Consumer complaint received 2021-04-13
Company: Nationwide Title Clearing, Inc.
State: MI
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 Please find my complaint against Nationwide Title Clearing Inc. for illegal and fraudulent transfer of my property to fake " servicer '' XXXX Loan Servicing, XXXX, and fatal damages to my property Title. 

I am a victim of XXXX XXXX Banks and their sham conduits who pose as " Lenders '' and " Servicers '' illegal activities. It is not a secret that XXXX XXXX Banks ( Stockbrokers ) operate a giant Ponzi Scheme where they pass borrowed from other companies money which they masquerade as a " loan '' via sham conduits who pose as " Lenders ''. 

As soon as borrowers sign a Promissory Note and a Mortgage, Big Banks scan this data and place in their depository company - XXXX XXXX - while Mortgages and Notes are intentionally destroyed to preserve XXXX XXXX Banks ability to sell BETS to investors on INFORMATION about " loans '', on indefinite basis. Nobody sell any loans, this is a lie to defraud borrowers and investors. Nobody maintain any accounts receivable for " loans ''. See details below. 

I became seriously concerned about my life and well-being, so I had to file a police report when a stranger appeared on my property yesterday and left me a very suspicious note to in " urgently call my Servicer '', after another shady company, registered in Delaware and located in XXXX XXXX, sent me an offer to buy my home for cash ( which based public records, this company obviously does not have ). When I emailed this company and asked who provided them my information, they never responded. 

All of it happened about a week after I submitted my second request to Senator XXXX  to contact XXXX XXXX and verify who was the Seller of my " loan '' to XXXX and which XXXX XXXX XXXX has my " loan '' as an asset on their account receivable. 

XXXX XXXX has no idea about my loan ; and during all time in question was not able to produce a singe document about ownership of my loan ; as well as about reported transactions. 

When I went to a police station to file a report, I also decided to check Deed Recorders ' office to see if here are any suspicious activities. 

Of course I found it. 

On XX/XX/XXXX ( or more that 1 year after XXXX XXXX XXXX XXXX appeared as a " Servicer '' on XX/XX/XXXX, and lied non-stop, Nationwide Title Clearing, a company that creates tens of thousands of assignments as a third-party contractor, created a fraudulent " assignment '' to PennyMac from MERS - without ANY disclosures in which capacity PennyMac received this " assignment '', The Assignment also failed to disclose which rights had MERS to assign anything on behalf of XXXX since XXXX has no corporate registration to conduct business in the State of Michigan ( source : XXXX Michigan ) ; and no agency relationship with XXXX XXXX to transfer anything to XXXX in XXXX. 

XXXX  only servers their members and XXXX  are not members of XXXX. I doubt if XXXX Mortgage which is defunct since XXXX, also was a member of MERS. 

All while someone assigned my " loan '' to XXXX XXXX XXXX XXXX XXXX XXXX former XXXX XXXX via collateral shipper XXXX XXXX who prepared an Allonge on XX/XX/XXXX, which was my closing day. 

XXXX initially claimed to be an " owner '' of my " loan '', but later said they are merely " Servicers '' - but never were explain WHOM XXXX is servicing and who appointed them as a Servicer. 

According to XXXX, the owner is XXXX XXXX - who has no idea about my loan ; and who purportedly dumped their " mortgage backed '' securities to Federal Reserve in XXXX, without any notices to homeowners. 

Which created a reasonable question - under which authority XXXX acted as a " Servicer '' for my " loan '' for more than 12 months, and pretended that they " collect '' my mortgage payments while it was all done by XXXX XXXX via XXXX agreements with XXXX, XXXX and their branch XXXX, XXXX. 

All my money are pocketed by XXXX XXXX XXXX while property taxes and insurances are paid by XXXX XXXX now XXXX XXXX XXXX. 

XXXX failed to explain how they obtained any rights to collect from me ; and who sold them my loan - while the fraudulent " assignment '' was prepared by FL corporation Nationwide Title Clearing Inc and " Vice President '' of XXXX  on XX/XX/XXXX in Florida and recorded in XXXX XXXX - who apparently does not care who file essential documents in their records and which rights these people have to prepare and file such documents - which fatally damage property Titles. 

XXXX was a part of mass document forgery along with XXXX XXXX ( former Lender 's Processing Services/DocX, LLC ) and subject of legal actions by Attorney Generals. 

