Consumer complaint received 2018-03-08
Company: Ocwen Financial Corporation
State: VA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
Chain 1 : Purported Note endorsement by the original lender, now bankrupted XXXX XXXX XXXX, to XXXX  for further securitization into Structured Asset Mortgage Investment II Trust XX/XX/XXXX XXXX, where XXXX XXXX XXXX XXXX XXXX is Trustee. 

Chain 2 : Purported Note assignment from XXXX to XXXX via XXXX signed by XXXX XXXX, who in XX/XX/XXXX ( seven months after servicing the Notice of Default to Homeowner ) assumed position with XXXX as Vice President of XXXX XXXX XXXX, which is a separate entity for the above Trust. 

Chain 3 : Purported assignment of Deed of Trust from XXXX to XXXX on XX/XX/XXXX. The Assignment signed by Ocwen 's employee XXXX XXXX acting as " Assistant Secretary '' to XXXX. 
Chain 4 : Assignment of Substitute Trustee executed on XX/XX/XXXX by Ocwen 's employee XXXX XXXX acting as " attorney-in-fact '' for XXXX  and as Vice President for XXXX XXXX which was officially dissolved nine month prior to that day according to TX State Corporation Commission. 
Chain 5 : Assignment of Substitute Trustee and removal of previously assigned substitute trustee executed on XX/XX/XXXX by XXXX XXXX, an employee of Ocwen, acting as " attorney-in-fact '' for XXXX. 
Please note, that all transfers have been executed by Ocwen " on behalf '' of XXXX or XXXX. 
However, XXXX  never claimed to be the lender or owner of the mortgage loan. Furthermore, on XX/XX/XXXX I sent a written inquiry to XXXX  ' Mortgage Back Securities ( XXXX ) Department via corporate website regarding status of my property. XXXX responded two days later informing that XXXX XXXX XXXX XXXX is the only servicer for all property belongs to XXXX  's trusts and that " XXXX XXXX is not an investor but a Trustee and therefore, does not physically own the loan or the property. XXXX XXXX does not have any say in how the property is disposed, loan modifications, etc. 

Deed of Trust as a contract between the Lender and Homeowner, indicates that, other than the original lender, the Lender is the entity that has purchased the Note, as the " Lender '' would be the same entity entitled to recovery from " Mortgage Insurance. '' Therefore, a true Lender must have an insurance policy written on Plaintiff 's property. 
Therefore, I politely request CFPB to assist in my communication with the alleged Lender the XXXX XXXX XXXX XXXX XXXX in order to take clouds out of my title. 
If XXXX claims to be a Lender or otherwise have standing in this matter, I request the following proof of ownership : 1. When and under what circumstances XXXX decided to acquire the Note of already defaulted loan. 
2. Proof of valuable consideration paid to the XXXX in exchange for the Note if such payment has taken place. 
3, Power of attorney or agency agreement appointing XXXX XXXX, Ocwen 's contract manager, as attorney-in-fact and duties delegeted. 
4. Power of attorney or agency agreement appointing XXXX XXXX, Ocwen 's contract manager, as attorney-in-fact and duties delegated. 
While there is no objection to an agent acting on behalf of its principal, basic agency law requires that the principal as the proper party be identified and that the agent be authorized to act pursuant to some type of power of attorney or agency agreement. Further, as the document appointing the substitute trustee is put to record, the recitations therein must be truthful and complete to ensure an unbroken and accurate chain of title. Clearly, if the representation is not true, then the document has no legal effect. 
It is not now, nor has it ever been, the Homeowner 's intention to avoid paying any obligation that is lawfully owed. The same time, it is an obligation of the Homeowner to protect the title on his property from thieves and infringements.

Company response to consumer: Closed with explanation