Consumer complaint received 2020-05-20
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
1. My original lender XXXX XXXX XXXX  XXXX liquidated in bankruptcy on XX/XX/XXXX. Contractually and through court order in connection with a modified plan, XXXX XXXX XXXX  XXXX assigned on that same date, all of their assets to a new entity called the XXXX XXXX XXXX XXXX. ( See Ross v. Deutsche Bank Nat. Tr. Co., 933 F. Supp. 2d 225, 231 ( D. Mass. 2013 ). 

2. After assigning all of their assets to the XXXX XXXX XXXX XXXX on XX/XX/XXXX, XXXX XXXX and their attorneys advanced a ten-year fraudulent litigation with me using a fake and forged Transfer of Lien assignment purportedly negotiated in XX/XX/XXXX and then purportedly, executed on XX/XX/XXXX between XXXX XXXX and my original lender XXXX XXXX XXXX  XXXX, a 2.5 year old dead entity lacking both existence and capacity. 

3. The XX/XX/XXXX Transfer of Lien was executed using a forged attorney in fact for a dead entity and a XX/XX/XXXX extinguished power of attorney which pre-dated the XX/XX/XXXX XXXX XXXX XXXX  XXXX XXXX. 

XXXX. In XX/XX/XXXX, I obtained mortgage records from the XXXX XXXX XXXX XXXX XXXX XXXX XXXX providing patent proof XXXX XXXX held no interest in my mortgage loan. My loan records were authenticated and bates stamped and there was NO INDORSEMENT on my Note. And it was my understanding after personally talking to XXXX attorneys that my payments should have been made to the trust, not XXXX XXXX  who was never in my chain of title.

5. As further proof XXXX XXXX was not in my chain of title, the XXXX XXXX XXXX XXXX provided me a bates stamped and authenticated XX/XX/XXXX XXXX XXXX XXXX  XXXX letter from my loan file showing XXXX XXXX  was for tax purposes, only sold an INTEREST in my loan, which was extinguished upon the XXXX XXXX XXXX Liquidation. And XXXX XXXX  was sold nothing. ( emphasis added ). ( See Ex-A, extinguished notes ). 

6. In XXXX, a XXXX County District Court clerk provided me a copy of Judge XXXX XXXX Judges Notes. These notes were faxed only to the XXXX XXXX attorneys ( XXXX XXXX XXXX and XXXX XXXX ) and not my attorney. The Judges Notes were written by Judge XXXX XXXX and she identified specific judges ( including Judge XXXX, Judge XXXX and Judge XXXX ) to hear matters in my case that were not even set for a hearing. 

7. The purpose of those Judges Notes was made clear in a XX/XX/XXXX plea to the jurisdiction proceeding in the trial court in Cause No. XXXX. Specifically, I tried to present all of my XXXX XXXX XXXX XXXX evidence to XXXX County District Court Judge XXXX. He refused to permit me to admit my evidence in the plea hearing to show XXXX XXXX held no interest in my mortgage loan. XXXX XXXX filed no response or objections to my plea. And Judge XXXX previously granted XXXX XXXX Motion to  Quash my discovery. 

8. XXXX XXXX also filed the XX/XX/XXXX Declaration of XXXX XXXX in a XX/XX/XXXX summary judgment proceeding. The Ocwen loan servicer analyst falsely swore under the penalty of perjury, to a fake default. She falsely swore in par. No. 10 that I failed to remit a payment from XX/XX/XXXX onward. 

9. The trial court ( Judge XXXX and author of the XX/XX/XXXX Judges Notes ) ignored my evidence of timely remitted certified by mail loan payments to XXXX XXXX loan servicers from XX/XX/XXXX XXXX XXXX and through XX/XX/XXXX when I filed my lawsuit. 

10. On XX/XX/XXXX, Judge XXXX ( the author of the XX/XX/XXXX Judges Notes ) granted XXXX XXXX summary judgment on their counterclaim for foreclosure.

I did not prevail in my first litigation which concluded with the Texas Supreme Court denying a petition for review. ( Cause No. XXXX ). In XXXX, I filed a bill of review after obtaining new evidence including the uncontroverted securitization expert report of XXXX XXXX who concluded XXXX XXXX held no interest in my mortgage loan. ( Cause No. XXXX ). I filed a bill of review summary judgment raising issues on XXXX XXXX lack of standing and XXXX XXXX filed no affidavit and never responded to any of my summary judgment issues. The trial court oddly denied my summary judgment. And it was clear that the XX/XX/XXXX Judges Notes appeared to continue to have tentacles reaching this litigation. 

I timely filed a notice of appeal at the XXXX Court of Appeals. ( Case No. XXXX ). On XX/XX/XXXX, the XXXX Court of Appeals issued an opinion and judgment. And although I briefed in detail in my XX/XX/XXXX Appellant Brief and XX/XX/XXXX Appellant Reply the XXXX XXXX  ex parte communications and criminal forgery activity in the trial court in the First Lawsuit, the XXXX court of appeals oddly did not address any of my point of errors on bill of review factors regarding the deep seeded corruption at the XXXXXXXX  County courthouse that is fixing borrower litigations in favor of the banks. And I know judges are not doing this gratuitously. 

The XXXX court of appeals held that I lacked standing to address what I allege, is a void XX/XX/XXXX Transfer of Lien assignment which XXXX XXXX purportedly executed with a dead entity. My case file can be viewed online at the XXXX Court of Appeals website. Alternatively, if you provide me an email address, I can email you the filed Appellant and Appellee briefs for review. 

After providing this litigation information to the FBI in XXXX XXXX in XX/XX/XXXX, I am bringing this matter to your attention because as my case demonstrates, XXXX XXXX is continuing to pay unconscionable fees to attorneys to engage in a continuing nefarious criminal scheme to file forged mortgage records to assert unlawful standing to steal properties and then engage in unlawful ex parte communications with judges to obtain unlawful orders to foreclose on properties using forged instruments. 

To wit, on the identical set of forgery facts, a XX/XX/XXXX XXXX, Texas jury awarded XXXX XXXX dollars to the XXXX XXXX XXXX   v XXXX XXXX after XXXX XXXX forged the XXXX XXXX records to also steal the XXXX  homestead property. See : XXXX : XXXX XXXX XXXX   XXXX Given the facts in my case where I allege local judges worked in concert with XXXX XXXX   attorneys to permit forged XXXX XXXX  records to be filed, recorded and used by XXXX XXXX to obtain unlawful court orders to permit XXXX XXXX to foreclose on my property which they held no interest in, I believe on these facts, potential violations of federal criminal statutes have surfaced as follows : fraud deprivation of rights under the color of law conspiracy to defraud obstruction of justice perjury deceiving judges ; and lying to courts At this juncture, I am seeking to stop this egregious abuse of authority and request the DOJ and government agencies review my evidence and take such action deemed appropriate including but not limited to, filing complaints with the Texas State Bar against the attorneys ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX ) and local judges who were involved in the fraudulent scheme to permit XXXX XXXX to file and defend knowing forged and fake mortgage instruments for the unlawful purpose of stealing properties. 

Restoring public confidence in the judicial system for other homeowners similarly situated is extremely important so they do not suffer through exhausting years of public corruption at the courthouse as I did. I am also asking that you investigate my complaint and help bring a just resolution to my litigation which has been contaminated by the Texas courts who continue to protect the deep seeded pubic corruption that ignored my civil rights and denied me due process.

Company response to consumer: Closed with explanation