Consumer complaint received 2019-05-02
Company: PENNYMAC LOAN SERVICES, LLC.
State: NV
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
On multiple occasions i have asked PennyMac and XXXX XXXX to provide me an original contract agreement whereas they are the Lender Servicer and i am the borrower. They have failed to do so for the past XXXX months. XX/XX/XXXX, i asked for a copy of the check from where the payment was coming from, the notary said he had no idea of this information and went and got the secretary. The secretary said that she would look into it. She came back XXXX minutes later and said that she couldn't verify that information at the time but would email me that information so i gave her my email, she never responded. The documents presented by PennyMac and XXXX XXXX are altered and modified Deed Of Trsut and Mortgage documents. They have recreated the original loan and made a new loan with a new loan number [ XXXX ]. This original loan [ No. XXXX ] was with XXXX XXXX XXXX and was paid by way of my XXXX XXXX account. Thus is a change in title, and a new title was recorded without me being present on XX/XX/XXXX. The loan number changed as of XX/XX/XXXX. This is why they recreated loan documents well after XX/XX/XXXX, again after XX/XX/XXXX. The Note was altered and has a stamp over the original date in the left top corner. I have shown proof of my wire funds and the tender of payment but they have failed to do so over the past XXXX months. Neither PennyMac nor XXXX XXXX  appeared before XX/XX/XXXX. 
XXXX of funds between escrow accounts. ( XXXX XXXX ) 1.A transfer of funds between escrow accounts may not be accomplished by the making of book entries alone but must be accomplished by : ( a ) The wire transfer or writing of a check from XXXX escrow account to the other ; and ( b ) The deposit of a check or wire transfer or other form of authorized transfer that is acceptable to the depository institution for the account of, and the writing or electronic generation of a receipt for, the escrow account to which the funds are being transferred. 
2.A transfer between escrow accounts must be properly supported and documented in the escrow records including, without limitation, the reasons for and the appropriate approval of the transfer. ( Added to XXXX by XXXX XXXX XXXX XXXX by XXXX, eff. XXXX ) As stated by XXXX  of the Credit Bureaus on XX/XX/XXXX and i quote " According to our system, on several occasions in XXXX and XXXX, an investigation was initiated into the XXXX XXXX XXXX # XXXX account per your requests. In response to the investigations, the disputed information was verified or updated accordingly and the results were forwarded to you for review. Please note that we have reviewed your credit file and determined that all investigations were performed in accordance with all applicable laws, policies, and procedures, and the results were sent to you in a timely manner. We store information in our records as it is supplied to us by creditors. What information has PennyMac or XXXX XXXX reported as creditors. According to XXXX XXXX XXXX XXXX the Transfer of funds between between escrow accounts may not be accomplished by the making of a book entry alone but by wire transfer or writing of a check from XXXX escrow account to the other when i XXXX XXXX XXXX demanded a copy of the check and proof of funds the Title escrow company stated that they did not have a check nor a wiring account information that day of the alleged transaction stated by the secretary and i wont mention her name. Rather XXXX states what i have been demanding since day one, i was making sure the funds didn't come out of my infant trust account. 
Now according to XXXX XXXX XXXX XXXX XXXX : Effective XX/XX/XXXX, the State Of Nevada enacted good Funds legislation [ NRS 645A ]. The law states that for escrow to close, the buyers closing funds must clear the bank. In order to comply with the new law and close your transaction timley, XXXX XXXX XXXX would prefer all closing funds be tendered TENDERED our office by interbank electronic wire transfer. Please contact our XXXX  if you have questions regarding this change in our industry. 
This includes coupons or Checks from a government agency or municipality, as stated by PennyMac they don't accept Coupons or checks from government agencies when this is false. They do and they must by Federal Law State Law and the Law of 1933 ACT. 
As stated by PennyMac in their earlier writings i attempted to settle the alleged debt with a XXXX XXXX  but PennyMac lied and said they couldn't accept the XXXX XXXX but according to NRS Law they do. XXXX XXXX : Requirements for deductible. ( XXXX XXXX XXXX ) A XXXX XXXX  required by XXXX XXXX XXXX contain a deductible if the escrow agency deposits with the Commissioner a XXXX XXXX or substitute form of security satisfactory to the Commissioner in the amount of the deductible. ( Added to XXXX by XXXX XXXX XXXX XXXX by XXXX, eff. XXXX ) This is fraud and false. It seems as if the credit bureaus are more in favor of the alleged creditor rather than the consumer so i have prepared this complaint in full. 
On XX/XX/XXXX i asked the persons of the XXXX XXXX  to provide me with a copy of the check whereas the funding for the purchase of my home was to come from. They failed to respond. On XX/XX/XXXX i followed up with an email thereto XXXX for the title company. She failed to respond. On XX/XX/XXXX i responded to their none response as to where the funding came from in a formal and legal letter. Made public record on XX/XX/XXXX. Whereas at this time the debt was disputed for no one could answer where the debt came from who owned the debt and how the debt was funded. Therefore the debt is disputed in full by law. 
XX/XX/XXXX made public, i served all parties claiming to be the creditors which are many listed as XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX including PennyMac and XXXX XXXX. None of the parties responded thereto the Certificate of Administrative Judgement. In fact none of the alleged verification or validation has any notary nor in a Affidavit format. The Nevada Homeowner Bill of Rights ( NHBR ) is a law that protects Nevada homeowners from illegal foreclosure practices. ... The NHBR also requires that the mortgage holder give certain documents to the homeowner, bans dual tracking, and compels the lender to have a contact person that the homeowner can speak with. Neither a Notice of XXXX nor a Judicial Foreclosure shall be initiated unless and until the mortgage servicer shows, through documented proof, that it holds the beneficial interest and has the legal standing to foreclose on the property. PannyMac and Fannie Mae failed to provide the a. proof of funds wire or check b. Lender information for both claim to be the lender on XXXX different letter heads c. Neither has shown that it holds the beneficial interest and has the legal standing to foreclose on the property. 
d. Neither can prove that XXXX XXXX is not the party in interest Aka the lender and that the funds came from her Trust or infant trust account. 
e. The note clearly says the original lender was XXXX XXXX XXXX so how did PennyMac acquire a loan from XXXX  XXXX and sale it to XXXX XXXX? this has never been answered at all. 

Rather i XXXX XXXX have not herd from PennyMac nor XXXX XXXX and have mailed documents showing the identity theft by way of a newly created loan with a new loan number which was created on XX/XX/XXXX which is XXXX XXXX days later. They will have to due a Judicial foreclosure due to the fraud reported to the local police and the FTC. Now on the CFPB site i am requesting arbitration and if such does not take place ill file in court venues until this is satisfied to my liking. Pennymac is simply attempting to extort a XXXX year old XXXX XXXX XXXX whom has given them opportunities and due process for the past XXXX months.

Company response to consumer: Closed with explanation