Consumer complaint received 2024-11-27 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Fein, Such, Kahn & Shepard, P.C.
State: NJ

Complaint narrative:
Issue : False statements or representation Sub-issue : False documentation and legal proceedings Complaint Details : I am filing this joint complaint against XXXX XXXX XXXX  ( XXXX XXXX XXXX ) and their attorneys Fein Such Kahn & Sheppard PC ( " FeinSuch '' ) for their coordinated deceptive practices and violations of consumer protection laws regarding my property in XXXXXXXX XXXX Key Violations : 1. Coordinated Creation and Use of False Documents : - In XX/XX/XXXX, XXXX created a false " Lost Assignment Affidavit '' claiming XXXX assigned the mortgage to XXXX- This contradicted XXXX 's own business records showing XXXX was merely XXXXXXXX XXXX servicer - FeinSuch then used this self-serving affidavit as the basis for their declaratory judgment action - Neither party could provide evidence of the alleged lost assignment - Both knew the assignment was legally void as it came after a XXXX foreclosure judgment 2. Contradictory Claims About Loan Ownership : XXXX XXXX  Inconsistent Statements : - XX/XX/XXXX : Claimed XXXX XXXX XXXX XXXX owned the loan - XX/XX/XXXX : Sent notice of intention to foreclose on behalf of XXXX - XX/XX/XXXX : QWR response claimed XXXX XXXX XXXXXXXX owned the loan - XXXX : Created assignment claiming XXXX XXXX XXXX XXXX as owner FeinSuch 's Knowing Misrepresentations : - Used XXXX XXXX  contradictory records to file legal action - Claimed XXXX XXXX XXXX  XXXX ownership despite evidence of XXXX XXXX XXXXXXXX ownership - Failed to explain discrepancies when challenged - Continued legal action despite known documentation issues 3. Coordinated Abuse of Legal Process : XXXX XXXX Role : - Created false assignments to establish standing - Recorded documents on public records to circumvent evidence rules- Withheld contradictory business records- Failed to provide discovery FeinSuch 's Role : - Filed declaratory judgment action based on known false documents - Attempted to use court process to validate fraudulent assignments - Evaded discovery requests that would expose contradictions - Voluntarily dismissed case when challenged 4. Pattern of Deceptive Servicing and Collection : XXXX XXXX  Practices : - Missing over 5 years of transaction history - Unable to verify debt amounts- Provided conflicting loan ownership information - Failed to properly respond to QWR requests FeinSuch 's Support : - Sent demand letters based on unverified amounts - Failed to properly validate debt when challenged - Ignored evidence of servicing issues- Continued collection efforts without proper validation 5. Privacy and Communication Violations : XXXX XXXX Actions : - Shared incorrect loan ownership information - Failed to protect consumer information - Made unauthorized disclosures - Failed to provide required notices of assignment FeinSuch 's Actions : - Sent unsigned notices from unnamed non-attorneys - Failed to properly identify the creditor - Continued collection efforts without proper validation - Failed to maintain confidentiality of consumer data Documentation and Evidence : 1. Timeline of Contradictory Claims : - XX/XX/XXXX XXXX XXXX Hello Letter '' claiming XXXX ownership - XX/XX/XXXX Notice of Intention to Foreclose - XX/XX/XXXX QWR response claiming XXXX Bank XXXX ownership - XXXXXX/XX/XXXX Lost Assignment Affidavit - XX/XX/XXXX FeinSuch demand letter - XX/XX/XXXX Declaratory Judgment complaint 2. False Documentation : - Self-created Lost Assignment Affidavit - Contradictory assignments - Inconsistent servicer records- Unverified debt amounts 3. Legal Proceedings : - XXXX Declaratory Judgment action ( XXXX XXXX. XXXX ) - Discovery requests and evasions - Voluntary dismissal documents- Court filings showing pattern of deception Impact : Their coordinated actions have caused : - Risk of property loss through fraudulent means - Unnecessary legal proceedings - Financial damages from defending false claims - Violation of debt collection rights- Emotional distress - Time lost investigating deception Broader Implications : This case reveals how servicers and their attorneys may : - Create and use false documents - Abuse legal processes - Evade discovery obligations- Coordinate deceptive practices - Violate consumer rights This pattern suggests a systematic scheme to use fabricated documents and legal proceedings to pressure homeowners into payments or property surrender, particularly targeting urban properties with complex servicing histories.

Company response to consumer: Closed with explanation