|
6763193
|
2023-03-28
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Debt collection
|
| Sub Issue |
Debt was already discharged in bankruptcy and is no longer owed
|
| Sub Product |
Mortgage debt
|
| Date Received |
2023-03-28
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-03-28
|
| Complaint What Happened |
XXXX XXXX has been harassing me, sending me false statements since XXXX of XXXX. This was my second mortgage servicing company.
This is past the statute of limitations and they have violated several federal consumer protection laws, including the Fair Debt Collection Practices Act and the Truth in Lending Act as well as state consumer protection law.
I sent them a cease and desist letter XX/XX/XXXX, through email and told them to contact my attorney. They know I'm in a lawsuit with the lender ( zombie mortgage ).
However, they are now sending a monthly false statement after not sending monthly ( periodic ) statements for 13 years. The statute of limitations in Florida is 5 years past default.
In XX/XX/XXXX, they added an additional {$30000.00}. In XXXX, they added an additional {$10000.00}. The loan was charged off in XX/XX/XXXX and the loan holders are not entitled to interest payments stemming from the years when I did not receive periodic statements. In addition, the note was canceled in XX/XX/XXXX and reduced to a judgment. It forced me into bankruptcy since I was a single mother with low income.
" Amendments to the TILA periodic statement rule were designed to prevent the surprise appearance of a long-dormant second mortgage together with unexpected claims for years of accrued interest and fees. ( Reg. Z, 12 C.F.R. 1026.41, implementing 15 U.S.C. 1638 ( f ) ). Under the rule, servicers must keep borrowers informed about the status of a second mortgage, including whether it has been charged-off or re-activated for collection, as well as who currently owns the loan and how to contact appropriate parties for up-to-date information. The rule requires heightened periodic statement disclosures when the loan is in arrears. TILAs Periodic Statement Rule and the Bar on Collection of Interest and Fees on Charged-Off Mortgages. '' ( NCLC ) They DID NOT do that, plus the note doesn't exist!
Their harassment is causing me much XXXX, more financial issues, sleepless nights and health issues. They, and others like them, are harassing people who have survived the last XXXX XXXX, covid, losing many loved ones, the current inflation and they want to steal our homes. The banks caused the last recession with unfair and deceptive tactics and now they're doing it again. They hit mostly low income struggling families who can't afford to fight them and will lose their homes, health and maybe even life.
|
| Consumer Consent Provided |
Consent provided
|
|
|
3179439
|
2019-03-14
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Debt collection
|
| Sub Issue |
Threatened to sue you for very old debt
|
| Sub Product |
Mortgage debt
|
| Date Received |
2019-03-14
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2019-03-14
|
| Consumer Consent Provided |
Consent not provided
|
|
|
776099
|
2014-03-25
|
Loan servicing, payments, escrow account
|
Mortgage
|
|
| Issue |
Loan servicing, payments, escrow account
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Other mortgage
|
| Date Received |
2014-03-25
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
No
|
| Date Sent To Company |
2014-03-24
|
| Consumer Consent Provided |
N/A
|
|
|
479309
|
2013-07-31
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
| Issue |
Loan modification,collection,foreclosure
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Other mortgage
|
| Date Received |
2013-07-31
|
| Submitted Via |
Referral
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
No
|
| Date Sent To Company |
2013-09-26
|
| Consumer Consent Provided |
N/A
|
|
|
9962763
|
2024-08-20
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Issue |
Foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-08-20
|
| Submitted Via |
Referral
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-08-29
|
| Consumer Consent Provided |
N/A
|
|
|
2896377
|
2018-05-04
|
Struggling to pay mortgage
|
Mortgage
|
|
| Tags |
Older American
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2018-05-04
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2018-05-09
|
| Complaint What Happened |
I bought a XXXX condo in XXXX. First mortgage {$140000.00}, 8.25 % from XXXX, 2nd mortgage XXXX, 13.35 % From XXXX in XXXX. I had XXXX small children and our apartment was converting to condo and out of my price range. My credit at the time was fair. I had been living in the US Virgin Islands for 7 years. Within months of buying the place, the financial crisis occurred and BOTH lenders were out of business. My 1st mortgage went to XXXX ( XXXX ) and lowered to 3.75. Thank you. My second loan ended up on the desk of Franklin Credit Management Corp of XXXX XXXX NJ. I was current on both loans and remained that way until ... .. In XXXX or XXXX, Franklin calls me and says we are lowering your interest rate to 4 % for the next 12 months. Why ... I asked myself. I was not behind on my loan.. What happens after 12 months? They said, We'll extend it for another 12 months ... ... ..that never happened. After 12 months, they called me said, OK now we go back to 13.35 % ... ... and I said No ... ... I told them I did not want the home for free but I would like a FAIR interest rate ... ... .they took my financial information over the phone, turned me down for loan modification on the call and I believed I was being taken advantage of ... ... .I believe they lowered my interest rate to 4 % because there were being audited and interested in getting my 13.35 % loan off their books. After the audit, business as usual, back to 13.35 %. I am digging to find proof of that audit ... .If that fact is true, they lied to me AND to the auditors of the Federal Government ( or State, I am not sure ). Long story short, I have not paid them a dime since the day they refused to consider a loan modification, asking for financials over the phone and making a decision without a written application appears to me haphazard and unprofessional.. The conversation is on a recording in their log. THEY were the one 's recording the call for quality assurance. I was current on BOTH loans at this point.
