Product: Debt collection

On XX/XX/XXXX, my late husband and I executed a sub-prime / adjustable interest rate refinance mortgage loan transaction wherein XXXX XXXX XXXX XXXX ( " XXXX  XXXX  '' ) designated itself the lender, my late husband was the sole obligor who executed a promissory note, and we both executed a mortgage instrument wherein Mortgage Electronic Registration Systems , Inc. ( " MERS '' ) as the alleged nominee for XXXX  XXXX   was declared the " mortgagee ''. 

In XXXX of XXXX, XXXX XXXX  became a Chapter XXXX Bankruptcy Debtor in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX, at which time, the local land records were void of any instruments asserting a transfer and assignment of my mortgage loan for MERS as the alleged nominee for XXXXXXXX XXXX remainedthe purported mortgagee of record. A true copy of XXXX XXXX XXXX bankruptcy petition is annexed hereto as Exhibit A. 

On XX/XX/XXXX, the Chapter XXXX Trustee for XXXX XXXX XXXX  bankruptcy filed a rejection of executory contracts to cancel any agreements betweenthe debtor, XXXX XXXX. ( " XXXX   '' ) and the latter 's subsidiary MERS. A true copy of XXXXXXXX XXXX XXXX rejection of executory contracts with XXXX and MERS is annexed hereto as Exhibit B. 

In XXXX of XXXX, Litton Loan Servicing, LP ( " Litton Loan '' ) as our mortgage servicer instructed us to become delinquentin order to qualify for a loan modification being our payments had increased due to the adjustable interest rate. In good faith, my late husband and I followed Litton Loan 's  instructions by missing the payment due XX/XX/XXXX and thereafter. 

Instead of modifying our loan upon us following instructions to become delinquent, Litton Loan initiated foreclosure proceedings by complaint filed XX/XX/XXXX in the Superior Court of New Jersey under Docket No. : XXXX, on the same day my husband departed this life, by asserting that : ( 1 ) because of the default on XX/XX/XXXX, Litton elected to nullify the original maturity date of XX/XX/XXXX by accelerating the total principal sum with interest declared due pursuant to N.J.S.A. 46:9-6 as of XX/XX/XXXX and ( 2 ) MERS as the alleged nominee for XXXX  XXXX   assigned our mortgage loan on XX/XX/XXXX, after XXXX  XXXX  entered bankruptcy in XX/XX/XXXX and after XXXX  XXXX   cancelled its executory contracts with XXXX and MERS in XX/XX/XXXX. A true copy of the foreclosure complaint filed in the Superior Court of New Jersey under Docket  No. XXXX by Litton Loan on XX/XX/XXXX, the same day my husband died, is annexed hereto as Exhibit C. 

Towards the end of XX/XX/XXXX, I was able to negotiate a trial modification with Litton Loan wherein the latter required that I make three equal payments of approximately {$1900.00} each, starting XX/XX/XXXX through XX/XX/XXXX, in order to receive a permanent modification. As displayed within Exhibit D, I fulfilled my obligation by making the payments demanded by Litton Loan towards the trial period modification for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, and Litton Loan breached its promise to provide me with a permanent modification. In total, Exhibits D through M, displayed where I tendered approximately {$21000.00} in payments to Litton Loan for the months of XX/XX/XXXX through XX/XX/XXXX, with at least approximately {$16000.00} in payments being cashed by Litton Loan and the latter refused to provide me with a permanent modification. 

In XXXX of XXXX, Ocwen Loan Servicing, LLC ( " Ocwen '' ) became the servicer for my mortgage loan and maintained the aforementioned foreclosure action under Docket No. XXXX without de-accelerating my mortgage loan because of the default as of XX/XX/XXXX as declared within the complaint filed on XX/XX/XXXX, the same day my husband died ( See Exhibit C ). 

In XXXX of XXXX, Ocwen caused the first foreclosure action under Docket No. XXXX to be voluntarily dismissed as displayed within Exhibit N annexed hereto. 
On XX/XX/XXXX, Ocwen entered into a consent judgment with the CFPB and 49 State Attorneys General to prohibit Ocwen 's further engagement in unfair, deceptive and unlawful servicing and foreclosure practices cited in the civil complaint filed asConsumerFinancial Protection Bureau, et al. v. Ocwen Loan Servicing, et al. ( CaseNo. 13-cv-2025-RMC )  in the U.S. District Court for the District of Columbia. 
On XX/XX/XXXX, Ocwen violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a second falsely uttered - falsely signed - forged - falsely notarized instrument titled " Assignment of Mortgage New Jersey '' annexed hereto as Exhibit O, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by Ocwen. 

