her voicemail indicates that she will be out of the office until XX/XX/year>. I asked to speak with an alternative representaive given the timeliness of this situation. But each time I called at least 4, in the last two days, representatives say they will transfer me to someone that can answer my questions in XXXX 's absense but instead the call has dropped each time and no one from PNC has called me back. I left several messages today XX/XX/XXXX and yesterday XX/XX/XXXX. 

I need to have this issue resolved as soon as possible prior to my chapter 13 bankruptcy being dismissed. The next bankruptcy hearing is scheduled for XX/XX/year>. 

QUALIFIED WRITTEN REQUEST & NOTICE OF CLAIM Date : XX/XX/year> Via Certified Mail Return Receipt Requested PNC Bank XXXX : XXXX XXXX XXXX XXXX - Mortgage Servicing / Qualified Written Requests XXXX XXXX XXXX XXXX XXXX XXXXXXXX Re : Qualified Written Request & Notice of AB 130 Violations Loan No. : [ XXXX ] Borrower : XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX, XXXX  XXXX ________________________________________ Dear XXXX XXXX, PNC Bank : This letter constitutes a Qualified Written Request ( QWR ) under the Real Estate Settlement Procedures Act ( RESPA, 12 U.S.C. 2605 ( e ) ) and a Notice of Error and Statutory Violation under XXXXXXXX Civil Code 2924.13 ( AB 130, 2025 session, effective law ).

________________________________________ 1. Background and Statutory Violations The above-referenced loan is a subordinate ( second ) mortgage lien recorded against my residential property. 
This account was charged off/written off more than ten ( 10 ) years ago. Upon information and belief, an IRS Form 1099-C or equivalent write-off instrument was issued. 
I have not received any written communications, periodic statements, or transfer-of-servicing/ownership notices for many years. 
The lien has never been recertified or maintained in compliance with law.

Under XXXX  Civil Code 2924.13 ( b ), the following unlawful practices apply to this loan : 1. Failure to provide written communications for at least three years ( 2924.13 ( b ) ( 1 ) ) ; 2. Failure to provide required servicing transfer notices ( 2924.13 ( b ) ( 2 ) ) ; 3. Failure to provide ownership transfer notices ( 2924.13 ( b ) ( 3 ) ) ; 4. Attempting to maintain a lien after the debt has been written off/discharged ( 2924.13 ( b ) ( 4 ) ) ; 5. Failure to provide periodic statements as required ( 2924.13 ( b ) ( 6 ) ).

Accordingly, this lien qualifies as a Zombie Loan under AB 130 and is unenforceable as a matter of law. 
________________________________________ 2. Requests for Information ( RESPA / TILA ) Please provide : 1. The name and contact information of the current owner/investor of the loan. 
2. The complete servicing history of the loan.

3. A copy of the original promissory note and deed of trust, and all assignments or transfers.

4. Copies of all servicing transfer notices ( 12 U.S.C. 2605 ( c ) ).

5. Copies of all ownership transfer notices ( 15 U.S.C. 1641 ( g ) ).

6. All periodic account statements from the past 10 years.

7. Confirmation whether a Form 1099-C or cancellation-of-debt notice was issued.

8. Any certifications made pursuant to XXXX  Civil Code 2924.13 ( c ). 
________________________________________ 3. Quiet Title Demand Because PNC has no lawful ability to foreclose, enforce, or collect on this zombie lien, I hereby demand that PNC : Cancel and reconvey the deed of trust currently encumbering my property ; or, Confirm in writing that the lien is released and void.

If PNC fails to take corrective action, I will have no choice but to pursue a Quiet Title and Declaratory Relief action in Sacramento County Superior Court, seeking an order clearing title under CCP 760.010 and Civil Code 2924.13, with recovery of costs, statutory damages, and attorneys fees as provided by law. 
________________________________________ 4. Deadlines and Borrowers Rights RESPA requires written acknowledgment of this request within 5 business days and a substantive response within 30 business days. 
California law prohibits PNC from initiating or threatening foreclosure without first recording a valid certification under penalty of perjury ( 2924.13 ( c ) ). 
Failure to comply will be treated as further evidence of statutory violations and bad faith, and will be included in any future litigation. 
________________________________________ Conclusion This QWR and Notice is made in good faith to obtain full documentation of the loan history, confirm statutory violations, and resolve title defects. Please direct all written responses to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Respectfully, XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation