Consumer complaint received 2018-06-05
Company: Ocwen Financial Corporation
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX I signed on a contract deed of trust and note with XXXX XXXX XXXX, XXXX XXXX out of XXXX. Per the note, Payments were to be made to XXXX XXXX XXXX, XXXX, the servicer. The Trustee on the deed is XXXX XXXX XXXX out of XXXX. 
In XXXX on XXXX County, XXXX registry of deeds a corporate deed of assignment was made in the name of XXXX XXXX , XXXX a XXXX XXXX by XXXX XXXX XXXX XXXX to XXXX XXXX   XXXX as trustee. 

XX/XX/XXXX during a modification trial period, XXXX transferred the servicing rights to Ocwen Loan Servicing, LLC out of XXXX XXXX XXXX XXXX. 

( In XX/XX/XXXX ) I recieved foreclosure notices 2 weeks later from XXXX XXXX XXXX, XXXX out of XXXX XXXX, XXXX, it did not include a default notice nor had it been 60 days or the modification decision made, nor did it say who they represented. ( Ocwen Later was mandated by the State of XXXX to never accept any more loan assignments in XXXX ) XX/XX/XXXX an appointment of Successor trustee was filed in XXXX County, XXXX registry of deeds by XXXX XXXX XXXX, XXXX to nominate and appoint itself in favor of XXXX XXXX XXXX to become the Successor Trustee and the power within. The document was signed for By Ocwen Loan Servicing , LLC as attorney in fact for XXXX XXXX as Trustee. 

Throughout the rest of XXXX, in sequential order below, I requested information from Ocwen Loan Servicing, XXXX XXXX , XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. During which XXXX XXXX   XXXX rejected request letters for more information stating it did not represent Ocwen Loan Servicing. I recieved letters from Ocwen stating it didn't know who the owner was of the note and the loan was XXXX in a trust with several investor unknown to them. I requested from the full history of accounting on the loan and when recieved it only went to back to XXXX, not XXXX. I obtained the XXXX XXXX XXXX agreement which showed XXXX XXXX as the Trustee of the trust. And it stated XXXX XXXX XXXX Name is the trustee and XXXX XXXX XXXX is Servicer. About 3 to 4 foreclosure notices were sent with amounts lesser than before yet no payments were allowed to be made when attempting to Ocwen. I recieved no avail from when requested from XXXX XXXX or Ocwen about validating the debt. I received letters from XXXX XXXX XXXX also stating they did not represent XXXX XXXX also. I received no response to my Debt Validaton from either company. XXXX sent letters stating they can't respond and Ocwen is the company to contact. The request letters sent to XXXX was returned. 
Unknown Company unknown name. When searching Secretary of State of XXXX, it stated XXXX XXXX , XXXX had dissolved in XXXX. When searching Secretary of State in XXXX. It said the same. 

From around XXXX, I recieved foreclosure notices several times. 
XX/XX/XXXX an appointment of Substitute Trustee was filed by XXXX XXXX XXXX naming itself as the Substitute Trustee signed given by XXXX XXXX XXXX for the owner Mortgage Electronic Registration System ( Mers ) as nominee for XXXX XXXX XXXX a XXXX XXXX. 
Foreclosure was filed non judicially on XX/XX/XXXX naming XXXX XXXX XXXX XXXX as Trustee of the trust as the party to the action. Eviction proceedings began in XX/XX/XXXX. It's now XXXX and eviction proceeding was awarded to XXXX XXXX on an appeal they proceeded in XXXX XXXX XXXX XXXX of XXXX County, XXXX. 

Below are the issue with title and interest.

Research shows as follows : # 1 State of XXXX shows that XXXX XXXX , XXXX withdrew as a corporation in XXXX. They continued to exist in XXXX as a foriegn entity and didnt obide by XXXX Annotated Code XXXX which states they must file an amendment notifying the Secretary of The that is was not a foreign entity and withdrew as a XXXX to continue to conduct business in XXXX. They did not. XXXX failed in the oversight of this so they continued to exist on Secretary of State website. No amendment was ever filed and they did not exist any longer as a XXXX corporation. 
No assignments could have been made without a proper party. XXXX   is defunct and as such, Mortgage Electronic Registration System is incapacitated moving forward so no assignment should occur through Mers. And also meant the home is unsecured from the inception. 

# 2 XXXX XXXX XXXX was required by the XXXX XXXX XXXX XXXX XXXX to obtain a license to become a lender in  XXXX which also requires fingerprinting and a XXXX XXXX bond put up. They are also required to obtain a license from XXXX XXXX XXXX XXXX and XXXX ( XXXX ).  Non of ever this happened. 

# 3 During an a securitization loan audit, several things were identified in that the loan is included into two trusts and there can no be more than one title to a home. Furthermore means that another company could also attempt to collect at some as well as Investors being defrauded within either trust. No two titles to one home. There is no such thing. 

