Consumer complaint received 2025-03-23 00:00:00
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: PLANET HOME LENDING, LLC
State: CA

Complaint narrative:
XXXX XXXX  / Planet Home Lending XXXX Fraud See XXXX XXXX XXXX XXXX Priority mail via XXXX. False XXXX XXXX. XXXX ( XXXX ) Subsection ( XXXX ) of Section XXXX sets out the offense of filing a false XXXX  claim. A " claim '' is a document filed in a XXXX  proceeding by a creditor of the debtor. It is sometimes also called a " proof of claim. '' For the purposes of this section the nature of the claim is immaterial -- i.e., the claim can be secured or unsecured, liquidated or unliquidated, disputed or undisputed. A " false '' claim is XXXX that is known by the creditor to be factually untrue at the time the claim is filed. 
XXXX ( XXXX ) provides : A person who... knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title XXXX, in a personal capacity or as or through an agent, proxy, or attorney ; ... shall be fined ..., imprisoned ..., or both. 
The elements of a false claim violation are : XXXX that XXXX  proceedings had been commenced ; XXXX that defendant presented or caused to be presented a proof of claim in the XXXX  ; XXXX that the proof of claim was false as to a material matter ; and XXXX that the defendant knew the proof of claim was false and acted knowingly and fraudulently. 
XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. ), cert. denied, XXXX XXXX XXXX ( XXXX ). 
A claim can be asserted by a creditor whether or not it is reduced to judgment, whether the claim is liquidated, unliquidated, fixed, contingent, mature, unmatured, disputed, undisputed, legal, XXXX, secured or unsecured. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( reh'g denied ) ( XXXXXXXX XXXX  XXXX ), appeal after remand XXXX XXXX XXXX ( XXXX ). 
Since the falsity of a claim, in most cases, is obvious, the key issue frequently becomes what was the defendant 's state of mind at the time of the filing of the claim. Good faith is a complete defense to this charge. The filing of a false claim is not a crime where there was a good faith belief in its accuracy. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( reh'g denied ) ( XXXXXXXX XXXX XXXXXXXX ), appeal after remand XXXX XXXX XXXX ( XXXX ). 
A proof of claim is not false merely because it may be inaccurate or erroneous in any or all respects. The claim may be asserted by a creditor in good faith even though the moneys being sought are thereafter successfully disputed by the debtor or disallowed by the XXXX  XXXX. Instead, a proof of claim is false if the statements contained therein are intentionally inaccurate and submitted without any good faith basis for the claim and are not the result of some mistake or clerical error or inadvertent omission. 
XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXXXXXX XXXX ), cert. denied, XXXX XXXX XXXX ( XXXX ), appeal after remand, XXXX XXXX XXXX ( XXXX XXXX  XXXX ), cert. denied, XXXX XXXX XXXX ( XXXX ) ( quoting above instruction with approval ). 
[ cited in XXXX XXXXXXXX ]

Company response to consumer: Closed with explanation