Consumer complaint received 2018-05-07
Company: Ocwen Financial Corporation
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I was directed by the Division of Enforcement U.S. Securities and Exchange Commission to submit my claim to CFPB as well. Because of concerns regarding predatory lending, I am disputing the validity of the current debt that is allegedly owed to XXXX XXXX XXXX , XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX serviced by OCWEN. Based on my research the mortgage assignment from XXXX XXXX XXXX f/k/a XX/XX/XXXX XXXX has discrepancies in one or all of the following : 1. XXXX XXXX XXXX , XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX SEC File Number : XXXX The Pooling and Servicing Agreement filed with the SEC states the following : 1. This Trust Cut-off Date is XX/XX/XXXX and the closing Date is on or about XX/XX/XXXX. 2. Under the Delivery of Mortgage Loan Documents - In connection with the transfer and assignment of each mortgage loan to the trust, the depositor will cause to be delivered to the trustee, on or before the closing date. 3. Alleged mortgage assignment was dated XX/XX/XXXX over 4  years after trust closed and recorded with the county clerk on XX/XX/XXXX which is 6 years after the trust closed. 4. XX/XX/XXXX is the DEPOSITOR. 5. The assignment of the note and mortgage from XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX rather than from the Depositor, violates the Pooling and Servicing Agreement which requires that the Depositor deliver to and deposit the original note, mortgage and assignments to the Trustee. Under XXXX XXXX Trust Law, every sale, conveyance or other act of the trust in contravention of the trust is void. EPTL 7-2.4. 2. XXXX XXXX XXXX , XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX and OCWEN have relied on a fraudulent Mortgage Assignment. On United States Bankruptcy XXXX XXXX District of XXXX XXXX XXXX Case No XXXX. On XX/XX/XXXX Declaration of XXXX XXXX XXXX as President of XXXX XXXX XXXX f/k/a XX/XX/XXXX XXXX declared under penalty of perjury the following : 1. XXXX XXXX is no longer engaged in the servicing of residential mortgage loans. XXXX XXXX has no servicing rights. 2. XXXX XXXX also does not own any residential real estate mortgages. As a result XXXX XXXX f/k/a XXXX XXXX XXXX XXXX has no rights to Assignment of Mortgage dated XX/XX/XXXX as its servicing rights and residential real estate mortgages ended on or before XX/XX/XXXX per the Declaration of XXXX XXXX XXXX ( President of  XXXX XXXX XXXX f/k/a XX/XX/XXXX XXXX ) The Assignment is dated XX/XX/XXXX and was signed by XXXX XXXX in XXXX  County, XXXX. XXXX purports to be a corporate officer ( Assistant Vice President ) of XXXX XXXX XXXX. XXXX XXXX is not and has never been employed by XXXX XXXX XXXX ; she is actually employed by XXXX in its XXXX, XXXX ( XXXX County ) office. XXXX XXXX is a known robo-signer. 1. On CIRCUIT COURT OF THE XXXX JUDICIAL CIRCUITIN AND FOR XXXX XXXX COUNTY, XXXX Case : XXXX, XXXX XXXX in a Motion for Summary dated XX/XX/XXXX submitted a notarized affidavit of indebtedness swearing she was an officer of XXXX XXXX XXXX  XXXX ,  XXXX, Servicer and Attorney in Fact. 2. On XXXX Superior Court Judicial District of XXXX at XXXX, DOCKET NO. XXXX, XXXX XXXX in a MEMORANDUM OF DECISION dated XX/XX/XXXX submitted a notarized affidavit swearing she was the assistant secretary of XXXX XXXX XXXX XXXX , XXXX 3. On UNITED STATES DISTRICT COURT XXXX DISTRICT OF XXXX XXXX XXXX XXXX Case No. : XXXX XXXX XXXX, A substitution of trustee was recorded in which an document was signed by XXXX XXXX, purportedly as Assistant Vice President of XXXX XXXX  on or about XX/XX/XXXX 3. To aid in invalid XXXX County mortgage assignments, XXXX XXXX has used all of the following different job titles : Assistant vice president of XXXX XXXX XXXX AKA XXXX XXXX ( XX/XX/XXXX ) XXXX Assistant Secretary of XXXX XXXX XXXX AKA XXXX XXXX ( XX/XX/XXXX ) XXXX Assistant secretary and vice president of  XXXX XXXX XXXX XXXX , XXXX, as Servicer for XXXX XXXX XXXX XXXX XXXX, as trustee for XXXX XXXX XXXX XXXX, asset-backed Pass-through certificates, series XXXX, under the Pooling and Servicing Agreement dated XX/XX/XXXX ( XX/XX/XXXX ) XXXX Authorized Signer of XXXX XXXX XXXX AKA XXXX XXXX ( XX/XX/XXXX ) XXXX XXXX XXXX  XXXX as trustee for XXXX XXXX XXXX XXXX, asset-backed Pass-through certificates, series XXXX, under the Pooling and Servicing Agreement dated XX/XX/XXXX ( XX/XX/XXXX ) XXXX 4. XXXX XXXX is not listed as an officer of XXXX XXXX XXXX in the XXXX corporate records, nor did XXXX XXXX have offices in XXXX, where the Assignment was notarized. 5. The Director of XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX is currently under Department of Justice court proceeding alleging XXXX engaged in a fraudulent scheme to sell tens of billions of dollars of residential mortgage backed securities from XX/XX/XXXX. Based on the audit of this alleged mortgage loan file the following issues have been identified : 1. The alleged mortgage assignment violates XXXX XXXX XXXX , XXXX XXXX as Trustee for  XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX Pooling and Servicing Agreement filed with the SEC 2. Under XXXX XXXX Trust Law, every sale, conveyance or other act of the trustee in contravention of the trust is void. EPTL 7-2.4. 3. That any sale or transfer of this loan was not conducted in accordance with law and was not a valid sale of this note ; 4. That the claimed holder in not due course of this promissory note and/or deed of trust and is not holding such note in compliance with all laws and is not entitled to the benefits of any payments ; 5. That any servicer and/or sub-servicer of this mortgage after XX/XX/XXXX has not serviced this mortgage in accordance with the terms of this mortgage, promissory note, and/or deed of trust ; 6. That each servicer and sub-servicer of this mortgage after the date of XX/XX/XXXX has not serviced this mortgage in compliance with all laws ; 7. That this mortgage loan has not properly been credited, debited, adjusted, amortized, and charged ; 8. That any charges, fees, and expenses after XX/XX/XXXX is not obligated by any agreement. DATES : I contacted OCWEN the servicer of the loan via phone in XX/XX/XXXX regarding my issues with predatory lending. After months on phone conversations i was instructed to put my issues in writting. On the following dates i wrote to OCWEN attaching evidence of my concerns with Ocwen 's response being they have found no evidence to support my claims. XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. On XX/XX/XXXX I contacted XXXX XXXX from XXXX XXXX XXXX XXXX XXXX XXXX as Trustee with my concerns and she directed me back to OCWEN as the servicer. On XX/XX/XXXX I contacted the SEC to report Pool and Servicing Violations there response was ; given the subject matter of your submission, we believe you should also refer the matter to the Consumer Financial Protection Bureau.

Company response to consumer: Closed with explanation