# 4 XXXX XXXX XXXX ceased to exist as of XX/XX/XXXX in a conversion into XXXX XXXX XXXX. It stated clearly that XXXX XXXX XXXX ceased to exist in the conversion plan. I signed on the deed of trust and note XX/XX/XXXX. No assumed name was registered for XXXX XXXX XXXX to exist on any contract thereafter it ceased. XXXX XXXX XXXX also was not registered with XXXX XXXX XXXX nor license or registered with XXXX   Meaning : XXXX XXXX XXXX could not have given any authority to XXXX XXXX, XXXX XXXX XXXX not any other entity. And Mers never held the note to be the bearer to transfer anything. So no trustee could have existed. 

# 5 XXXX transfer of the corporate assignment of deed. XXXX went onto to Mers system and stated it was the investor to transfer this deed to XXXX XXXX as Trustee for the trust. The Pooling and Servicing agreement clearly states XXXX XXXX XXXX XXXX is the Servicer. XXXX XXXX XXXX XXXX merged into XXXX XXXX XXXX XXXX in XXXX. XXXX XXXX XXXX XXXX is far from the Investor. XXXX XXXX XXXX XXXX was not referenced in the chain of title until this point. And when received the servicing rights from XXXX XXXX XXXX XXXX so it should have known who the investors of the loan was. The owner was unknown. XXXX mispresented itself on MERS as the investor to collide with XXXX XXXX to clear up the clouded title. However, this was an illegal assignment which makes the party on record seem to be the proper party. The assignment also missed the cut off of the trust, per the prospectus by 4 years. 

# 6 Ocwen. Ocwen in order to correct the issue signed as attorney in fact for XXXX XXXX as Trustee of trust yet they didn't know if XXXX XXXX XXXX XXXX was the owner which they claim in responses to me the servicing were transferred by them but later in Real Estate Settlement Procedure Act ( Respa ) requests it didn't know who the owner was inadvertently and intentionally alluding the truth. Furthermore to correct any issue of the note and foreclose, they would have to make XXXX XXXX the substituted trustee. However when doing so the attestation of the signature of Ocwen 's employee who the notary was personally known to was forged by a XXXX XXXX with the title of XXXX XXXX. During researching other substitute trustee appointments in XXXX County, XXXX Registry of deeds, several other assignments were found where XXXX XXXX signature is forged 2 and 3 months before. On these Ocwen was assigning substitute trustee to a trust and XXXX XXXX   XXXX prepared and filed itself. This would effect foreclosure had a fraudulent signature was not used. 

# 7 XXXX XXXX XXXX, XXXX not one time was clear about who they represented nor who the owner of the note was. During eviction proceeding they presumed they are the note holder. Yet, they did not produce anything but a copy and they only had a person employed by Ocwen to confirm by affadavit that they had the business records to prove it. This doesn't prove the signature. XXXX XXXX XXXX is acting as trustee when if fact, the trustee of the deed never existed. They never validated the debt. They never sent default notices before the foreclosure. 

# 8 Two Different Legal Descriptions : Original deed of trust filed XX/XX/XXXX shows ( on County Registry of Deeds in XXXX County XXXX ) a incorrect description. And rerecorded to correct the illegal description. Yet no authority shows as to who made the correction nor was a copy of that given to me. Also it was altered without any verified authority. There is nothing attached to it to show that. Furthermore, XXXX XXXX, trustee of the trust, could not have vested interest into the correct legal description of the home because according the prospectus, the trust can not accept new assets after the closing date of XX/XX/XXXX. XX/XX/XXXX is when it was rerecorded on county registry of deeds. It was passed the cut off date to be included into the trust. Hence is why you see the loan included into two different trusts as well. No two titles to one home. And this all means that the debt is unsecured and the house is not collateralized. 

# 9 In Bankruptcy filing I filed in XXXX, XXXX XXXX XXXX, XXXX filed a proof of claim representing XXXX XXXX XXXX XXXX as attorney in fact for XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX as nominee. It never mentioned the rerecorded deed. In a bankruptcy court this information looks totally different from what has happened years later. The XXXX to the " copy '' of the Note was attached with " pay to the order of '' and left blank. No endorsement no enforcement. There's were no alleged corporate deed of assignment isnt done until 2 years after this. XXXX XXXX   XXXX is appointed as successor trustee 4 years after this filing. The opposite has occurred. The assignment contradict what's on file in a U.S. court which is proof in itself.

# 10 Securitization In order for anything to have happened the chain of assignment to be correct the following would have had to occur. 
A ) XXXX XXXX XXXX or Mers as Nominee to XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX to seller ( under the trust ) - XXXX XXXX XXXX XXXX or any successor C ) XXXX XXXX XXXX , XXXX to Depositor- XXXX XXXX XXXX XXXX XXXX ) Depositor to issuing entity trust This did not occur and are missing from the chain of title. 

No foreclosure should have ever happened. 
This is a theft by conversion and is crime. 
Amongst other crimes of Forgery, Institutional Mortgage fraud and more.

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