On XX/XX/XXXX, Ocwen further violated the aforementioned consent judgment upon commencing a second foreclosure action in the Superior Court of New Jersey under Docket No. XXXX, a copy of which is annexed hereto as Exhibit P, wherein : ( 1 ) my mortgage loan was already time-barred from foreclosure upon the acceleration pursuant to N.J.S.A. 46:9-6 upon commencing the first foreclosure action on XX/XX/XXXX under Docket No. XXXX ( See Exhibit C ) that was dismissed in XXXX of XXXX ( See Exhibit N ) ; ( 2 ) Ocwen recited two falsely uttered - falsely signed - forged - falsely notarized instruments misrepresented to be assignments of my mortgage ; and ( 3 ) Ocwen falsely asserted a default occurred as of XX/XX/XXXX, contradicting the first foreclosure action setting forth a default as of XX/XX/XXXX, falsely implying payments were made for the months of XX/XX/XXXX through XX/XX/XXXX, and concealing approximately {$21000.00} in payments that I tendered and forwarded to Ocwen 's predecessor / affiliate company Litton Loan from XX/XX/XXXX through XX/XX/XXXX ( See Exhibits D through M ), wherein at least approximately {$16000.00} was cashed. 

On XX/XX/XXXX, Ocwen violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a third falsely uttered - falsely signed - forged - falsely notarized instrument titled " Corporate Assignment of Mortgage '' annexed hereto as Exhibit Q,  consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by Ocwen. 

On XX/XX/XXXX, PHH Mortgage Corporation ( " PHH '' ) entered into a consent judgment with 49 State Attorneys General to prohibit PHH 's further engagement in unfair, deceptive and unlawful servicing and foreclosure practices cited in the civil complaint filed asState of Alabama, et al. v.PHH Mortgage Corporation ( Case No. 1:18-cv-00009-TFH ) in the U.S. District Court for the District of Columbia . 
On XX/XX/XXXX, PHH violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a second falsely uttered - falsely signed - forged - falsely notarized instrument titled " Assignment of Mortgage New Jersey '' annexed hereto as Exhibit R, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by PHH and or its affiliate company Ocwen. 

To present date, XXXX, XXXX ( " XXXX '' ), PHH and XXXX XXXX ( " XXXX  '' ) are illegally maintaining foreclosure against my home by seeking enforcement of an already time-barred mortgage loan, while concealing approximately {$21000.00} in payments that I tendered as of XX/XX/XXXX through XX/XX/XXXX ( See Exhibits D through M ), and using the aforementioned false and forged evidence along with a counterfeit note instrument annexed hereto as Exhibit S, wherein a separate page displays an undated stamp and forged signature of " XXXX XXXX '' whose varying signatures and unoriginal stamps were mentioned inthe Florida Office of theAttorney General Economic Crimes Division titled Unfair, Deceptive AndUnconscionable Acts In Foreclosure Cases ( Id. at Page 61-62 of 98 ). 

Furthermore, despite receiving at least three FDCPA validation letters and Qualified Written Request dating back to XX/XX/XXXX through XX/XX/XXXX, XXXX, PHH, Ocwen and XXXX  have either : ( 1 ) failed to response as required by applicable laws ; and / or ( 2 ) provided incomplete and or false responses in violation of applicable laws. 
Additionally, by order entered by the U.S. Bankruptcy Court for the District of Delaware on XX/XX/XXXX in Case No. XXXX that is annexed hereto as Exhibit T, the Trustee for XXXX XXXX XXXX bankruptcy was directed to forward me certain documents that I requested prior to their destruction. In return, I received several documents including, but not limited to, a " Telephone Verification of Employment '' and " Underwriter 's Income Analysis for Full Docs '' for my husband that was falsified by XXXX  XXXX  and / or its successors upon falsely declaring my husband 's income earned was {$9600.00} a month and {$110000.00} a year for XXXX which was extremely exaggerated and false, and XXXX XXXX  and / or its successors further falsified the loan application by including my earnings for XXXX and XXXX even though I was a non-obligor. A copy of the falsified income documents received from XXXX XXXX XXXX  bankruptcy trustee in the year XXXX is annexed hereto as Exhibit U. 

Hence, the incomplete responses to by FDCPA and QWR letters that I received from XXXX, PHH and XXXX conveniently omitted the aforementioned falsified income verification information that was forwarded to me in the year XXXX from the Trustee in XXXX XXXX XXXX bankruptcy matter ( See Exhibit U ), which XXXX XXXX  and / or its successors illegally created to approve my late husband and I for a loan that we could not afford and for which XXXX and PHH should have in their possession. 

In closing, the aforementioned issues and events is causing me a great deal of anguish, mental and emotional distress, especially the fact that XXXX, PHH and XXXX continue to falsely assert that no payments were made as of XX/XX/XXXX, while omitting and concealing approximately {$21000.00} in payments made between XX/XX/XXXX through XX/XX/XXXX during the hardest time in my life upon the death of my husband on XX/XX/XXXX, the same day Litton Loan commenced a foreclosure upon the default onXX/XX/XXXX which is the result of my husband and I following Litton Loan 's  instruction to become delinquent to qualify for a modification.