FINAL NOTICE OF MATERIAL BREACH AND DEMAND FOR CURE
Re: Loan No. XXXXXX3079
To: LoanCare, LLC (as alleged sub-servicer) and Lakeview Loan Servicing, LLC (alleged principal)
You are hereby placed on FINAL NOTICE concerning your repeated failure to respond in substance to the lawful Qualified Written Request (QWR) submitted on or about July 8, 2025, and the follow-up correspondence requesting clarification. Your response, dated July 28, 2025, constitutes a non-responsive, bad faith form designed to falsely associate the undersigned with legal positions that were never asserted.
NO LAWFUL STANDING SHOWN
Nowhere in your correspondence have you provided lawful evidence of:
1. A valid and current assignment of servicing rights recorded in the county of jurisdiction (County of Jefferson, State of Colorado) as required under the Truth in Lending Act and RESPA, pursuant to Public Law 93-533 (88 Stat. 1724).
2. Proof of lawful authority to collect, absent evidence of ownership, custodial authority, or beneficial interest in the mortgage loan instrument or deed of trust.
3. An executed agency relationship demonstrates that Lakeview Loan Servicing, LLC has delegated legal collection authority to LoanCare, LLC with full disclosure to the borrower.
You are neither a party to the deed, the mortgage, nor the original promissory note, and no recorded evidence exists placing you in lawful privity of contract. Your ongoing attempts to collect under color of law constitute a breach of fiduciary duty and violate the Fair Debt Collection Practices Act under colorable agency.
CREDIT REPORTING AND COLLECTION THREATS DURING PENDING QWR
Be advised: your assertion of "late payment" while a Qualified Written Request remains open and unresolved is a direct violation of the RESPA Act as enacted in Public Law 93-533, §6(e), and constitutes a willful act of consumer harm if reported to any credit agency or used to initiate collection or foreclosure activity.
Additionally, it is hereby placed on record that Pamela Zambo, Senior Client Liaison Officer, has never returned a phone call or voicemail, despite repeated attempts. No representative of Lakeview Loan Servicing or LoanCare has responded by telephone in good faith. Furthermore, the so-called "Office of the Customer" is, to my knowledge, a non-existent and fictitious entity, used as a facade for correspondence without lawful or verifiable accountability. This further demonstrates that your operations are not transparent, not accountable, and not in compliance with statutory requirements for mortgage servicing communication.
YOU ARE HEREBY ORDERED TO CEASE AND DESIST:
1. Cease all collection attempts related to Loan No. XXXXXX3079 until all issues raised in the QWR are lawfully addressed.
2. Provide full accounting of all payment transfers, custodial chains, MERS filings, and executed powers of attorney or servicing agreements between Lakeview Loan Servicing and LoanCare, LLC.
3. Disclose the actual name of the investor or trust holding the beneficial interest in the promissory note, if any.
4. Provide a certified copy of the original wet-ink promissory note and full assignment history of the deed of trust.
5. Issue written confirmation that no derogatory reporting will be made to any consumer reporting agency while this matter is under review.
FORMAL NOTICE OF ESTOPPEL
Be advised that your continued silence and failure to produce lawful evidence as demanded herein constitutes a material default. Under the established doctrine of estoppel, you are now barred from asserting any future claim of authority to enforce, collect, or foreclose with respect to Loan No. XXXXXX3079. Estoppel arises where a party, by omission or refusal, prevents itself from later contradicting that silence to the prejudice of another. Accordingly, absent a timely and lawful cure, you shall be estopped from introducing any belated assignment, note, or servicing authority that was not produced within the period provided in this notice.
Failure to comply within fifteen (15) days shall result in:
- A formal estoppel of your right to enforce, claim, or collect;
- A complaint filed with the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC);
- A private right of action for damages under Public Law 93-533, §6(f).
This correspondence is made without waiver, without prejudice, and under full reservation of rights under the Constitution for the United States of America, Article I, Section 10, and Public Law 88-244 (77 Stat. 630) as it pertains to contracts and obligations. read more