Consumer complaint received 2020-09-16
Company: WELLS FARGO & COMPANY
State: IL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Complaint against XXXX XXXX and XXXX for damages and return of stolen property. 

Dear CFPB, I am a victim of XXXX XXXX illegal securitization and foreclosure practices and conspiracy with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( former XXXX  XXXX XXXX ( XXXX  ) ) and their subsidiary /DocX, XXXX and XXXX, owner of XXXX, who flooded US Courts with forged documents about non-existing sales of mortgages which never happened in the real life. 

In reality, XXXX XXXX, XXXX, XXXX ( current XXXX   XXXX  ) and XXXX  operate a highly criminal enterprise though their XXXX  ( owned by XXXX/XXXX  XXXX  ) and XXXX  system ( owned by XXXX  ) where XXXX XXXX XXXX like XXXX XXXX manipulate DATA ( information ) about borrowers identity and their loans. 

XXXX/XXXX  hire lawyers acting via email distribution of records to originate foreclosures for designated by XXXX XXXX. 

XXXX/XXXX, who are acting on behalf of their clients, XXXX XXXX XXXX   who are assigned certain IDs to access the system ( XXXX XXXX ID is XXXX ), prepare forged documents which they email to foreclosure mill lawyers ( who do not even know for whom they work because lawyers do not have any contact with clients and receive their fees via XXXX/XXXX. 

These documents are massively filed in the Court on behalf of designated by XXXX XXXX, non-existing Trusts who help XXXX XXXX  to steal homes as a revenue for XXXX XXXX under glimpse of repayment debt to investors, who are unsecured creditors for XXXX  XXXX. 

The actual loans are never sold and in fact are destroyed at the origination so no one company ( special Trust and Trustees who appear in the Court ) does not have these loans in their accounting books to help XXXX XXXX  to avoid violations for lending practices. 

Statement of Facts : On XX/XX/XXXX I entered into a contract which appeared to be a Contract for mortgage to finance a property with purportedly XXXX XXXX XXXX  XXXX  who posed as a Lender. 

In reality, the real purpose of this transaction was a PURCHASE from ME a security instrument ( Promissory Note and Mortgage ) by XXXX XXXX who operated a fraudulent securitization scheme by selling UNSECURED bonds to Investors issued under street name. See XXXX of XXXX. 

The performance of these Notes was not attached to any Mortgages or parts of any mortgages but solely on Index performances which is manipulated by the same banks who issue bonds. 

Moreover, XXXX XXXX  purchased insurance contracts that certain events in the group of notes will fall. These events were specifuically designed by XXXX XXXX when they placed their bets with Insurers like XXXX, and XXXX  collected handsome {$50.00} XXXX profits from the bailout. 

As discussed in the accompanying prospectus, the notes are indexed debt securities and are part of a series of debt securities entitled Medium-Term Notes, Series B issued by The XXXX XXXX XXXX XXXX XXXX The notes will rank equally with all other unsecured and unsubordinated debt of The XXXX XXXX XXXX   , Inc. " XXXX XXXX provided XXXX with a giant line of credit to use for purchases of initial security instrument Promissory Note from the borrower which was instantly converted into DATA via XXXX/XXXX and sold to investors as unsecured bonds. 

XXXX, who never was a lender or a Servicer of any Trusts, received a fee for participating in XXXX XXXX  scheme and was removed from the business in XXXX when XXXX did not need them anymore. 

See Trust XXXX XXXX Pooling and Servicing Agreement where XXXX XXXX confirmed to be the Issuer of usecured bonds ; and described how XXXX XXXX DESIRES to buy mortgages which XXXX DESIRES to sell ; and how all documents and transfers SHALL be handled. 

