Consumer complaint received 2018-04-26
Company: Ocwen Financial Corporation
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
The Trust you claim you are representing does not exist. Delaware has certified that XXXX XXXX has not complied with Title 12, and is therefore nor recognized as a valid trust. The Secretary of State in Delaware has no record of this Trust ever being registered, and  therefore is not recognized by the State. This is a rogue Trust. You can not foreclose in either a non judicial or judicial foreclosure on behalf of a faulty, rogue trust. 
2. AHMSI ( and by continuation you as their successor ) admitted in XX/XX/XXXX when I requested the funds transfer information on the alleged Mortgage originator All Fund mortgage that there was no record of them funding the load available starting at minute 12 in the recording when I asked to speak with a manager. When asked they admitted that that All Fund never funded the loan, and that in all probability it was Table funded with funds from the Investor Pool That invalidates the loan, as the legal definition of a Loan Agreement means a written agreement between a Borrower and an Eligible Lender for consideration. Since All Fund was not the true lender, there is no agreement, and no date of consummation. Further Table funded loans, according to Reg Z of the Federal Reserve, are predatory loans per se, and the loan is therefore invalid. I have made repeated requests for copies of the wire transfers involving the origination of this loan, and you have failed to respond. 
3. Your unwillingness to provide proof of the consummation date and alleged wire transfers from All Fund demonstrated the loan was indeed predatory, and I sent a notice of rescission as the law allows. You received notice of my TILA rescission of the above alleged debt on XX/XX/XXXX by XXXX certified mail. By operation of law the underlying transaction/note are void at the moment I mailed the notice per TILA. See XXXX v XXXX XXXX Supreme Court. No party with standing filed action to challenge the rescission within 20 days as per the Statue, and are now time bared. Failure to challenge leaves the rescission now binding on all parties, and implies acceptance of the rescission by the party in standing. You are taking an Illegal action on a voided note/mortgage which was agreed to by whoever the party in standing is as evidenced by their taking no action and are in violation of federal law. 
4. You have falsified your accounting to appear to be inside the Washington 6 year statute of limitations regarding the collection of alleged debt RCW XXXX. You claim a payment from me on XX/XX/XXXX for {$63.00}. This is a complete fabrication and falsehood. I deny ever sending you these funds. You are time bared from any action on this alleged debt due to being past the 6 year statute of limitations. This is in addition to the note/mortgage being void. You have attempted to falsify your records to avoid this fact. 
5. AHMSI ( and by continuation you as their successor ) admitted in XX/XX/XXXX to using fraudulent documents in an attempt to foreclose on this property in a phone conversation with me. The representative then canceled the sale scheduled for the following day, and rescinded the Trustee Sale notice in the county records. You are using the exact same documents and are thereby committing fraud. 
6. You received my notice to cease harassing phone calls and to only communicate by mail on XX/XX/XXXX by XXXX certified mail. You failed to cease and continued to call up to 4 times a day numbering the hundreds of occurrences.

Company response to consumer: Closed with explanation