Consumer complaint received 2019-01-02
Company: Credence Funding Corporation
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
STATE OF FLORIDA REQUIRED DEMAND LETTER XXXX COPY SENT CERTIFIED MAIL TO ~ CREEDENCE FUNDING CORPORATION XXXX XXXX RE : XXXX XXXX Loan Number : XXXX ( SOLD TO XXXX ) Property address : XXXX XXXX XXXX XXXX, FL XXXX Dear : Pertaining to the above referenced, this letter serves as my final attempt to resolve this matter in amicable manner. As you are aware its become common place that mortgages are frequently sold and transferred to other financial institutions without proper documentation. As in this case and this is a lack of standing on your part. 

You are also aware that its your responsibility to provide an accurate and properly documented loan originiation, escrow and escrow estimate, which again was not done. Under Florida Statute 559.715,  banks are required to provide written notice to the homeowner each time the mortgage has transferred, and a fully signed ABA ( Afiiliated Business Agreement ) needs to be included also. Again, you did not fulfill this requirement, which is clearly a violation of the Florida Consumer Collection Practices Act. 

I can also prove that you failed to properly apply the payments and changes to the above referenced mortgage loan in compliance with federal law 12 U.S.C. 2605. In that repugnancy has occurred due to your inconsistency, I request that you immediately remove any/all liens on the above referenced property, send a signed deed to XXXX XXXX XXXX, XXXX FL, proivide a clear and unencumbered title. 

If this is not remedied within the next ten ( 10 ) business days I will take any/all legal remedies available to me. 

PLEASE GOVERN YOURSELVES ACCORDINGLY. 

Sincerely, XXXX XXXX, as POA for * XXXX RE/Enclosures cc : XXXX XXXX, XXXX ( Attorney General ), with enclosures MORE RECENT PRECEDENTS - XX/XX/XXXX XXXX FAILURE TO PRODUCE REQUESTED PAPERWORK ~ The judge became angry and said that the bank lawyers insulting behavior had repeatedly violated court rules. She went on to say that she would report him to the Florida Bar. Even as the lenders demand prompt payments on predatory loans, they have clearly failed to maintain their own records. The outcome of this case reveals that homeowners can defeat illegal and unreasonable foreclosure actions in court. Recent rulings in Missouri, Massachusetts and New York have also struck down banks efforts to legitimize missing or fabricated documents. 
XX/XX/XXXX XXXX MISREPRESENTATION ~ XXXX and XXXX XXXX XXXX received a foreclosure notice in XXXX from XXXX XXXX ( XXXX ). There was one problem : Theyd never done business with XXXX XXXX or their assigned mortgage servicer, XXXX XXXX  XXXX. A district court jury agreed. The jury found that XXXX XXXX violated a law prohibiting fraudulent real estate filings. Judgment was {$5.00} XXXX in favor of the XXXX. The lawyers representing the XXXX successfully argued that the couple had been harmed by the turmoil surrounding their loan and the confusion over which entity owned their property. 
XX/XX/XXXX ~ FALSE CLAIMS CASE DISMISSED, WITH LEAVE TO AMEND. XXXX XXXX  DECLINED TO AMEND. CASE DISMISSED. 
Even where there is a clerks default The burden is on the plaintiff to establish its entitlement to recovery. XXXX XXXX, XXXX XXXX XXXX. XXXX at XXXX. 
Here is an example of how lawyers purport to represent XXXX XXXX   when in fact they are creating the illusion that they represent a trust and in reality they are representing a subservicer who is receiving orders from a master servicer of a nonexistent trust. As Trustee of the nonexistent trust XXXX  had no active role in the nonexistent trust. As the inactive Trustee for a nonexistent Trust, no right, title or interest in the debts of homeowners were within any scope of authority of any servicer, subservicer or master servicer. Each foreclosure is a farce based upon assumptions and presumptions that are exactly opposite to the truth. 
Given the opportunity to amend the complaint, lawyers for XXXX chose not to amend because they could not plead nor prove the required elements of an active trustee. Because of that XXXX  lacked standing to bring the action except as agent for an active trust or on behalf of the trust beneficiaries. But where the certificates show that the certificate holders do NOT have any interest in a mortgage or note ( true in about 70 % of all cases ), then they too lack of standing. And if the Trust is not an active Trust owning the debt, note or mortgage then it too lacks standing. 
XX/XX/XXXX ~ FALSE CLAIMS There is no trust without a COMPLETE trust instrument, a trustor, beneficiaries and PROPERTY that is entrusted to the trustee thus forming the physical existence of the trust as opposed to the hypothetical existence of a trust that exists only on paper. 

XX/XX/XXXX ~ INCOMPLETE / FALSE LOAN PAPERWORK ~ The Justice Department announced XXXX XXXX agreed to pay a {$2.00} XXXX fine for issuing mortgage loans it knew contained incorrect income information. 

SEVERAL TRUTH IN LENDING ACT VIOLATIONS Subpart D Miscellaneous Civil Liability TILA Sections 129B, 129C, 130 and 131 If a creditor fails to comply with any requirements of the TILA, other than with the advertising provisions of chapter 3, it may be held liable to the consumer for : Actual damage, and Cost of any successful legal action together with reasonable attorneys fees. The creditor also may be held liable for any of the following : In an individual action, twice the amount of the finance charge involved. 
IN ADDITION ... THE FOLLOWING TILA VIOLATIONS INVOKE RESCISSION RIGHTS ~ The disclosed finance charge is considered accurate if it does not vary from the actual finance charge by more than {$35.00} ... THIS ONE VARIED BY 10 'S OF THOUSANDS OF DOLLARS The issuer is prohibited from imposing additional fees on the account ; Residential mortgage transactions have special timing requirements that include providing disclosures to consumers no later than the third business day after receipt of the consumers application. Creditors are also required to provide consumers with updated disclosures three days prior to consummation of the mortgage transaction if certain terms of the mortgage change.

Company response to consumer: Closed with explanation