What is the condition subsequent? acquisition of loans. What does the agreement do? Nothing until the loans are acquired. When are the loans acquired? Never. 
XXXX never sold any loans to XXXX  simply because XXXX never had any loans to sell ; and nothing was pooled in any Trusts which were either never formed or formed as a scam conduit to GS. See citation below. * Note that None of this matters until AFTER loans are acquired. Legal acquisition of a debt occurs in only one way : PAYMENT in exchange for conveyance of ownership. If it refers to an event that is not recited as having already occurred, or a transaction that is not specifically identified such that one could easily determine if the event had already occurred, the document is worthless unless and until evidence is introduced proving that the event occurred. 
Where can this agreement be found? Sec.gov. Why was it uploaded? So lawyers in foreclosure cases could claim judicial notice of what appeared to be a government document when in fact the investment banks were taking advantage of a loophole that allows them to upload documents that are not reviewed, approved or controlled in any way. 
The only proof that matters is the payment of value for the underlying debt or obligation. No such transaction exists because the only people who paid value were investors and all they received was an unsecured IOU ( certificate/mortgage bond ) from the investment bank. They did not receive ownership or any right, title or interest to any loan because they didnt want it. 
The same is true for the investment bank and everyone else. That is why they can claim they are not lenders and therefore not subject to claims of violations of lending laws. And THAT is why if you ask for proof of purchase of the loan you will get nothing but obfuscation and lies. 
The same lesson holds true for servicer records. Are they the servicer? Only if they are administering a credit account for a creditor. If there is no account there is no creditor. If there is no creditor there can be no servicer. If there is no account there can be no claim of loss in that account.

XXXX XXXX profits from trading backed by my information unsecured Notes was about {$180.00} per {$1.00} they spent to purchase my signature on the Note. 

My loan was never purchased or placed on any account of any Company. As of today nobody owns my so-called loan. 

In XX/XX/XXXX, when XXXX XXXX  fraud and forgery surfaced, DOJ entered a fictitious Cease and Desist Order about which XXXX XXXX were aware in advance when they adjusted their fraudulent foreclosures tactics. 

As soon as the ink dried on all Orders, XXXX XXXX, XXXX and XXXX flooded the entire Court system with illegal foreclosures. The only new restriction was foreclosures must not be filed in the name of MERS. See Wells Fargo/XXXX/XXXX  Foreclosures manual. 

In XX/XX/XXXX Goldman Sachs XXXX XXXX hired law firm XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to whom they provided the name of designated Plaintiff XXXX XXXX  and forged Assignment prepared by purportedly XXXX ( bankrupt since XXXX ). 

XXXX had no idea who are their clients and who pay them legal fees, it was all done via emails and codes on XXXX/XXXX. 
For example take a look at this from Wells Fargo : As of XX/XX/XXXX, all new referrals will be sent through XXXX instead of XXXX. Desktop referrals can be identified by the XXXX step, REFERRED IN XXXX  on the XXXX screen in XXXX. You will still have loans that were previously referred through XXXX that should continue being processed during this time. Reports You will receive several daily, weekly, and monthly reports to assist you in effectively monitoring and processing of your portfolio. The reports will be listed within the appropriate section of the manual. Effective XX/XX/XXXX, for attorneys, the reports will be uploaded to your XXXX mailbox. First, refer to your Transmission Confirmation Document. Then, access your Prod URL. Finally, key in your Universal ID/LogonID. For liaisons, the reports will be in the DS_FC_AttorneyRpts folder on the shared drive. Reports are to be considered either reference or action required. Reference reports are meant to give a status of the portfolio. 
Action required reports alert you of a task that needs to be performed. The following reports are meant to give you a general overview of the status of your portfolio. 


On XX/XX/XXXX XXXX lawyers presented ANOTHER version of forged Note provided to them by XXXX or XXXX/XXXX. 

This original was never given to me and never filed with the Court due to Judge XXXX XXXX concealment of these key documents ( which suggests a systemic bribery of Judges by Goldman Sachs and their co-conspirators ) In XX/XX/XXXX realtor XXXX XXXX, who also did not know whom he is serving and who is his client ( he received referrals for sales from XXXX  ) sold my property acting as representative for XXXX XXXX and a Board of Directors ( non-existing ) of non-existing Trust. 

As the result, I suffered significant damages and severe XXXX  XXXX  while XXXX XXXX and XXXX XXXX  continue to operate the same criminal scheme as of today. 



EXHIBIT O XXXX PURCHASE AGREEMENT ================================================================================ AMENDED AND RESTATED FLOW MORTGAGE LOAN PURCHASE AND WARRANTIES AGREEMENT GOLDMAN SACHS MORTGAGE COMPANY, Purchaser and XXXX XXXX & XXXX Seller Dated as of XX/XX/XXXX Conventional Fixed and Adjustable Rate Residential Mortgage Loans XXXX XXXX XXXX  PURCHASE AND WARRANTIES AGREEMENT This AMENDED AND RESTATED XXXX XXXX XXXX PURCHASE AND WARRANTIES AGREEMENT, dated as of XX/XX/XXXX ( " Agreement '' ), by and between XXXX XXXX  Mortgage Company, a XXXX XXXX   limited partnership, having an office at XXXX XXXX XXXX XXXX XXXX XXXX, New York XXXX ( the `` Purchaser '' ), and XXXX XXXX & XXXX having an office at XXXX XXXX XXXX XXXX, XXXX CA XXXX ( the " Seller '' ). 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  WHEREAS, the Purchaser and Seller are parties to that certain Flow Mortgage Loan and Purchase Warranties Agreement, dated as of XX/XX/XXXX, as amended ( the " Original Purchase Agreement '' ), pursuant to which the Seller desires to sell to the Purchaser, and, from time to time, the Purchaser desires to purchase from the Seller, certain fixed and adjustable rate first and second lien residential mortgage loans ( the " Mortgage Loans '' ) on a servicing released basis as described herein, and which shall be delivered as a pool of whole loans on the dates as provided herein ( each, a " Closing Date '' ) ; WHEREAS, at the present time, the Purchaser and the Seller desire to amend the Original Purchase Agreement to make certain modifications as set forthherein with respect to all Mortgage Loans acquired pursuant to this Agreement orthe Original Purchase Agreement. 

NOW, THEREFORE, in consideration of the premises and mutual agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Purchaser and the Seller agree as follows : Subsection 6.02 Books and Records. 

Record title to each Mortgage as of the related Closing Date shall be in the name of the Seller, an Affiliate of the Seller, the Purchaser or one or more designees of the Purchaser, as the Purchaser shall select. 
Notwithstanding the foregoing, each Mortgage and related Mortgage Note shall be possessed solely by the Purchaser or the appropriate designee of the Purchaser, as the case may be. All rights arising out of the Mortgage Loans including, but not limited to, all funds received by the Seller after the related Cut-off Date on or in connection with a Mortgage Loan shall be vested in the Purchaser or one or more designees of the Purchaser ; provided, however, that all funds received on or in connection with a Mortgage Loan shall be received and held by the Seller in trust for the benefit of the Purchaser or the appropriate designee of the Purchaser, as the case may be, as the owner of the Mortgage Loans pursuant to the terms of this Agreement. 

The sale of each Mortgage Loan shall be reflected on the Seller 's balance sheet and other financial statements as a sale of assets by the Seller. 

The Seller shall be responsible for maintaining, and shall maintain, a complete set of books and records for each Mortgage Loan which shall be marked clearly to reflect the ownership of each Mortgage Loan by the Purchaser, which marking may be evidenced by a designation of electronic files or records maintained by the Seller in connection with each Mortgage Loan. In particular, to the extent required by applicable law, the Seller shall maintain in its possession, available for inspection by the Purchaser, and shall deliver to the Purchaser upon demand, evidence of compliance with all federal, state and local laws, rules and regulations. To the extent that original documents are not required for purposes of realization of Liquidation Proceeds or Insurance Proceeds, documents maintained by the Seller may be in the form of microfilm or microfiche. 

Subsection 6.03 Delivery of Mortgage Loan Documents.

The Seller shall deliver and release to the Custodian no later than three ( 3 )  Business Days prior to the related Closing Date the documents and instruments in the Mortgage File for each Mortgage Loan. 

The Custodian shall certify its receipt of all such Mortgage Loan Documents required to be delivered pursuant to the Custodial Agreement for the related Closing Date, as evidenced by the certification and trust receipt of the Custodian in the form annexed to the Custodial Agreement. The Seller shall comply with the terms of the Custodial Agreement and the Purchaser shall pay all fees and expenses charged by the Custodian associated with the initial inventory and maintenance of the Mortgage Loan Documents. 

