Consumer complaint received 2018-09-05
Company: Ocwen Financial Corporation
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Dear CFPB, Your CFPB Portal is proof of my over 12 complaints against several entities including XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, Ocwen Loan Servicing and XXXX XXXX, XXXX over the last five years. These entities are unknown to me. 

All these entities have conspired to commit fraud by forging, falsifying and fabricating documents and instruments and recording them at the XXXX XXXX County Recorders office. 

I want to report that another fraudulent Notice of Default Instrument # XXXX has been recorded by XXXX XXXX, XXXX at our XXXX XXXX County Recorders Office on my property located on XXXX XXXX XXXX XXXX, CA XXXX. Their is a projected foreclosure sale date schedule for XX/XX/XXXX. 

OCWEN LOAN SERVICING, XXXX XXXX XXXX XXXX XXXX AND XXXX XXXX XXXX have committed IDENTITY THEFT by using my name, social security, private and personal information to create account # XXXX without my consent and authorization, in clear violations of my consumer protection rights under FDCPA, FTC, FCRA, TILA, RESPA and CA XXXX. There are no signed agreements, No contracts No business relationships between myself and these entities. No Disclosure, No Consideration, No Lawful Terms & Conditions, No Signatures of both the parties in interest. NADA. NOTHING. 

Per the CFPB OCWEN Consent Order Agreement Settlement Term Sheet provision on page A-1 Section 1, Foreclosure and Bankruptcy Information and Documentation : " Servicer shall ensure that affidavits, sworn statements and declarations are based on personal knowledge, which may be based on the affiant 's review of Servicer 's books and records, in accordance with the evidentiary requirements of applicable state and federal laws. '' In XXXX the XXXX County Civil Grand Jury paid for the " Integrity of Land Records in XXXX County '' audit conducted by XXXX XXXX, Certified Mortgage Fraud Forensic Analyst. COPY OF AUDIT ENCLOSED FOR YOUR REFERENCE " EXHIBIT A ''. 

XXXX XXXX 's preliminary findings identified the following : You have robo-signers galore ; fraudulent assignments ; unauthorized substitutions of trustee ; MERS fraud ; and a host of violations of California statutes. 
XXXX, XXXX. Letter to XXXX. XXXX XX/XX/XXXX. TS. 

In her expert opinion : Innumerable negative externalities result from this errant behavior, e.g., due process violations ; wrongful foreclosure ; wrongful displacement and homelessness ; clouded and unmarketable titles ; uncertainty in real estate transactions ; devaluation in property values ; erosion of the tax base ; social unrest ; undue burdens on social services and welfare programs ; increased crime ; vacancies ; neighborhood blight, etc. the price of which is paid at the local level. 
XXXX, XXXX. Letter to XXXX. XX/XX/XXXX. TS. 

ENCLOSED FOR YOUR REFERENCE " EXHIBIT B '' you will find the fabricated, forged, robosigned, and falsely notarized, Assignments executed by XXXX XXXX XXXX   XXXX, and unlawfully recorded in violation of California Law. 

The Substitution of Trustee, executed by XXXX XXXX XXXX on XX/XX/XXXX as Vice President for XXXX XXXX XXXX, and Notarized by XXXX XXXX  XXXX on XX/XX/XXXX and recorded at XXXX XXXX County Records on XX/XX/XXXX. 

Assignment of Deed of Trust, also executed by XXXX XXXX XXXX, as Vice President for XXXX, XXXX on XX/XX/XXXX and recorded at XXXX XXXX XXXX XXXX on XX/XX/XXXX. 

ENCLOSED FOR YOUR REFERENCE " EXHIBIT C '' Please reference to full deposition of XXXX XXXX XXXX XXXX, XXXX XXXX XXXX vs XXXX XXXX XXXX, Case # XXXX CA, XXXX Judicial Circuit, acknowledged and confirmed robosigner. 

I hope that with the new Executive Order XXXX " The Establishment of the Task Force on Market Integrity and Consumer Fraud '' signed by President Trump on XX/XX/XXXX the Department of Justice, SEC, HUD, FTC, California Attorney General, California Department of Business Oversight and our local District Attorney and XXXX XXXX Attorney will investigate, enforce and start prosecuting the white collar crimes of individuals within these entities orchestrating massive fraud not only with me but hardworking families and homeowners across the XXXX. 

I applaud XXXX XXXX XXXX from Hawaii, letter to XXXX XXXX XXXX, Chair and Board of Director at XXXX XXXX XXXX. Addressing pattern of consumer harm at XXXX XXXX and DEMANDING ANSWERS. Over 3.5 million people harmed by fake accounts and over 400 families lost their homes in error. XXXX XXXX BANK is NOT alone and its NOT the only one creating, fabricating, and forging fraudulent accounts. 
ENCLOSED COPY OF LETTER " EXHIBIT D ''. 
Moreover, in light of these audits and discoveries I hope the XXXX XXXX County Recorders Office and the XXXX XXXX County District Attorneys Office work together to identify means by which fraudulent robo-signed documents can be identified early by the County and reported to the District Attorney. TO enforce California Penal Code section115.5 ( Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents ) which provides for statutory penalties up to {$75000.00} for filing with the County Recorder fraudulent documents relating to the title of or security interest in real property. 

As XXXX XXXX XXXX, Ex-Deputy Attorney General Department of Justice put it : " Corporations can only commit crimes through flesh-and-blood people. It's only fair that the people who are responsible for committing those crimes be held accountable. The public needs to have confidence that there is one system of justice and it applies equally regardless of whether that crime occurs on a street corner or in a boardroom. '' In conclusion, I'm demanding immediate cancellation and rescission of all fraudulent, unlawful, and illegal instruments, assignments, and documents recorded on my property XXXX XXXX XXXX XXXX CA XXXX at the XXXX XXXX County Recorders Office starting with the Notice of Default recorded on XX/XX/XXXX. 

respectfully, XXXX XXXX

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