Summary
If a foreclosure is dismissed in Florida, consider filing a quiet title action to clear any claims against your property. Consult a real estate attorney for tailored advice. If a servicer is involved without a loan, request proof of claim. Report fraudulent claims to local authorities and the Florida Office of Financial Regulation. File a Cease and Desist letter and a complaint with the Consumer Financial Protection Bureau. If harassment continues, consult a consumer protection attorney. A quitclaim deed or trust may not shield you from existing claims. If Wells Fargo confirms no loan, share this with the collection agency. If harassment persists, consider suing for violation of the Fair Debt Collection Practices Act, tortious interference, or fraud.Full Conversation
The the attorney keeps saying they are for a Servicer which is not mentioned in the compliant if there is no loan how can be a Servicer
It seems there might be confusion about the role of a servicer. In general, a servicer manages a loan on behalf of a lender. They can handle payments, even if the lender is not specifically mentioned in your complaint. Legal advice may be needed to clarify this.
No loan to be service
It seems you assert there's no loan to service. Could you provide more details about your situation? Have you ever taken a loan on this property?
No loan is recorded
It seems there's no recorded loan for your property. If the bank or servicer continues to claim otherwise, consider:
- Requesting a proof of claim from the bank or servicer.
- Consulting a real estate attorney to understand your legal options.
- Filing a complaint with your state's Attorney General's office if you suspect fraudulent activity.
The bank is saying no loan the problem is the fraud claim by collection company
It seems you're dealing with a fraud claim by a collection company. Could you provide more details about the claim, and have you reported this to local authorities? This information can help determine your best course of action.
Yes
It's good that you've reported this situation to the authorities. Considering the complexity of the situation, have you also reported the issue to the Florida Office of Financial Regulation? They oversee collection agencies and could provide additional support.
What to file to stop them
In Florida, you can consider filing a Cease and Desist letter to the collection company. Also, submit a complaint to the Consumer Financial Protection Bureau. If you feel harassed, you can file a lawsuit under the Fair Debt Collection Practices Act.
Did that
If you've already taken these steps, you might want to consider consulting with a consumer protection attorney. Have you done this or would you like assistance in finding one in your area?
How about if I quit claim the property to someone else
A quitclaim deed can transfer your property rights to another person. However, it doesn't affect the claims of creditors or collection agencies. Consult with a real estate attorney before proceeding.
How about a trust
Setting up a trust can protect assets, but it may not shield you from existing debts or claims. Trust laws can be complex and vary by state, so consult with a trust and estate attorney in Florida.
If Wells Fargo are saying no loan and they are not foreclosing and if that was the only thing what else l can do to stop them
If Wells Fargo states there's no loan and isn't foreclosing, and the issue is with a collection agency, consider:
- Contacting Wells Fargo for a written statement to dispute the collection agency's claim.
- If harassment continues, consult a consumer protection attorney.
- Report the situation to the Federal Trade Commission (FTC).
Wells Fargo said that in a letter and is filed with the foreclosure case
If Wells Fargo has confirmed this in writing and it's filed with the foreclosure case, have you shared this document with the collection agency? If harassment continues, you may want to consider taking legal action against the agency.
Yes
If you've shared the letter from Wells Fargo with the collection agency and they're still pursuing the claim, it might be time to consult a consumer protection attorney. Have you considered this option?
What should I sue them for
You might consider filing a lawsuit for:
- Violation of the Fair Debt Collection Practices Act.
- Tortious interference with property rights.
- Fraud, if the collection agency knowingly made false claims.
Remember, consult a consumer protection or real estate attorney to discuss your specific situation.
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