2816766
|
2018-02-16
|
Attempts to collect debt not owed
|
Debt collection
|
|
Tags |
Servicemember
|
Issue |
Attempts to collect debt not owed
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Debt was already discharged in bankruptcy and is no longer owed
|
Sub Product |
Mortgage debt
|
Date Received |
2018-02-16
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
N/A
|
Date Sent To Company |
2018-02-16
|
Complaint What Happened |
XX/XX/XXXX Notice of Chapter XXXX Bankruptcy Case, Meeting of Creditor, & Deadlines filed. ( Notice attached ) XX/XX/XXXX Notice of Appearance with request for copies of all orders, notices and pleadings under bankruptcy rules 2002 ( g ) and 9010 ( b ) filed by XXXX XXXX XXXX, XXXX as servicer for the XXXX XXXX XXXX XXXX XXXX XXXX XXXX. ( Notice attached ) XX/XX/XXXX Final bankruptcy Decree received that included referenced mortgage property. ( Letter attached. ) XX/XX/XXXX Received letter from XXXX XXXX XXXX, XXXX stating the following : " This letter was sent to acknowledge that we are in receipt of your request regarding the REO inquiry through correspondence received from XXXX XXXX. '' -I did not make this request and sent a certified letter, with return receipt, stating the property had been surrendered in a chapter XXXX bankruptcy with all of the applicable filing information. ( Letter attached. ) XX/XX/XXXX Received NOTICE OF OWNERSHIP CHANGE from XXXX XXXX XXXX, XXXX stating that the mortgage account had been transferred. ( Notice attached ) XX/XX/XXXX-XX/XX/XXXX Several invitations to pay and miscellaneous notices from " XXXX XXXX '' received .
XX/XX/XXXX Debt validation notice received from Gross Polowy LLC.
-XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and ALL of its servicers are well aware that this property was discharged in the bankruptcy.
|
Consumer Consent Provided |
Consent provided
|
|
2580901
|
2017-07-21
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
Issue |
Took or threatened to take negative or legal action
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Seized or attempted to seize your property
|
Sub Product |
Mortgage debt
|
Date Received |
2017-07-21
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
N/A
|
Date Sent To Company |
2017-07-21
|
Complaint What Happened |
Thank you for fielding my previous complaint against XXXX, XXXX XXXX XXXX and their attorneys, XXXX XXXX XXXX XXXX XXXX. The bank, in addition to the attached and incorporated response to your office, sent the change in address to XXXX XXXX XXXX address in New Jersey, and to the attention of the special unit, as addressed on the copy I have provided, also attached and incorporated as my proposed updated complaint. In the alternative, please consider this correspondence as a new complaint against the parties contained in the correspondence, additionally attached and incorporated. I had not heard from the bank or their attorneys after receiving their responses from your office. In XX/XX/XXXX I received the attached and incorporated post card notice, under envelope return addressed at XXXX XXXX XXXX XXXX XXXX address. Then in XXXX I received the attached Validation Notice from Gross Polowy LLC Attorney XXXX XXXX, XXXX, on behalf of XXXX XXXX and post marked XX/XX/XXXX. I responded to the letter by sending a written request for substantiation/qualified written request on XX/XX/XXXX. The Notice of Auction letter was sent XX/XX/XXXX and I responded with the Notice of Grievance and Error, all attached and incorporated by reference. It is my position that the documentation mentioned above is evidence of knowing and egregious violations of Federal and New York State Debt Collection Procedure, RESPA and TILA, and contains false and misleading statements, simulations of legal or judicial process and sanctionable ethical and professional misconduct. I hope that your office can assist or mediate in interrupting their wrongful actions.
