Consumer complaint received 2018-03-18
Company: WASHINGTON FEDERAL BANK
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
We do not know why XXXX XXXX XXXX XXXX is the lead party in my private fake foreclosure case! 
XXXX XXXX XXXX XXXX ( XXXX XXXX ) XXXX XXXX purchases mortgages from lending institutions in an effort to increase affordable lending activity at those institutions. XXXX XXXX   is not a federal agency. It is a government-sponsored enterprise under the conservatorship of the XXXX XXXX XXXX XXXX ( XXXX ). 
WE HAVE NO LOAN WITH THIS COMPANY NO NOTE NOR ANY ASSIGNMENT OF DEBT NOR ANY MORTGAGE!!!!!!!!!!!!!!!!!!! XXXX XXXX XXXX, XXXX XXXX, DC XXXX Toll XXXX ( XXXX ) The XXXX. XXXX XXXX, XXXX. recently issued an Order of Reference relative to this foreclosure matter. The Court requires that plaintiff prosecute in a timely manner. Therefore, plaintiff is directed to file a Motion for a Judgment of Foreclosure on or before XX/XX/XXXX. Failure to file the motion by the date indicated absent of a showing of good cause may result in an Order of Dismissal. Please mark your calendars accordingly. If you have any questions, please contact me at ( XXXX ) XXXX ( XXXX ), or contact XXXX XXXX chambers at ( XXXX ) XXXX. 


Under both the Fifth and Fourteenth Amendments to the U.S. Constitution, neither the federal government nor state governments may deprive any person of life, liberty, or property without due process of law. A similar due process provision was found in the Magna Charta, as well as early state constitutions. XXXX XXXX XXXX XXXX XXXX explained the purpose behind the clauses in XXXX v. XXXX ( XXXX ) as follows : The due process clause requires that every man shall have the protection of his day in court, and the benefit of the general law, a law which hears before it condemns, which proceeds not arbitrarily or capriciously, but upon inquiry, and renders judgment only after trial, so that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. It, of course, tends to secure equality of law in the sense that it makes a required minimum of protection for every ones right of life, liberty, and property, which the Congress or the Legislature may not withhold. 

Courts have interpreted the due process clauses as providing two distinct limitations on government. First, the clauses provide for procedural due process, which requires the government to follow certain procedures before it deprives a person of life, liberty, or property. Cases that address procedural due process usually focus on the type of notice that is required of the government or the type of hearing that must be held when the government takes a particular action. Second, the clauses establish substantive due process, under which courts determine whether the government has sufficient justification for its actions. Because courts use substantive due process to protect certain fundamental rights of U.S. citizens, issues related to substantive due process have been the subject of extensive debate.PLEASE TAKE NOTICE, that the annexed proposed Judgment of Foreclosure and Sale will be presented to the Honorable XXXX XXXX XXXX of the Supreme Court at an IAS Part 24, to be held at the courthouse thereof, located at XXXX Supreme Court Building, XXXX XXXX XXXX XXXX, NY XXXX, on the XXXX day of XX/XX/XXXX at XXXX XXXX of that day for settlement and signature.Prepared By : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, New York [ XXXX ] After Recording Return To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, New York [ XXXX ] ____________________________________________________________________________ Quitclaim deed by individual ( statutory form D ) QUITCLAIM DEED THIS INDENTURE, made XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX New York [ XXXX ] Party of the first part, and XXXX XXXX XXXX, a single natural person, in care of XXXX XXXX XXXX, XXXX, XXXX XXXX, New York [ XXXX ]. 
Party of the second part, WITNESSETH, that the party of the first part, in consideration of XXXX XXXX US Dollars ( {$1000.00} ) and other valuable consideration paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the : Legal Description : Town of XXXX XXXX XXXX XXXX and being part of Lots XXXX and XXXX,  XXXX XXXX Range XXXX, of XXXX XXXX XXXX Survey bounded and described as follows : BEGINNING at a point in the center of the highway leading from XXXX to the XXXX XXXX XXXX, known as XXXX XXXX, which point is XXXX feet northerly from the south line of Lot. No. XXXX, as measured along the center line of said XXXX XXXX : in the care of XXXX XXXX XXXX XXXX New York [ XXXX ] XXXX RUNNING THENCE northerly along the center line of said XXXX XXXX XXXX feet ; THENCE easterly at right angles XXXX feet to the lands of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX along XXXX lands of said company XXXX feet ; THENCE XXXX at right angles to the center or the XXXX XXXX XXXX XXXX  feet to the center of the said XXXX XXXX XXXX the point or place of BEGINNING. 
Section : XXXX XXXX XXXX XXXX XXXX XXXX XXXX The transferred from XXXX XXXX XXXX to XXXX XXXX XXXX TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises ; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. The word " party '' shall be construed as if it reads " parties '' whenever the sense of this indenture so requires. 

