Consumer complaint received 2023-05-30
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I have a Mortgage from XXXX XXXX XXXX which originated on XX/XX/XXXX. The Deed of Trust ( attached ) was executed on XX/XX/XXXX and was filed and recorded on XX/XX/XXXX in the Official Records of the Washington XXXX DC Recorder of Deeds. 

On XX/XX/XXXX ( approximately fourteen years later ) an Assignment of Deed of Trust ( attached ), prepared by XXXX XXXX XXXX and executed on XX/XX/XXXX, was filed and recorded in the Official Records of the Washington, DC XXXX of Deeds ( This Assignment of Deed of Trust states : " For Value Received, Mortgage XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX  as beneficiary. solely as a nominee for XXXX XXXX XXXX XXXX XXXX, It's successor and assigns ( herein " Assignor '' _, whose address is XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX, does hereby grant, assign, transfer and convey unto The Bank of New York Mellon XXXX The Bank of New York , as Trustee for the Certificate holders of XXXX, XXXX XXXX XXXX Mortgage XXXX Trust XXXX ( herein " Assignee '' ), whose address is XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX and its successors and assigns all its right, title and interest in and to a certain Deed of Trust described below Original Trustee : XXXX I. XXXX, XXXX. ). 

On XX/XX/XXXX Bank of New York Mellon wrote in a response to a Complaint I filed with the Consumer Financial Protection Bureau : Re : Case Number XXXX ; XXXX XXXX ( the Consumer ) and XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX the Property ) To whom it may concern : The Bank of New York Mellon XXXX formerly known as The Bank of New York XXXX BNY Mellon XXXX XXXX has completed its research of Case XXXX. Our research shows that the Property secures a mortgage loan ( the Loan ) serviced by XXXX XXXX XXXX XXXX. ( the Master Servicer ) held in XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX ( the Trust ). BNY Mellon acts as the trustee for the Trust but does not service or have the responsibility to service the Loan. The Master Servicer is the party who is required to service the Loan, which includes, among other things, determining whether to modify, or respond to Consumers concerns related to, the Loan. The Master Servicer has advised that any questions concerning its servicing decisions related to the Mortgage Loan be addressed to XXXX and that any written communications be addressed to its Office of the CEO and President, XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX. Please update your records to reflect the XXXX XXXX as the appropriate responsible party to respond to the XXXX concerns. 

Is the XX/XX/XXXX, Assignment of Deed of Trust prepared by XXXX XXXX XXXX of XXXX XXXX XXXX valid? How can a Trustee ( in this case the law firm of XXXX XXXX. XXXX, XXXX. ) be changed from a traditional Trustee to a bank ( in this case Bank of New York Mellon ) acting as Trustee for the Certificate holders of XXXX XXXX, XXXX Mortgage XXXX XXXX XXXX when that trust closed in XXXX? 


These issues have been discussed in Congress : SUBCOMMITTEE ON HOUSING AND COMMUNITY OPPORTUNITY, ROBO-SIGNING, CHAIN OF TITLE, LOSS MITIGATION, AND OTHER ISSUES IN MORTGAGE SERVICING, https : XXXX ) ; In the the Media XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX gave sworn statements that the bank lied to homeowners, denied loan modifications for bogus reasons and rewarded employees for sending homeowners to foreclosure. " ). XXXX XXXX XXXX XXXX XXXX XXXX, https : XXXX XXXX XXXX XXXX XXXX XXXX XXXX anXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation