Consumer complaint received 2018-03-21
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
lets start at the beginning! in XX/XX/XXXXthe original lender XXXX XXXX that I signed a promissory note I endorsing the note to tender payment by Ucc code. the Mortgage company by state law was supposed to transfer promissory into a remic or a special purpose vehicle To the appropriate payee, and to file XXXX  OID for tax purposes to identify payor & payee. the note was securitized which voided it when separated form the mortgage. I am an investor in the mortgage security instrument. I requested a copy of my loan docs which are separate from the mortgage agreement. the credit line the was supposed to be the source of funds that where lent to me to purchase the home which the promissory secured loan. I was induced and coerced into signing a mortgage agreement for my security that I owned and being the issuer of the investment contract not a mortgage loan to be traded on and to be recouped toward my loan balance. I also submitted certified letters to the servicer OCWEN LOAN SERVICING which has claimed to be the servicer and new holder in due course. They have not responded to the letters that I sent to them stating proof through affidavit that they a authorized to service the note or the proof of the validity of the note ( the original ) NOT A COPY. OCWEN LOAN SERVICING didn't reply to letters so I filed a Revocation of Power of attorney and sent them a copy filed in court record that the have been revoked of the right of power of attorney as servicer & Trustee removed for good cause. The servicer is still trying to foreclose. 

AFFIDAVIT OF XXXX XXXX XXXX XXXX. 

XXXX XXXX XXXX XXXX. 
c/o XXXX XXXX XXXX XXXX, [ XXXX ] Texas To : OCWEN LOAN SERVICING XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, FL. XXXX ACC # XXXX XX/XX/XXXX The undersigned, XXXX XXXX XXXX XXXX a native state Citizen and natural person, hereinafter Affiant does herewith assert and declare on Affiants unlimited liability that Affiant issues this AFFIDAVIT OF XXXX XXXX XXXX XXXX with sincere intent, that Affiant is competent to testify and state the matters set forth herein and is willing to testify with first hand knowledge, all contents herein are true, correct, and complete in accordance with Affiants knowledge, understanding, and intent. Affiant is of sound mind, and over the age of twenty-one. Affiant reserves all rights. Affiant being unschooled in law, and who has no bar attorney, without an attorney, and having never been represented by an attorney, and does not waive counsel, knowingly and willingly Declares and duly affirms : 1. Affiant is not a legal entity nor any other form of juristic or artificial person. 
2. OCWEN LOAN SERVICING is engaged in the business of taking deposits making loans. 
3. Affiant, regarding the absolute and legal estate, is the sole legal and absolute owner, maker, or issuer of the estate and any asset ( s ) or property ( ies ) regarding the absolute estate and Affiant has never assigned, transferred, nominated any of Affiants right, title, or interest to. OCWEN LOAN SERVICING. 
4. Affiant has no knowledge of nor has OCWEN LOAN SERVICING ever revealed or disclosed to Affiant  any trust relationship or creation of any trust with OCWEN LOAN SERVICING or any other ( s ) regarding alleged account # XXXX or the Mortgage/Deed of Trust regarding the same. 
5. It was never Affiants intent to agree or consent to any trust relationship or creation of trust between OCWEN LOAN SERVICING and Affiant. 
6. Affiant never knew of nor agreed nor consented to OCWEN LOAN SERVICING or any others granting authority and becoming a trustee, agent, or having agency over any of Affiants property. 
7. Affiant understood Affiant was obtaining OCWEN LOAN SERVICINGs capital and not obtaining credit or a line of credit nor an open end nor closed end of any form of credit. 
8. OCWEN LOAN SERVICING advanced money or property inducing Affiant into believing said advancement was from OCWEN LOAN SERVICINGs funds when in fact was credit. 
9. Affiant was induced by OCWEN LOAN SERVICING into believing OCWEN LOAN SERVICINGs capital was the only funding source of the alleged transaction. 
10. OCWEN LOAN SERVICING actions to date prevent full disclosure to Affiant   denying Affiant an opportunity to make a fully informed decision with regard to this alleged transaction.