AND the party of the first part, in compliance with Section 13 of the Lien Law,  covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. 

Tax Parcel Number : XXXX Mail Tax Statements To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, New York XXXX XXXX XXXX XXXX Signatures : DATED : XXXX XXXX AD __________________________________ XXXX XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX New York , [ XXXX ] STATE OF NEW YORK XXXX ss. 
XXXX OF XXXX On this XXXX day of XXXX, before me the undersigned, personally appeared XXXX XXXX XXXX XXXX personally known to be the natural person or prove to me on the basis of satisfactory evidence to be the individual ( s ) whose name ( s ) is ( are ) subscribed to the within instrument and acknowledged to me that she they executed the same in her capacity ( ies ), and that by her signature ( s ) on the instrument the individual ( s ), or the natural person upon behalf of which individual ( s ) acted, executes the instrument, and acknowledged that they executed same as their free act and deed. 
On XX/XX/XXXX, the Defendant received a NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF OWNERSHIP OF MORTGAGE LOAN which alleged compliance under Federal Law pursuant to Title 15 USC ss 1641 ( g ). ( SEE : EXHIBIT I, " NOTICE OF ASSIGNMENT '', hereinafter " NOTICE '' ).

( 3 ) The NOTICE stated : " You are receiving this notice because the ownership of your mortgage loan identified below has been sold, assigned, or transferred to XXXX XXXX XXXX ( " covered person '' ). ( SEE : EXHIBIT I ) ( 4 ) The NOTICE stated : " The name, address and telephone number of the new covered person : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX TX XXXX, ( XXXX ) XXXX. 
( 5 ) The NOTICE stated : " Date of Sale/Assignment/Transferor your mortgage loan : XX/XX/XXXX. '' ( 6 ) The NOTICE stated : " XXXX XXXX XXXX is your new lender and may have a different Partial Payment Policy than your previous lender '', and " if this loan is sold your new lender may have a different policy '', even though neither this alleged lender, nor any other lender provided any proof that any loan existed between the parties, nor did any " lending of money '' ever occur.

( 7 ) The NOTICE stated : The transfer of ownership does not affect any term or condition of your mortgage loan other than the terms directly related to the ownership of your loan '' and, " this notice is not an attempt to collect assets or recover a claim against you or obtain possession or control of any property ''. Of course, this statement is in direct conflict and contradictory to statements made in Item # 6 above.