|
Consumer Consent Provided |
Consent provided
|
|
1401980
|
2015-06-02
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Other mortgage
|
Date Received |
2015-06-02
|
Submitted Via |
Referral
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2015-06-04
|
Consumer Consent Provided |
N/A
|
|
7139087
|
2023-06-19
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
Issue |
Took or threatened to take negative or legal action
|
Timely |
No
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Sued you without properly notifying you of lawsuit
|
Sub Product |
Mortgage debt
|
Date Received |
2023-06-19
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
N/A
|
Date Sent To Company |
2023-06-19
|
Consumer Consent Provided |
Consent not provided
|
|
9824520
|
2024-08-16
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
Issue |
Took or threatened to take negative or legal action
|
Timely |
No
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Threatened to sue you for very old debt
|
Sub Product |
Mortgage debt
|
Date Received |
2024-08-16
|
Submitted Via |
Referral
|
Company Response |
Closed with explanation
|
Consumer Disputed |
N/A
|
Date Sent To Company |
2024-08-16
|
Consumer Consent Provided |
N/A
|
|
2241038
|
2016-12-08
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Conventional fixed mortgage
|
Date Received |
2016-12-08
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2016-12-09
|
Complaint What Happened |
Agent of Gross Polowy, LLC showed up at a house I own and handed papers to my tenant that were faked regarding my mortage. They had gone on the internet to print out recordning documents from my original purchase to make it look real. Tenant thought they were being served foreclosure papers. The cover sheet was made to look like an official court document but the bank named as the plaintiff DOES NOT OWN THE MORTGAGE. I verified this with my current bank just to be sure. It would appear that they were trying to scare me into making payments to them which they would then pocket. This has created a problem with my tenant and is an illegal practice. I filed a report with the local police department. When I tried to call them on this all of a sudden everyone was not available!
|
Consumer Consent Provided |
Consent provided
|
|
2376094
|
2017-03-07
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Conventional fixed mortgage
|
Date Received |
2017-03-07
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2017-03-09
|
Consumer Consent Provided |
Consent not provided
|
|
1270926
|
2015-03-06
|
Disclosure verification of debt
|
Debt collection
|
|
Issue |
Disclosure verification of debt
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Not given enough info to verify debt
|
Sub Product |
Other (i.e. phone, health club, etc.)
|
Date Received |
2015-03-06
|
Submitted Via |
Referral
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2015-03-20
|
Consumer Consent Provided |
N/A
|
|
2110303
|
2016-09-13
|
Communication tactics
|
Debt collection
|
|
Issue |
Communication tactics
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Threatened to take legal action
|
Sub Product |
Other (i.e. phone, health club, etc.)
|
Date Received |
2016-09-13
|
Submitted Via |
Postal mail
|
Company Response |
Closed
|
Consumer Disputed |
No
|
Date Sent To Company |
2016-09-15
|
Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
Consumer Consent Provided |
N/A
|
|
8373560
|
2024-02-19
|
False statements or representation
|
Debt collection
|
|
Issue |
False statements or representation
|
Timely |
No
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Attempted to collect wrong amount
|
Sub Product |
Mortgage debt
|
Date Received |
2024-02-19
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
N/A
|
Date Sent To Company |
2024-02-19
|
Complaint What Happened |
This Complaint should be taken in conjunction with Complaint # XXXX.
This debt collection law firm- Gross Polowy- violated the FDCPA multiple times over the course of the past few years during litigation of a foreclosure matter they were asked to handle on behalf of their client, XXXX ( the subject of the above-referenced complaint # ) During the course of the litigation, multiple associates of the firm filed pleadings containing their own affidavits, of affidavits of others containing allegations they knew to be untrue OR, alternatively, were filed with a reckless disregard for the truth of the matters asserted.
The firm filed a foreclosure action alleging I did not pay the XXXX, 2019 mortgage payment. What the firm did not tell the court was that they had express knowledge that I had tried to pay the mortgage in a timely manner, but that their client, XXXX, refused to talk to me about the mortgage and refused to take my money when I called to pay. When this firm filed a foreclosure action they knew -- shortly after my Answer was filed -- tht the lawsuit was not being maintained in good faith. They had an obligation to ensure that what I alleged in my defense - that XXXX would not accept my payments- was true. If the firm had, in fact, conducted a review of the evidence before or during the litigation, the firm would have possession of evidence ( in the form of the telephone recordings ) that they continued the litigation in bad faith. I do not believe it is a defense to claim they didn't know and simply bury their heads in the sand in order to avoid looking at evidence.
For reasons unknown to me, the judge in the case refused to force XXXX to respond to discovery requests, thus allowing XXXX and Gross Polowy to keep secret that the whole case against me was a fraud from the start. The house was sold at foreclosure already, but it's important for this agency to know what this collection law firm was willing to do in order to " win '' for their client.