11. OCWEN LOAN SERVICING never disclosed any documented fact that OCWEN LOAN SERVICING purchased Affiants  alleged obligation thereby allegedly obligating Affiant to OCWEN LOAN SERVICING. 
12. CREDITOR NAME HERE induced Affiant  into believing OCWEN LOAN SERVICINGs capital was the sole source of funding regarding alleged account # XXXX. 
13. OCWEN LOAN SERVICING is knowingly and willfully engaging in the collection of an extension of credit while inducing Affiant  into believing Affiant is repaying OCWEN LOAN SERVICINGs own capital. 
14. OCWEN LOAN SERVICING is using extortionate enforcement of payment without clear and full disclosure of foundation to Affiant. 
15. OCWEN LOAN SERVICING is intentionally concealing and withholding material facts regarding any trust or the creation of any trust in the alleged Mortgage/Deed of Trust connected to alleged account # XXXX 16. OCWEN LOAN SERVICING is intentionally concealing and withholding material facts in any trustee or beneficiary, designated, nominated, appointed, or assigned by Affiant. 
17. OCWEN LOAN SERVICING is willfully withholding or concealing full disclosure of all material facts to Affiant. 
18. OCWEN LOAN SERVICING is using undue influence upon Affiant to retain domination over the Affiants will to obtain the rights and property of Affiant without Affiants complete knowledge and intentional consent or agreement. 
19. OCWEN LOAN SERVICINGs action ( s ) exceed persuasion under duress by restraining and injuring Affiants will, property, and rights without the consent, agreement and knowledge of Affiant. 


Any man or woman having first hand knowledge of all the facts asserted herein and having absolute power and authority to rebut this affidavit must rebut each and every point separately with the rebutting partys own signature and endorsement notarized, under the penalty of perjury and willing to testify, and executed as true, correct, and complete with positive proof attached. Absent positive proof any rebuttal shall be deemed null and void having no force or effect, thereby waiving any of OCWEN LOAN SERVICING immunities or defenses. 
Any rebuttal shall be mailed to the undersigned and the Notary address within ten ( 10 ) calendar  days of OCWEN LOAN SERVICINGs receipt of this affidavit. 
When a rebuttal is not received by both the Affiant and the Notary within 10 days this entire Affidavit and default provisions shall be deemed true and correct. 
OCWEN LOAN SERVICING further agrees and consents to this administrative notice and default under this affidavit as clear and convincing evidence and proof of the facts asserted herein : 1. OCWEN LOAN SERVICING agrees to a Deed of release or release of Mortgage.

2. OCWEN LOAN SERVICING agrees to set aside any Mortgage/Deed of Trust.

3. OCWEN LOAN SERVICING agrees that each point in this affidavit shall constitute a single claim against OCWEN LOAN SERVICINGs bond ( s ) for each point not directly rebutted by OCWEN LOAN SERVICING. 
4. OCWEN LOAN SERVICING agrees to release any information, rather private or otherwise, to Affiant about any of OCWEN LOAN SERVICINGs or OCWEN LOAN SERVICINGs agents or representatives Employee Dishonesty Bond, Directors and Officers Policy Bond, or any other liability bond ( s ), including the insurance or bond company name, bond company information, bond enforcement information, or any other of OCWEN LOAN SERVICINGs bond information Affiant  requests. 
5. OCWEN LOAN SERVICING hereby obligates and guarantees OCWEN LOAN SERVICINGs bond ( s ) to secure the performance of non rebuttal of this affidavit to Affiant for any unfaithful performance of fiduciary duties, financial loss, or damages sustained by Affiant in connection to any breach of contract or this affidavit. Any amount is not limited by the value of any property or costs incurred by Affiant in seeking remedy for OCWEN LOAN SERVICINGs breach.