( 8 ) In the instant matter before this court, the foreclosure proceeding initiated by XXXX through XXXX, XXXX XXXX XXXX is filed with the Plaintiffs listed as other than the alleged new owner of the alleged mortgage loan, making XXXX and any affiliate thereof disinterested parties into the instant litigation considering XXXX XXXX assignment in EXHIBIT I. 
9 ) Since XXXX XXXX XXXXXXXX XXXX fraudulently sold, transferred or assigned its non-existent interests to XXXX XXXX XXXX, for an undisclosed amount of money, XXXX and its affiliates do not have any legal right whatsoever to proceed in the foreclosure against this defendant in the due course of their own actions. XXXX and its affiliates do not now, a and never had any legal basis to their claims against this Defendant because they are not now, and never have been, a party in interest in this case. 
10 ) Pursuant to NY CPLR Rule 3211 ( a ) ( 1 )  this defendant is entitled to have this case dismissed with prejudice upon the grounds that her defense is founded upon the " documentary evidence '' that XXXX XXXX XXXXXXXX, XXXX and XXXX, XXXX XXXX XXXX. are neither the lender or the mortgage holder considering the NOTICE OF ASSIGNMENT to XXXX XXXX XXXX. The Notice of Assignment attached hereto and identified as EXHIBIT I shall serve as " documentary evidence '' that none of the moving Plaintiff 's in this case now retain any right whatsoever to proceed against this Defendant in a foreclosure any of her real property. 
11 ) Pursuant to NY CPLR Rule 3211 ( a ) ( 2 ) this defendant is entitled to have this case dismissed with prejudice because this court now lacks jurisdiction upon the subject matter of this cause of action since neither of the moving parties remains a party of interest, and therefore no valid Plaintiff exists in this case. 
12 ) Pursuant to NY CPLR Rule 3211 ( a ) ( 3 ) this Defendant is entitled to have this case dismissed with prejudice because since XXXX XXXX XXXX XXXX as Plaintiff has " no legal capacity to sue '' in this case, them being a disinterested party. The Plaintiff 's as they remain are mere interlopers without cause or authority to proceed in this instant matter. 
13 ) Pursuant to NY CPLR Rule 3211 ( a ) ( 5 ) this Defendant is entitled to have this case dismissed with prejudice because the ongoing attempts to collect an unverified debt against this Defendant through illegal and unfounded foreclosure proceedings, which involve treachery, deceitful practices, falsification of documents and claims, misrepresentation of ownership and facts and violations of Federal Laws under the Fair Debt Collection Practices Act, and other violations, by the Law Firm XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX constitute violations of the New York Statute of Frauds, with the full knowledge and consent of said violations by Attorney XXXX XXXX as agent for XXXX, et. al. 
14 ) Pursuant to Federal Law under Title 15 USC ss1641 ( g ) the alleged " owner '' of the alleged mortgage loan in question is XXXX XXXX XXXX  Since they are in no way affiliated with XXXX, XXXX XXXX XXXX. or XXXX or its affiliates, the moving parties in this case are without any legal recourse in this action. Therefore, this case must be dismissed with prejudice and judgment should be granted in favor of the defendant as a matter of New York State and Federal Law under the Statute of Frauds and 15 USC ss 1641. ( The New York Statute of Frauds states that : " every agreement, promise or undertaking is VOID unless it or some note or memorandum thereof be in writing and subscribed by the party to be charged therewith ''. No such note or memorandum exists, as required by law in this state. As such, in this case the claims of the Plaintiff are unenforceable as a matter of law. 




AFFIDAVIT OF STATEMENT AND FACTS WITH FIRST HANDKNOWLEGE THAT XXXX XXXX XXXX. LACKS STANDING IN THIS MATTER Affirmation in Support of Motion to Dismiss XXXX XXXX XXXX hereby affirms under penalty of perjury : XXXX XXXX XXXX plaintiff does not have the original note and the debt which has been challenged many times with no answer! 
XXXX XXXX XXXX plaintiff has failed to provide proof of debt. Therefore, a debt or mortgage is non-extent and it would not even qualify for unsecured debt. Plaintiff is not the " holder '' of the promissory note nor mortgage at issue in this case! XXXX XXXX XXXX sold the unverified debt to seterus. See latest invoice from seterus is attach making them the real party in interest. XXXX XXXX XXXX now must refile this matter as XXXX as the Plaintiff. 
Fraud vitiates the most solemn Contracts, documents and even judgments See [ U.S. vs. XXXX, 98 US 61, at pg. XXXX ] fraud can be proven on the record because this Writ of Error is proper notice : NOTICE HAS BEEN GIVEN

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