Mortgage assignment reflects a change in creditor ownership, while the sale of servicing rights from servicer to servicer are entirely different matters. 

XXXX appeared as a " Servicer '' in XX/XX/XXXX and lied that they " purchased '' my loan from someone. However, nobody confirmed ANY sales of my " loan " to XXXX ; and nobody disclosed whom XXXX is servicing and who appointed them as a Servicer. XXXX lied that my " loan '' was " pooled '' in some XXXX XXXX security where Trustee is XXXX. However, XXXX XXXX and XXXX have no records of any security where my " loan '' is purportedly pooled. 

Nobody disclosed who is XXXX XXXX who transferred my " loan '' to XXXX XXXX XXXX XXXX XXXX XXXX renamed XXXX, who was another sham conduit for XXXX XXXX and XXXX XXXX XXXX XXXX on XX/XX/XXXX, which was my closing day. XXXX Mortgage, who was posing as a " Lender '' - also can not explain how and when XXXX obtained servicing rights. 

In XX/XX/XXXX XXXX was sued by XXXX XXXX for theft of their trade secrets. Since XXXX XXXX and XXXX work together and share a platforms, so here are possible loopholes to for fake Servicers to make some money on the side. 



On XX/XX/XXXX XXXX XXXX offered XXXX {$7.00} XXXX to purchase them even though XXXX rejected. But XXXX took over anyway, in an urgent manner, which means here was some reason for such rush - centralize all data in one hands. 



Money for this purchase were " borrowed '' from XXXX XXXX XXXXXXXX. XXXX XXXX ( co- '' buyer '' with XXXX XXXX XXXX is operated by XXXX XXXX  banker XXXX XXXX XXXX Bank XXXX XXXX collects all my money. In other words, Bank XXXX XXXX purchased XXXX via XXXX XXXX, to prevent decentralization of data. 


On XX/XX/XXXX MERS, who have no legal registration to conduct business in Michigan ; and no agency relationship with XXXX since XXXX  is only serving their members, acted as a nominee for XXXX Mortgage and " assigned '' my " mortgage '' to XXXX. 

I truly doubt if XXXX which is dissolved two years ago, was MERS member to appoint XXXX as a " nominee '' and even IF XXXX was a member, they still have no legal right to assign XXXX as a " mortgagee '' for many reasons. 


The Assignment ( enclosed ) - did not mentioned in which capacity XXXX is acting to lawfully accept my loan. 



XXXX, Florida XXXX, who also has no corporate registration to conduct business in Michigan although they file assignments all over the place, also has no agency relationship with XXXX XXXX to rightfully assign my " loan '' to XXXX. 

Yet, XXXX fabricate fake " assignments '' to fake " Servicers '' like XXXX. 


According to XXXX, XXXX and XXXX, my " loan '' is in XXXX XXXX " pooled securitiy '' where BONY is a Trustee. 



Thus, IF someone might have a legal right to accept my " loan '' after they paid VALUE for it ( purchased ) is BONY as an Agent for the Trust. But apparently XXXX is not going to lend their name anymore as a Trustee, so Assignments are randomly done to anyone who somehow fit into their role. 

The simple truth is that XXXX bought nothing as it relates to my loan. They may have succeeded to servicing rights but servicing rights do not exist in a vacuum. Servicing rights ONLY exist when the owner of the underlying debt grants authority to administer, collect or enforce the underlying obligation as evidenced by the promissory note. 



Without that connection, the servicer is not serving anyone. But by pretending to be the servicing through the publication of self-serving correspondence, statements, and notices, the use of the servicers name creates an opportunity to collect scheduled payments from homeowners even though they are not being collected on behalf of anyone who owns the underlying debt. 

XXXX XXXX CONTROL OFF TRACK BETTING In order to retain apparent control over everything without actually being in legal control, the XXXX XXXX brokers had to do two things. First, they had to make sure that none of the placeholders - XXXX, servicers or trustees ever touched any money except that which was paid to them through a convoluted series of conduits. Second, they had to make certain that none of the placeholders actually did anything. 



XXXX was an electronic placeholder with insecure access so that foreclosure players could manipulate data and apparent chains of title without ever recording those changes which were an illusion. 



Servicers were electronic placeholders often acting as the face for XXXX XXXX and sometimes other entities who controlled lockbox addresses to which all payments were forwarded. Those checks or payments were deposited into accounts controlled by a conduit for the XXXX XXXX broker. Accounting is automated so servicers could produce reports and then servicers send in robo witnesses ( usually contract employees ) to attest to the records being within the hearsay exemption as business records. 



Trustees were electronic placeholders whose only role was to rent their name out, same as MERS and Servicers, but they play absolutely no role in any administration, collection, or enforcement of any debt, note, or mortgage. 



The grant of rights, duties, or obligations from one who does not own or control them is a legal nullity. But a piece of paper saying that such a grant was made, raises inferences, assumptions or presumptions from the document A servicer is an agent of a principal. In this case, the principal would be the owner of the underlying debt. In our system you can only get to own something upon the occurrence of one of two events in the real world you buy it or it is a gift. There are no other ways to own any asset. 



PURCHASE OF A DEBT MUST INCLUDE PAYMENT In the case of a purchase, there would be easily confirmable supporting documents that show proof of payment along with an entry on the accounting ledger of the buyer showing a decrease in one asset category ( e.eg. Cash ) and a corresponding increase in another category of assets ( e.g. loans receivable or loan account receivable ). 



No such documents or ledger entries occur in the world of securitization. 
XXXX XXXX is spreading this type of disinformation to his clientele, and is basically encouraging clients of Nationwide Title Clearing to commit fraud by fabricating documents to fill in the blanks and perfect defective Chain of Titles.

Nationwide Title Clearing is promoting its Assignment Verification Report service to compare the records filed in the county with the purported document file the servicer received from a prior servicer- while knowing that most mortgages are defective and can cause real issues in a court of law. 
Unfortunately for Nationwide Title Clearing and its clients, a paper assignment can not ratify an event that never occurred. The event is the purchase of a loan or many loans. The proof is not the assignment but the payment for the assignment. Document fabricating companies, servicers and the Courts are wrong when they say the assignment could be theoretically ratified/corrected and then concluding that therefore the ( fabricated ) assignment is voidable not void.

NTC believe if someone is looking at an assignment that they should conclude that there must have been a transaction if there was an assignment. Nationwide Title Clearing is very aware of the fraud in the documents and the fraud it is attempting to white wash.

Nationwide Title Clearing is selling the concept that if they forge, fabricate and robosign a document at a nominal cost for the servicer that they can make the assignment ( or note ) valid. The proper way to look at it would be for Nationwide Title Clearing to actually investigate that there was a transaction and then proceed knowing the assignment could be valid and could therefore be legally ratified. If there is no transaction, there is nothing to ratify and therefore the assignment is void, not voidablE Nationwide Title Clearing is selling an illusion, and likely committing fraud by creating documents in which they are attempting to validate a transaction ( the assignment of a loan ) that never occurred. This is akin to Nationwide Clearing deciding to create car titles for debt collection agencies that never purchased the loans for value in the first place, but need the title to create the appearance of ownership/legitimacy. XXXX is very aware that there is an issue with the transfer of mortgages and uses fear to sell his service. He says, Try convincing an auditor that you didnt have a great process in place for loans you previously purchased or loans that have any sort of modification activity or default activity involved. He also uses the threat of CFPB compliance and investigations and warns, It is essential that the assignment is accurate, but fails to inform the reader that Nationwide Title Clearings process does little to make any part of the defective or missing assignment accurate.

If there are issues with a loan, Nationwide Title Clearing has a product to correct the deficiency.

But in my situation it is a pure fraud and illegal cloud on my Title. 
I respectfully request XXXX XXXX Recorder to REMOVE all illegal liens ; and conduct full investigation to this matter, starting with and MERS ' legal authority to conduct business in Michigan without State registration ; and assign any rights for GSEs " loans '' - without any agency relationship. As well as to identify the Company who has my " loan '' recorded as an asset on their ledger on their account receivable. So far nobody was able to find such company. 
Best regards, XXXX XXXX How XXXX XXXX Banks defraud homeowners and Investors, in details : This is a whole new level of securitization. And it was brought to us by XXXX XXXX brokers. They were not satisfied by finding undervalued bonds that would pay out 3-4 times the price on the bond market. They were not satisfied by the creation of junk bonds in which value was created out of nothing with the near certainty that the acquired companies would fail. The brokers next generations scheme was to bring forth a cloud of smoke and mirrors in which there was no value and there were no losses for the broker and they named it derivative. 