The Seller shall forward to the Custodian, or to such other Person as the Purchaser shall designate in writing, original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into in accordance with this Agreement within two weeks of their execution, provided, however, that the Seller shall provide the Custodian, or to such other Person as the Purchaser shall designate in writing, with a certified true copy of any such document submitted for recordation within two weeks of its execution, and shall promptly provide the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the original within 180 days of the related Closing Date. 

In the event any document required to be delivered to the Custodian pursuant to the preceding paragraph, including an original or copy of any document submitted for recordation to the appropriate public recording office, is not so delivered to the Custodian, or to such other Person as the Purchaser shall designate in writing, within 180 days following the related Closing Date ( other than with respect to the Assignments of Mortgage which shall be delivered to the Custodian in blank on or prior to the related Closing Date and recorded subsequently by the Purchaser or its designee ), and in the event that the Seller does not cure such failure within 30 days of discovery or receipt of written notification of such failure from the Purchaser, the related Mortgage Loan shall, upon the request of the Purchaser, be repurchased by the Seller at the price and in the manner specified in Subsection 9.04. The foregoing repurchase obligation shall not apply in the event that the Seller can not deliver such original or copy of any document submitted for recordation to the appropriate public recording office within the specified period due to a delay caused by the recording office in the applicable jurisdiction, provided that ( i ) the Seller shall deliver a recording receipt of such recording office or, if such recording receipt is not available, an Officer 's Certificate of a servicing officer of the Seller, confirming that such documents have been accepted for recording ( upon request of the Purchaser and delivery by the Purchaser to the Seller of a schedule of the related Mortgage Loans, the Seller shall reissue and deliver to the Purchaser or its designee said Officer 's Certificate relating to the related Mortgage Loans ), and ( ii ) such document is delivered within twelve ( 12 ) months of the related Closing Date. 

The Seller shall pay all initial recording, registration or transfer fees, if any, for the assignments of mortgage and any other fees or costs in transferring all original documents to the Custodian or, upon written request of the Purchaser, to the Purchaser or the Purchaser 's designee. The Purchaser or the Purchaser 's designee shall be responsible for recording the Assignments of Mortgage and shall be reimbursed by the Seller for the costs associated therewith pursuant to the preceding sentence. 

Subsection 6.04 Quality Control Procedures. 

The Seller shall maintain an internal quality control program that verifies in a manner consistent with accepted industry procedures, on a regular basis, the existence and accuracy of the legal documents, credit documents, property appraisals, and underwriting decisions that the Seller maintain for other mortgage loans purchased, originated and serviced by the Seller. The program includes evaluating and monitoring the overall quality of the Seller 's loan production and the servicing activities of the Seller. The program ensures that the Mortgage Loans are originated and serviced in accordance with Accepted Servicing Practices and the Underwriting Guidelines, guards against dishonest, fraudulent, or negligent acts ; and guards against errors and omissions by officers, employees, or other authorized persons. 

SECTION 7. Servicing of the Mortgage Loans. 

The Mortgage Loans shall be sold by the Seller to the Purchaser on a servicing released basis. Subject to, and upon the terms and conditions of this Agreement, with respect to the Mortgage Loans, the Seller hereby sells, transfers, assigns and delivers to the Purchaser, on the related Closing Date, the Servicing Rights with respect to the Mortgage Loans in the related Mortgage Loan Package. 

The Purchaser shall retain the Seller as contract servicer of the Mortgage Loans for an interim period pursuant to and in accordance with the terms and conditions contained in the Interim Servicing Agreement ( with respect to each Mortgage Loan, for an interim period, as specified therein ). Pursuant to the Interim Servicing Agreement, the Seller shall begin servicing the Mortgage Loans on behalf of the Purchaser and shall be entitled to the Servicing Fee with respect to such Mortgage Loans from the related Closing Date until the termination of the Interim Servicing Agreement with respect to the related Mortgage Loans as set forth therein, but in no event shall the Seller receive less than 90 days of such compensation.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation