Consumer complaint received 2022-01-25
Company: Specialized Loan Servicing Holdings LLC
State: IL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Qualified Written Request ( QWR ) and Debt Validation Demand to XXXX XXXX as Master Servicer for XXXX XXXX. and XXXX  XXXX  as Trustee. Demand for Disclosures. 

I submitted my Complaint to CFPB against XXXX XXXX and XXXX XXXX and requested them to provide me copy of wire transfer receipt or cancelled check for {$130000.00} received by XXXX XXXX as Trustee for Trust XXXX  XXXX in XX/XX/XXXX after forced sale of my Property under authority of XXXX XXXX Board of Directors where XXXX XXXX was a Master Servicer who was responsible for distribution of these money to Investors. I also demanded a Copy of Discharge for this Mortgage and my Note. 

Both, XXXX XXXX and XXXX  XXXX  told CFPB ( a Government authority ) that my request does not belong to them, without any explanation why it does not belong to them. 

XXXX XXXX and XXXX XXXX both acted as my creditors, collected my money, declared me in default ; confiscated my property via very painful foreclosure and sold it acting under authority of Board of Directors for XXXX XXXX XXXX. Accordingly, answers from them are critical as to the receipt and processing of payments and disbursements. XXXX  XXXX XXXX XXXX company allowed their name being used with permission, and they apparently disclaim any rate, title or interest to the administration, collection or enforcement of any alleged obligation, but third parties are using their name as though they were an actual creditor.

I am perfectly within my legal rights under the law ( RESPA, TILA, FDCPA, ect ) to demand an actual explanation from them. 

If my request does not related to XXXX XXXX and XXXX XXXX why they performed all servicing and foreclosure activities related to my property ; sold it to a third party on XX/XX/XXXX acting under authority of Trust XXXX  XXXX Board of Directions and received {$130000.00} for which Trustee XXXX  XXXX issued Special Warranty Deed on XX/XX/XXXX claiming receipt of {$10.00}? 

Which legal authority had XXXX  XXXX  and XXXX XXXX XXXX to issue this Deed and where is the rest of {$130000.00} ( or {$130.00}, XXXX? ) And why XXXX XXXX  and Master Servicer XXXX XXXX for XXXX XXXX never prepared and filed any Discharges for my alleged mortgage with XXXX and my note, which created fatal defects on my property Title? 

Trust XXXX  XXXX appears to be currently active and receive ratings from XXXX XXXX as recently as XX/XX/XXXX, thus must have all accounting records, including entries on its ledger where XXXX XXXX purchased my loan from XXXX sometime in XXXX ; receipt of {$130000.00} after sale of my property in XX/XX/XXXX ; and distribution of these money to investors. 

Statement of Fact : On XX/XX/XXXX I signed document which looked like Mortgage with XXXX Investment and Loan. After I signed this document, the XXXX XXXX XXXX XXXX XXXX XXXX  filed a Release of their Mortgage for {$1.00} consideration. So, its unclear where the rest of my loan went. 

My alleged mortgage was later somehow accrued by XXXX XXXX Mortgage Company to include it in a pool of mortgage loans to be deposited in the XXXX XXXX XXXX ( the Trust ) where XXXX XXXX was a Master Servicer. Which established the foundation that XXXX XXXX was controlling the securitization infrastructure and therefore all claims of " servicing ''. 

In cases filed by the Government XXXX XXXX was identified as the owner of XXXX XXXX XXXX and its certificates, which appear to be active as of today and receive XXXX rating. 

On XX/XX/XXXX XXXX  assigned this mortgage to plaintiff XXXX  XXXX and its alleged Trustee XXXX XXXX  XXXX XXXX XXXX  without the Note, which is a legal nullity in all jurisdictions. XXXX  as Trustee accepted this defective Assignment on behalf of XXXX XXXX XXXX XXXX XXXX. 

On XX/XX/XXXX DBNT as Trustee for XXXX XXXX filed foreclosure case XXXX, XXXX vs XXXX, where DBNT claimed that I am in alleged default on my obligation. 

If XXXX XXXX and XXXX XXXX claimed me in Default, and now said that they have no relationship to it, they must provide me explanation about XXXX  XXXXk relationship to my property and this loan during foreclosure and sale of my property. 

A default only occurs when there is a failure to pay someone whom I owe money to. Parties who do not own that obligation may not declare a default unless they either own the obligation or they represent someone who does. 

So, XXXX  Bank and XXXX XXXX must answer following questions : first how do they know there was any default? If you declare a default on your neighbor 's credit card account is there a default or not? Even if this neighbor made no payment there is no default as to XXXX  XXXX  or XXXX XXXX. 

A default is a legal term. Non Payment is not a default unless the creditor says so. A declaration of default without any claim that is being declared on behalf of XXXX who is the owner of the current unpaid account receivable is defective -- - which is why the law requires that information. 

Did XXXX  Bank and XXXX XXXX declared my alleged default to imply the existence of the loan account, and implied the loss attributable to non payment, and implied their right to administer, collect and enforce the implied loan account. And now both deny its relationship since none of that was true? 

XXXX XXXX and XXXX  Bank must respond and clarify it to me what they mean by a default. Are they using the term as it is used in legal proceedings or just generically to indicate nonpayment of a payment indicated on a schedule that might be excused for any one of hundreds of reasons. Or there is no default because no creditor has declared a default and XXXX XXXX and XXXX XXXX deny to be my creditors or legal representatives of my creditor? 

Foreclosure case XXXX was based solely on this invalid Assignment ( requested by client number XXXX ) and a separate page with stamped signature of defunct since XXXX XXXX employee XXXX XXXX. No other documents or any evidence was provided to establish any legal rights to collect from me I many times tried to obtain validation from DBNT and its lawyers, who refused to communicate about XXXX  XXXX and XXXX XXXX claims, rights, title or interest in the administration, collection or enforcement of alleged obligation. 

According to information supplied by them in public domain or in correspondence and notices directly to me the functions they identify are clearly within the definition of a servicer and are probably aiding in the process of debt collection as that term is defined. 

Moreover, XXXX XXXX appointed themselves as a Master Servicer in XXXX XXXX Pooling and Servicing Agreement, thus XXXX XXXX XXXX XXXX Debt Collector under FDCPA. 

XXXX  Bank and XXXX XXXX managed to obtain favorable verdict, evicted me from the property and sold it to the third party from whom they received {$130000.00}. 

Now both parties XXXXXXXX XXXX  and XXXX XXXX - who earlier affirmatively claimed rights to my money and my property in Chancery Case, Appeal Court case and Eviction Case as the only parties to be named as creditors - disclaim any relationship to it ; or knowledge of the content, existence or administration of any unpaid loan account receivable owed by me. 

The money I have paid between XXXX and funds {$130000.00} received after sale of my property appears to have been misdirected by or on behalf of XXXX  XXXX  and XXXX XXXX XXXX 

Hence it is fair to assume that they are not receiving money nor making distributions to " investors. '' If that is true then they have no right or authority to appoint any agent over any obligation owed by me, if any exists. 

Hence my first question is a request for a description of DXXXX XXXX and XXXX XXXX functional role in the processing, administration, and enforcement of any alleged obligation owed by me and an identification of the party ( ies ) on whose behalf you engage in such activities or functions. 

I am writing therefore to validate the existence of a loan account receivable, the identity of the owner of that account and to validate the payment and/or receipt by that entity of money paid by you on that account and received after forced sale of my property. 

Further I am writing to validate that money paid by you has been paid by the company named as " servicer '' or whether such payments are transmitted by some other person or entity. 

I don't owe money to anyone who claims it just because I issued a note and mortgage which nobody funder or nobody received these money, like XXXX XXXX  who satisfied prior mortgage for {$1.00}. 

It can ONLY be an obligation owed to a creditor who can and must be identified. 

I don't owe money at all if the loan account doesn't exist. Through the process of legal reformation in the courts a loan account might be created and it might not. But until that account exists, there is nothing to pay and there is no creditor to pay because a " creditor '' can ONLY be a person or entity that owns and maintains an unpaid account receivable owed by me. 

Now both parties who claimed rights to collect my money and my property XXXX  XXXX  and XXXX XXXX deny its involvement after they sold my property and received money for it which they both refuse to account for. 

The fact that the investment banks who control this scheme did not credit a loan account is no excuse in and of itself for the failure to create that loan account and then credit it with money received on account of that. 

Their choice to substitute a sham " servicer '' who performs no services or functions relating to receipt or disbursement of money does not excuse them from compliance with laws, precedent, and standards that have evolved over centuries of legal jurisprudence. And the inability of consumers to understand the process is not a legal excuse for preying on them. 

QWR : 1. Please identify my Creditor whom I owed any money and who declared me in default, received {$130000.00} after sale of my property and had rights to receive these money.

2. Describe XXXX  Bank and XXXX XXXX functional role in the processing, administration, and enforcement of any alleged obligation owed by me and and identification of the party ( ies ) on whose behalf you engage in such activities or functions. 
3. Please provide me a copy of Accounting ledger from XXXX XXXX showing disbursement of funds evidencing that XXXX XXXX purchased my alleged loan from XXXX and a copy of wire transfer receipt, cancelled check of ACH as a proof of payment for my loan 4. Please provide me a copy of the Accounting ledger owned by my Creditor, from the origination on XX/XX/XXXX to XX/XX/XXXX where my alleged loan and all my payments were recorded, and declared as default. 
5. Please provide me a copy of proof of payment ( wire transfer receipt, cancelled check of ACH ) for {$130000.00} received by XXXX  Bank and XXXX XXXX after sale of my property in XX/XX/XXXX XXXX. Please explain the amount of other valuable consideration received by XXXX Bank and XXXX XXXX XXXX of Directors after sale of my loan in XX/XX/XXXX. 
7. Please provide me a Discharge of my alleged Mortgage and Note to be filed with XXXX XXXX Recrder, with full amount of $ $ $ received by XXXX  XXXX and XXXX XXXXs 8. If XXXX XXXX or XXXX XXXX do not have these records ; and deny its involvement in my case and my transaction with XXXX, I demand full disgorgement of all money, including received from me ; and from sale of my property along with interest and damages.

Company response to consumer: Closed with explanation