I believe both my original loans in XXXX were excessive, however, I signed with the intent to refinance after 12 months. I was not the cause of the financial crisis but XXXX and XXXX, and continuing Franklin Credit, were playing the game. XXXX immediately lowered my 1st mortgage rate voluntarily, and my second mortgage servicer, Franklin Credit Management Corp, should either return all funds paid to them by me under a predatory original 2nd loan bought from XXXX, be forced to modify my loan, and/or move to drop the foreclosure matter. The investors of my 2nd mortgage are XXXX and XXXX. I have never done business with them directly. Their names are on the foreclosure papers.
I would appreciate any help or guidance you can afford me in this matter. I am fighting for my home and protection of my family. Also, my 2nd mortgage loan is not on my credit report.
|
| Consumer Consent Provided |
Consent provided
|
|
|
4533393
|
2021-07-11
|
Trouble during payment process
|
Mortgage
|
|
| Tags |
Older American, Servicemember
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2021-07-11
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2021-07-11
|
| Complaint What Happened |
Initial loan amount XXXX +/-, 11.5 % interest rate, 2nd mortgage, closed in XX/XX/XXXX. Been after Franklin for yrs to help modify the mortgage. I have a mountain of documents, never went anywhere ... .The loan changed hands a few times so dont know the original lender. My letter to the State of Oregon is below.
Dear Staff, Hope this email gets to you. I'm having a difficult time with Franklin Financial in modifying my 2nd mortgage on the Oregon home that I purchased in XXXX. I was in the mortgage business that went south in XXXX to XXXX and lost everything ; given the terms of the BK judgment agreement, had to liquidate any assets I held. After BK, my source of income was SS and a XXXX from XXXX XXXX XXXX. The XXXX XXXX XXXX modified my mortgage but was unable to do so with Franklin. At one point I believed we had a mortgage modification agreement. I dont remember the original lender of my 2nd mortgage that Franklin Financial no owns. The interest rate is 11.5 %, crazy in todays financial world.
In XXXX I elected to move to FL due to health issues and the wife at the time insisted we move. The mortgage holder for my home in FL modified my mortgage, which is current to this day. Staff, I am XXXX years old and now a single dad and raising my twins that are XXXX years old. The wife had medical issues and left the family in XXXX.
I dont work as I care for the kids. Im a XXXX XXXX the VA has classified and 80 % disable, I have war related issues ; Im not crazy or violent.