6. OCWEN LOAN SERVICING shall further agree that once or if OCWEN LOAN SERVICINGs bond ( s ) expire, terminate or do not equal the total amount due Affiant, OCWEN LOAN SERVICINGs President, Directors, and any of OCWEN LOAN SERVICINGs agents and representatives shall  become individually liable for any difference due Affiant. 
7. OCWEN LOAN SERVICING obligates and guarantees OCWEN LOAN SERVICINGs current or future bond ( s ) to discharge any allegations against Affiant..

8. OCWEN LOAN SERVICING immediately grants to Affiant the unconditional right of rescission regarding alleged account # XXXX  and any security interest attached thereto.

9. OCWEN LOAN SERVICING agrees to the filing of a UCC-3 deleting the alleged mortgage/deed of trust in any public record.

10. OCWEN LOAN SERVICING agrees to the filing of a UCC-5 Correction in any public registry to correct the inaccurate, unlawful or illegal mortgage/deed of trust in any public record.

11. OCWEN LOAN SERVICING agrees this affidavit shall be used as first party evidence or positive proof in any remedy sought by Affiant.

12. OCWEN LOAN SERVICING shall return any money or property of Affiant including but not limited to any original documentation, including but not limited by, any Notes, securities, assets, applications, transfers, blotters, book entries, assignments, and security interests to Affiants address stated herein. 
13. OCWEN LOAN SERVICING waives all rights to adjudicate the alleged agreement referenced herein.

14. OCWEN LOAN SERVICINGs president and any directors waive all immunities regarding any future actions sought by Affiant.

15. OCWEN LOAN SERVICING shall immediately terminate any security interest and certify to Affiant  the termination within 10 days.

16. OCWEN LOAN SERVICING is barred from any alleged right, title, or interest in any alleged account, note, monetary instrument, asset, or Mortgage/Deed of Trust regarding Affiant.

17. Any alleged trustee, or successor of OCWEN LOAN SERVICING is hereinafter completely removed and disqualified as trustee, agent, or successor by Affiant.

18. OCWEN LOAN SERVICING and any of OCWEN LOAN SERVICINGs assigns or nominees are estopped henceforth from any action against any of Affiants rights or property.

19. OCWEN LOAN SERVICING abandons all right of : entry, possession, judgment, assignment or notice regarding Affiant or Affiants property. 
20. OCWEN LOAN SERVICING abandons the right of any alleged waiver or estoppel.

21. OCWEN LOAN SERVICING hereinafter discharges any alleged Mortgage/Deed of Trust or any alleged debt.

22. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING is in violation of the Statute of Frauds.

23. All relationships between OCWEN LOAN SERVICING and Affiant are null and void.

24. OCWEN LOAN SERVICING hereby admits to causing Affiant  to enter an alleged agreement under mistake.

25. The alleged Mortgage/Deed of Trust recorded and filed in any public record is a result of the aforementioned mistake and therefore is null and void.

26. OCWEN LOAN SERVICING agrees that Affiant is the absolute legal and lawful titleholder of Affiants property referenced herein. 
27. OCWEN LOAN SERVICING agrees that Affiant  is a victim of Larceny and unlawful conversion by OCWEN LOAN SERVICING.

28. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING filed simulated process in the public record.

29. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING breached Trust of Realty regarding Affiant.

30. OCWEN LOAN SERVICING agrees and consents that OCWEN LOAN SERVICING has no power of sale regarding alleged Mortgage/Deed of Trust or property of Affiant.

31. OCWEN LOAN SERVICING agrees and consents to Injunctive relief for Affiant.

32. OCWEN LOAN SERVICING agrees that CREDITOR NAME HERE has breached any express trust by disloyalty.

33. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING has breached the oral trust relationship with Affiant. 
34. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING has employed the extortionate extension of credit with regard to Affiant.

35. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING is hereby removed and disqualified as trustee ( s ) pursuant to : a. Conflict of interest b. Concealment c. Breach of fiduciary responsibility ( ies ).

d. Fraud.

8-102 subsection 9 ( 9 ) " Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. 
As context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. 
( 10 ) [ reserved ] ( 11 ) " Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.

Company response to consumer: Closed with explanation