|
Consumer Consent Provided |
Consent provided
|
|
2264815
|
2016-12-27
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Other mortgage
|
Date Received |
2016-12-27
|
Submitted Via |
Web
|
Company Response |
Closed with explanation
|
Consumer Disputed |
Yes
|
Date Sent To Company |
2016-12-28
|
Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
Complaint What Happened |
This complaint is against Gross Polowy LLC who filed a summons and complaint against me and others in the Supreme Court of XXXX New York on XX/XX/2016. Gross Polowy identified itself as 1 ) attorneys for The Plaintiff, identified as XXXX, AS TRUSTEE, SUCCESSOR IN INTEREST TO XXXX, AS TRUSTEE FOR XXXX 2005-A6 ; and 2 ) representing as the creditor the entity with the same name as the Plaintiff ; and 3 ) a debt collector. The correspondence from Gross Polowy signed by XXXX, Esq. stated, " If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. '' Gross Polowy Also sent a VALIDATION NOTICE-THIS IS NOT A PAYOFF STATEMENT, undated, to XXXX and XXXX. The notice stated, " This office represents the above named creditor. Please be advised that " a claim in the amount of {$380000.00} ... has been referred to us. '' The letter went on to list itemized unverified amounts including, Principal Amount, Interest, Late charges, Included Inspection Fees, Escrow items advanced on your behalf, BPO Valuations, equal to the above claimed amount. The notice also gave us 30 days to dispute the validity of the debt or any portion thereof, or it would assumed by Gross Polowy to be valid.
On XX/XX/2016 we sent a letter to XXXX ( attached ) denying the debt in its entirety and denying that Gross Polowy had any authority to commence the lawsuit or the collection threats.
We have been advised in writing on multiple occasions, by XXXX, as Trustee, their named Plaintiff, that XXXX is merely the trustee for the Trust which owns the mortgage and note ; and that XXXX has no authority over, or responsibility for, overseeing mortgage servicers or their agents and attorneys. Further, XXXX denies any " discretion or authority in the foreclosure process '' and they have stated emphatically directly to us that they have no role in initiating the foreclosure process. We advised XXXX of these facts by way of a letter sent U.S. Priority Mail XXXX. We also filed a response on XX/XX/2016, with the court, to timely raise objections. Documentary evidence which we have obtained indicates that XXXX is using the name XXXX, etc. as a named plaintiff in the case which is fictitious.
In their Certificate of Merit which is required by law in New York, Gross Polowy said they reviewed the facts of the case and documents ( including a lost note affidavit stating the alleged note was lost more than eleven years ago ). Gross Polowy also affirmed to the court that they are the attorney for Plaintiff in the action, and that XXXX, Esq. had " consulted about the facts of this case with the following representative of Plaintiff : Name XXXX, Title, Foreclosure Specialist. '' He went on to " certify that there is a reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforce rights under these documents. '' All of the above statements by Gross Polowy are false and a gross misrepresentation of the facts. We have been informed by XXXX, as recently as XX/XX/2016 that U.S. Bank is " not the lender or servicer for this property, and have no involvement with the foreclosure process. '' We have also been informed that XXXX is not an employee or representative of XXXX, as stated in the Certificate on Merit dated XX/XX/2016.
|
Consumer Consent Provided |
Consent provided
|
|
2161361
|
2016-10-14
|
Disclosure verification of debt
|
Debt collection
|
|
Issue |
Disclosure verification of debt
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Debt collection
|
Sub Issue |
Not given enough info to verify debt
|
Sub Product |
Mortgage
|
Date Received |
2016-10-14
|
Submitted Via |
Postal mail
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2016-10-18
|
Consumer Consent Provided |
N/A
|
|
2165153
|
2016-10-17
|
Other
|
Mortgage
|
|
Issue |
Other
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Other mortgage
|
Date Received |
2016-10-17
|
Submitted Via |
Postal mail
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2016-10-19
|
Consumer Consent Provided |
N/A
|
|
2389844
|
2017-03-16
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Other mortgage
|
Date Received |
2017-03-16
|
Submitted Via |
Referral
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2017-03-20
|
Consumer Consent Provided |
N/A
|
|
2360188
|
2017-02-24
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Other mortgage
|
Date Received |
2017-02-24
|
Submitted Via |
Referral
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2017-03-01
|
Consumer Consent Provided |
N/A
|
|
2171505
|
2016-10-20
|
Loan modification,collection,foreclosure
|
Mortgage
|
|
Issue |
Loan modification,collection,foreclosure
|
Timely |
Yes
|
Company |
Gross Polowy LLC
|
Product |
Mortgage
|
Sub Product |
Other mortgage
|
Date Received |
2016-10-20
|
Submitted Via |
Referral
|
Company Response |
Closed with explanation
|
Consumer Disputed |
No
|
Date Sent To Company |
2016-10-24
|
Consumer Consent Provided |
N/A
|
|