The home is rented now, and the renter has Covid 19 financial difficulties as the rest of us do. I cant throw him out on the street with a wife and child ( ren ). All I seek is for Franklin Financial, in the spirit of President Obamas Making Home Affordable legislation, to modify my mortgage. 11.5 % interest, even today and back in XXXX is totally unnecessary. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fl XXXX XXXX, NJ XXXX Loan No. XXXX Phone for Franklin XXXX Or XXXX, XXXX XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
270735
|
2013-01-29
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
| Issue |
Loan modification,collection,foreclosure
|
| Timely |
No
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Conventional fixed mortgage
|
| Date Received |
2013-01-29
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
No
|
| Date Sent To Company |
2013-01-29
|
| Consumer Consent Provided |
N/A
|
|
|
1477203
|
2015-07-17
|
Credit decision / Underwriting
|
Mortgage
|
|
| Issue |
Credit decision / Underwriting
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Conventional fixed mortgage
|
| Date Received |
2015-07-17
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
Yes
|
| Date Sent To Company |
2015-07-23
|
| Complaint What Happened |
Past 7 years and was already removed from credit report and now has been added back to credit report with incorrect dates.
|
| Consumer Consent Provided |
Consent provided
|
|
|
2037607
|
2016-07-30
|
Cont'd attempts collect debt not owed
|
Debt collection
|
|
| Issue |
Cont'd attempts collect debt not owed
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Debt collection
|
| Sub Issue |
Debt resulted from identity theft
|
| Sub Product |
Mortgage
|
| Date Received |
2016-07-30
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
No
|
| Date Sent To Company |
2016-07-30
|
| Complaint What Happened |
XX/XX/XXXX, a representative from Franklin Credit came to my house around XXXX. She asked my name and stated that she had a letter for me. I informed her that on the letter my name was spelled incorrectly. She asked for the correct spelling and wrote it on a piece of paper. She stated that the letter was regarding a property that I had defaulted on. I told her that the only property I 've ever owned is the one that I currently reside in. I told her that I did not want to accept the letter since my first name was spelled incorrectly. I told her that I was unaware of the debt because I had been the victim of identity theft years ago. She told me to contact the company to have the matter rectified.
The letter only contained a note instructing me to call a XXXX number. I called the number repeatedly and it would ring one or two times, then there was an automated prompt, after which the line would disconnect. No one ever answered. A week later I received a certified letter from them detailing the alleged debt I owed from an outstanding promissory note from XX/XX/XXXX.
I contacted the company and they attempted to try to set me up on a payment plan. I informed them that I was the victim of identity theft and that the IRS and credit bureaus were aware of the fraud. They said they would make note of it on the account. I heard nothing about it for months.
On XXXX XXXX, a man identifying himself as a sheriff arrived at my house after XXXX. I was served a summons initiated from the company Franklin Credit claimed to be servicing the debt for ( XXXX XXXX XXXX XXXX XXXX ) and give me 20 days to reply with a written response.
After reviewing the summons and the claims made, there were inconsistencies that I repeatedly pointed out during this process. The incorrect spelling of my first name on the promissory note, in addition to the inconsistencies with my signature are all points that I made in my response.
At the alleged time of the note, I was a full-time student at a university and also working part-time at that university while living on dorm. I was dependent on my wages and student loans at that time. I informed the representatives that I did n't even qualify for a personal loan at that time, so I know I did n't qualify for a mortgage.
Unfortunately, my repeated attempts to get the matter rectified has remained unresolved. In fact, the office of the attorney for the plaintiff contacted me to say that they would be proceeding with the lawsuit against me. Despite them requesting my identification, they acknowledged that my first name was spelled incorrectly on all documents, including the notarized promissory note and continued to state that the signature " somewhat '' matched mine.
I feel as if they are trying to take advantage of me. They are applying many different tactics and trying to force me to pay a debt that is n't mine.
|
| Consumer Consent Provided |
Consent provided
|
|
|
3266196
|
2019-06-06
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Other type of mortgage
|
| Date Received |
2019-06-06
|
| Submitted Via |
Postal mail
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2019-06-06
|
| Consumer Consent Provided |
N/A
|
|
|
3171426
|
2019-03-06
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2019-03-06
|
| Submitted Via |
Postal mail
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2019-03-06
|
| Consumer Consent Provided |
N/A
|
|
|
95501
|
2012-06-05
|
Other
|
Mortgage
|
|
| Issue |
Other
|
| Timely |
Yes
|
| Company |
Franklin Credit Management Corporation
|
| Product |
Mortgage
|
| Sub Product |
Other mortgage
|
| Date Received |
2012-06-05
|
| Submitted Via |
Postal mail
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
No
|
| Date Sent To Company |
2012-06-13
|
| Consumer Consent Provided |
N/A
|
|
