Livinglies's Weblog

It occurs to me that most homeowners and most consumers who think they are installment payment contracts could send the following example of a letter I recently proposed to a client. If many homeowners and other consumers of financial products did this, it would raise the level of awareness in government and might even produce some interesting results.

I think a letter like the following should be sent to your US Postal inspector: (may be also FTC complaint)

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Dear Sir:

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I am being victimized by a scheme that involves false impersonation and false agency on claims that do not exist. I am receiving correspondence and notices on PHH Mortgage letterhead on various matters, but it is apparent that PHH does not have any knowledge of these notices, has not authorized them and did not send them.

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Further, the notices and correspondence make reference to some nonexistent claims. In one case, they are even giving me a false “Claim number”  that is neither processed nor monitored by PHH. However, PHH has given permission to undisclosed third parties (FINTECH companies) to use the PHH name to cover illegal activities. They are being paid for this license to use their name.

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Attached are exhibits showing this pattern of conduct involving the use of the PHH name in several instances with me. Some refer to an actual transaction that occurred earlier that is now expired.

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To be clear, no unpaid loan account or any account receivable due from me exists on the books of any creditor/claimant.

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None of the disclosed parties has any legal or equitable authority to administer, collect or enforce any obligation from me.

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All parties who were involved in any transaction involving me as a promisor or maker under a note have been paid in full or otherwise satisfied in full. None of them claim any underlying obligation or legal debt owed by me.

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However, false agents like PHH claim to represent other actors, who falsely claim the third parties own a debt due from me. The FINTECH companies, under the PHH letterhead, merely create or use a name of a nonexistent entity that has no right, title or itnerest in any of the implied events or parties.

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Attempts to obtain an acknowledgment from such falsely named creditors have been rebuffed, meaning that they know the claim is being made, but they refuse to acknowledge that it is being done with their permission. Since they refer me and other hoemowners and consumers to the named servicer, PHH, it is apparent that are completely aware of the scheme.

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I have contacted hundreds of other homeowners and tenants who have experienced the same scheme. This needs to be addressed before more of them agree to “settlements” on claims that do not exist. They do so out of ignorance, fear, intimidation, and exhaustion.

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The perpetrators of this scheme have endlessly deep pockets. It resembles other scams like sending out false invoices to businesses in amounts under the threshold for researching the invoice’s validity. The businesses pay because it is less expensive than either rejecting the invoice or researching it.

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This is precisely within your mandate to investigate and prosecute false claims that use the USPS to commit interstate fraud. And it is right that you should do so. Forcing individual consumers to litigate these issues is putting an unconscionable burden on them — spending tens of thousands of dollars in litigation fees and costs is simply impossible for most of these victims.

Filed under: foreclosure |