Consumer complaint received 2022-03-04
Company: PENNYMAC LOAN SERVICES, LLC.
State: MI
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Complaint against XXXX XXXX XXXX XXXX XXXX and PennyMac Loan Services , LLC for impersonation and racket. Notice of Intent to Sue and Legal Hold and Preservation of all Documents for anticipated litigation. 

Dear CFPB, Please find attached an official letter from HUD who for the second time confirmed that HUD  and XXXX XXXX has no records about my transaction starting from alleged lender XXXX XXXX, XXXX ; no records about PennyMacs loan or any servicing activities of this loan ; no records of loan account receivable ; no records about XXXX XXXX XXXX XXXX where my loan is pooled by unknown to me parties and where XXXX XXXX XXXX XXXX  ( XXXX  ) is a Trustee. XXXX XXXX never heard about Partial XXXX XXXX offered to me by XXXX XXXX XXXX, XXXX branches XXXX, XXXX and XXXX. 

XXXX  deny any involvement in my transaction, including any receipt of my money forwarded to XXXX by PennyMac. 
Credit Bureaus do not have any records about lender XXXX XXXX  XXXX XXXX on my credit report at all. So, it is unclear how XXXX XXXX was able to hire XXXX  as their nominee and transfer my mortgage ( which is allegedly owned by XXXX XXXX who does not have records for it ) and pass it to PennyMac in XXXX, while all documents must be returned back to XXXX XXXX XXXX XXXX. 
Since here was NO Lender XXXX XXXX from the beginning, all following fake sales are irrelevant. The loans were never sold because there was nothing to sell. The transaction is not booked as a loan receivable or as any receivable because everyone is paid off completely upfront 100 %. 
I didnt know that I was dealing with undisclosed to me Investment bank  who acted via XXXX  XXXX XXXX XXXX XXXX who used XXXX  XXXX XXXX XXXX XXXX who acted under glimpse of XXXX XXXX to pass me information about money which is based on the prior securitization with the property seller, in XXXX. 
I was completely unaware of the reality of my transaction and the transformation from what I intended to what the investment bank intended. 
I am not bound by consent to a transaction that was neither presented nor accepted by me since I knew nothing about it and it is still actively concealed from me, even though I requested disclosures many times. 
If the banks wanted to propose a transaction in which I agreed to treat the extra-legal creation of a virtual creditor as though there was a real creditor with a real account receivable, then they should have said so. But they didnt and still lie to me about everything, including servicing by PennyMac who does absolutely nothing except allow to use their name. 
But then they would have had to disclose the revenue generated from the real transaction and given me the opportunity to bargain for a piece of the pie. 
Instead undisclosed to me XXXX XXXX XXXX  dictated the terms of acceptance by hiding those terms from me. 
Based on numerous responses from various Agencies, but no disclosures from PennyMac - question is whether the loan account receivable still exists or ever existed was answered. There is no loan account and never was a loan account. 
XXXX XXXX and banks fabricate documents to enforce the promise I made to fake party XXXX XXXX- who was merely a cover up for a chain of sham conduits who always unable and unwilling to produce any original source evidence supporting the truth of the matter asserted that the debt or obligation exists. 

The reason for this is that the plan was always to sell securities while pretending to loan money. Part of the plan was designed to convince ( i.e., mislead ) everyone into thinking that the securities were shares of debts and loans. They were not, and so the loans were never sold because there was nothing to sell. The transaction is not booked as a loan receivable or as any receivable because everyone is paid off completely upfront 100 %. 

Since the sale of the securities is based on data relating to the transaction with me and the prior p owner instead of being shares of ownership in the transaction, there is no limit to the number of securities that can be sold. 

The prior transaction was already paid off in full many times. And there is no current demand by the investment banker to collect money from itself. 
XXXX and XXXX XXXX does not have any proof that PennyMac is an Issuer of XXXX XXXX XXXX ; or any information or documents which can prove that PennyMac owns or servicing any loans. 
All so-called servicing activities,, including sending me billing statements for non-existing debt ; forbearance ; fake Modification and XXXX XXXX are prepared by other companies under leadership of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX on sham conduits who merely use PennyMacs name on their letterheads. 
XXXX XXXX ( owner of XXXX ) must stop his racketeering activities, and disclose to me how much money is owed to ME by undisclosed investment bank, refund all money illegally collected from me ; and remove illegal liens such as Mortgage with fake lender XXXX and illegal Assignment from my property Records. 
This is also my Notice of Intent to Sue and demand to put legal hold on all documents related to my and the prior transaction. 

When Companies facing litigation and regulatory or enforcement proceedings today, they must bear not only the enormous burdens of electronic discovery, but also the risk of increasingly expensive penalties for failing to preserve email and business records from the earliest possible moment after a dispute arises. 

Charges and liabilities for aiding and abetting wrongful conduct. Faced with these challenges, its is essential that your Company issue litigation holds as soon as any type of formal legal proceeding is reasonably anticipated. Both, civil and Federal courts have held that the failure to design and implement an adequate litigation hold may constitute negligence. A recent example is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX  XXXX ( XXXXXXXX XXXX XXXXXXXX ), in which a defendant was held in contempt of court for its failure to implement an adequate litigation hold. The court entered a default judgment and required the defendant to pay plaintiff 's costs and attorneys ' fees. 

Please be advised that I place a litigation hold on all and any documents, including co-workers emails and employment decision documents. XXXX v. XXXX, XXXX XXXX  XXXX, XXXX. You must preserve and retain all paper files and electronically stored information that is related to this matter. In the paragraphs below, I have outlined my recommendations for ensuring that all potentially relevant evidence is preserved. 

I can not stress enough the importance of taking immediate actions to preserve this information as failure to take adequate steps to collect and preserve evidence, including electronic evidence, could result in severe sanctions being imposed by the Court for spoliation of evidence. I recommend that you take the following four steps to ensure that all date, including electronic date, is preserved : 1. You should agree on one person to take a lead in preserving all information potentially relevant to this matter. This person will insure that these steps are taken in their entirety, and that steps are not accidentally skipped because they all assume that the other is taking care of it.

2. You should develop a strategy for preserving ALL electronic data in your possession, including consulting an information technology specialist if necessary. You are required to preserve all electronic data, including but not limited to, emails, electronic documents ( such as documents created using XXXX XXXX XXXX XXXX, XXXX  and the like ) ; data generated by calendaring, task management, and Personal Information Management ( PIM ) software ( such as XXXX XXXX XXXX XXXX ) ; data created with the use of document management software ; all data created with the use of paper and electronic mail logging and routing software ; all Internet and Web browser generated history files, caches and cookies files ; all electronic activity logs ; and employee personal e-mail accounts. You must preserve all potentially relevant data, regardless of whether it is contained on business or personal computer, Personal Digital AssistantsXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. If you automatically dispose of or recycle digital or paper files, digital back-up files/tapes ; or any other storage media ( possibly pursuant to a document retention policy ), I recommend suspending such program for the time being. We can then discuss which information should be preserved throughout the litigation. 

4. If your document retention policy previously resulted in the destruction of electronically stored information that can still be reasonably recovered, please recover this information immediately. If it is possible to recover information for a significant period of time, please contact me to discuss the relevant period of time for recovery. Once you have had an opportunity to consider the points raised in this letter, please contact me to discuss this matter in greater details Regards XXXX XXXX

Company response to consumer: Closed with explanation