So they invented certificates that would be called mortgage bonds. They were issued not by any lender but by the brokers themselves in the name of a brand name bank, as trustee for a nonexistent trust. 
The purchaser of the certificates received discretionary promises from the broker that they would receive some regular payment not from the trustee bank who was guaranteed and indemnified against any claims or losses by the brokers. 
The investors were told that the money to pay them would come from homeowners who were putting up their homes as collateral for a loan deal. The homeowners, of course, had no idea the investors, the brokers, the trustee or the trust was named or existed. 
The homeowner thought that he/she was dealing with a company that was lending them money. That company would become known as the originator. 
But they were not given any right to collect that money. They only received a promise from the investment bank that the scheduled payments to investors would be made. Investors received no right, title or interest in any transaction, obligation, debt, note or mortgage from homeowners. And buried within the prospectus was the disclosure that the payments might come from the money the investors had advanced and not from homeowners. It might even come from investors in other deals. And any analysis by any competent securities analyst would have and did reveal that this was a Ponzi scheme. 

Meanwhile, the brokers took part of the money from the investors and paid homeowners to execute the note and mortgage. But the brokers never took ownership of the transaction, debt, note, or mortgage. The brokers started trading securities as if they owned the stock ( or loan ) but not really owning it. But the brokers took it one step further. They instructed companies to pose as loan servicers who in turn would hire attorneys to foreclose on the loans that were not owned by any of the designated parties. 

The linchpin problem in foreclosures is simple. 
The brokers had borrowed money from lenders like XXXX XXXX against the sale of certificates to investors, the proceeds of which were used to pay off the lenders. 
The borrowed money was what was used to pay homeowners. So the investors purchase of certificates was in no way linked to funding any transaction with homeowners. 
This meant that nobody owned the loan and nobody had ever made an entry on any general ledger on which any loan account receivable was ever started. It also meant that nobody had a loss arising from a missed scheduled payment from the homeowner. And since nobody in the chain had ever paid for ownership of a loan, no loan was created, despite the homeowners belief that they had applied for and received a loan. 

Since the money for the homeowner transaction came from a third party loan to the brokers, and since that loan was satisfied by the sale of certificates XXXX mortgage bonds ) there was no possible transaction in real life in which anyone could legally transfer ownership of the loan. 
Such a transfer could only ( a ) come from someone who owned it and ( b ) be effective upon payment of value for the underlying debt of the homeowner.

So they faked it. And nearly all foreclosures in all U.S. jurisdictions arise out of the transaction described above. And that means that nearly all of them were fraudulent organized schemes to defraud homeowners, investors, and all related people. When homeowners agreed to pay money to the originator and its assigns and successors, they had no idea that there was no reason to pay any money to anyone under this scenario. 

When the homeowner issued the note and mortgage, he/she did so with the contractual intent to enter into a loan agreement that never materialized. There would never be anything more than a payment history if the homeowner started making scheduled payments. there would never be a loan account a loss arising from performance on the loan, and there would never be compliance with federal and state lending statutes, rules, and regulations. 

Homeowners didnt know it and they had no way of knowing that they were not involved in a loan that would be owned by anyone. They were paid a fee ranging from 2 % -10 % of the total amount of revenue generated from the fake securitization of their loan. They had no reason to return that fee without their specific and explicit contractual assent to the arrangement. 

But what homeowner would have entered into such a transaction where there was no risk of loss by a real lender, complying with the law? What homeowner would have wanted to be part of any securitizations scheme? What homeowner would not have sought professional help from advisers? What homeowner would not have been advised that the incentives for this transaction, were not to profit from payments of interest, but rather to profit from the sale of securities? What homeowner would not have been advised that the appraisals produced for the Closing were merely made as instructed and did not represent actual value? What homeowner would have signed a deal where the securities stood to gain windfalls of money if the loan failed? 


Today we are still living with the myth that the transactions with homeowners were loans, that the concealed risks absorbed by homeowners should not be compensated, and that administration, collection, and enforcement of nonexistent accounts receivable should be allowed. We can all change that by being open to the idea that maybe it isnt the way that XXXX XXXX is selling it.

Company response to consumer: Closed with explanation