Consumer complaint received 2017-05-16
Company: Servis One, Inc., Titusville, PA Branch
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
My name is  XXXX   XXXX  and  BSI Financial  has been my loan servicers since   XX/XX/XXXX  , and they encouraged me to work with  keep your home California, however keep your own California takes very  long time to review my request for assistance and BSI keeps placing my home up for sale every month and it is very stressful and nerve wracking. Since last year we 've requested loan modification from  BSI several times, however and they do not give such an op tion. This is the only home I have and my family lives here, b ut BSI  only wishes to sell it. I want to start paying for mortgage again, but they are asking for too high of price for a home that is only  XXXX  square feet.   We found a lot of fraud, especially with the   XXXX    company. You can look at the attachments and see what kind of fraud   XXXX   creates. They tried to sell my property illegally, they do n't have any right to sell my property on   XX/XX/XXXX .      XXXX   XXXX   XXXX   XXXX   XXXX   (   XXXX    ) i s a corporation incorporated in  XXXX , Delaware, with its principal place of business located at  XXXX   XXXX   XXXX ,  XXXX   XXXX ,  XXXX , Virginia  XXXX .  XXXX  operates an electronic registry and owns no property or has no interest in any matter set out in this complaint. The governing documents and membership agreement with  XXXX  indicate that   XXXX   is prohibited from having an ownership/beneficiary interests in the property, note or deed of trust.   XXXX   is named the original nominee beneficiary under the DOT dated   XX/XX/XXXX ,  holding only legal title.  XXXX   registration status with th e California Secretary of State  was suspended from    XX/XX/XXXX   to  XX/XX/XXXX .      XXXX   XXXX   with its main office located at  XXXX   XXXX   XXXX ,  XXXX , CA  XXXX , who is authorized to do business in the State of California.   XXXX   XXXX    is neither th e original lender nor a party to the Original Transaction  XXXX   XXXX   XXXX    XXXX . is  a National Association, with its main o ffice located at  XXXX   XXXX   XXXX   XXXX ,  XXXX ,  XXXX   XXXX , California  XXXX , who was not, and is not, authorized to do business in the State of California, as reflected on the State o f California Office of Secretary of State we bsite. Only a similar named company,  XXXX    XXXX    XXXX  was, but no longer is, registered with the Office of the Secretary of State at all times relevant, as reflected on th e State of California Office of Secretary of State  website   http : //kepler.sos.ca.gov/, i  n which the Office of the Secretary of State website shows a Dissolved status of  XXXX    XXXX     XXXX  registration, effective   XX/XX/XXXX  . Another company registered with the  State of California Office of Secretary of State,    named  XXXX    XXXX   was registered but does not appear to be the same entity as  XXXX   XXXX   XXXX   XXXX   XXXX , as its address is listed as  XXXX   XXXX   XXXX ,   XXXX   California  XXXX .  XXXX  is a subsidiary of  XXXX   XXXX   XXXX   XXXX   XXXX   XXXX , which has now been taken over by   XXXX   XXXX   XXXX   XXXX ,  XXXX . As such,  XXXX  is now a subsidiary of   XXXX   XXXX   XXXX   XXXX ,  XXXX .  XXXX  is neither the original Trustee nor a party to the Original Transaction O n  XX/XX/XXXX ,  a NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST ( hereinafte r,  NO D1   )   was executed by  XXXX   XXXX   XXXX , in the capacity as Authorized Signer of  XXXX , as agent for the purported Beneficiary. Said  NOD1was reco rded at the  XXXX   County Recorders Office  o n    XX/XX/XXXX  as Docu ment number  XXXX  page  XXXX . On   XX/XX/XXXX , a Sub stitution of Trustee ( hereinafter,  SOT1 )  was purportedly executed  in the County of    XXXX , California. At the time of said execution of SOT1  XXXX   XXXX  actually worked for  XXXX  in  XXXX   XXXX ,  XXXX   XXXX . Thus, he was not physically present in  XXXX   County,   Californi a ( USA ) a t the time said document was notarized purportedly by notary public  XXXX   XXXX . Said SO T1    was recorded at the  XXXX   County Recorders Office o n   XX/XX/XXXX  as D ocument number  XXXX  Page  XXXX . Said SO T1 pu rportedly substituted  Defendant   XXXX   as Trustee.   Also, on     XX/XX/XXXX , a s econd Assignment of Deed of Trust ( hereinafte r, ADO  T2 )  was purportedly executed i n the County of    XXXX , California by  XXXX   XXXX ,  XXXX   XXXX  neither worked  for    XXXX   nor  XXXX  as an  Officer  (  Assistant Secretary ) Rat her, at the time of said execution of both the  S  OT1 and ADOT2,   XXXX   XXXX  actually worked for  XXXX  in  XXXX   XXXX ,  XXXX   XXXX ! Thus, he was not physically present in  XXXX   County, California ( USA )  at the time said document was notarized purportedly by  XXXX   XXXX . Sai d ADO T2 w  as recorded at the  XXXX   County Recorders Office   on  XX/XX/XXXX  as  Document number  XXXX  page  XXXX  Said ADO T2 pur portedly CONVEYED ALL RIGHTS, TITLE AND INTEREST IN my Deed of Trust ( D OT ), togeth er with the Note, over to  XXXX . The     XXXX    Board Of Directors Has Neither Voted On, Approve d, Nor Ratified Any Vote Authorizing  XXXX  Employee,  XXXX   XXXX , To Sign In The Capacity As An Officer of  XXXX  As Required by the   XXXX   Bylaws.   Furthermore, it is clear that, as a result of the Robo-Signed execution of said  SOT 1  ( & ADOT 2 )   by  XXXX   XXXX , who was a emploee of  XXXX , and whose work location was located  XXXX   XXXX ,  XXXX   XXXX  at all times relevant, and whose authority to act on behalf of   XXXX   as an  Officer  when executing official documents is unauthorized by the  Board of Directors of   XXXX  ( in direct violation of the   XXXX   By-Laws ), said  SO  T1 ( & ADOT2 ) is  void because the  XXXX   Board of Directors never voted on, and approved, his authority to execute official documents as an Officer o  f   XXXX      As a result, said  S  OT1 ( & ADOT2 ) are void based on this issue alone no Rescission of said void SOT1 ( nor ADOT2 )  has ever been recorded at the   XXXX  County R ecorders office Therefore, since,  XXXX   XXXX  was not authorized by the  XXXX   Board of Directors to  execute documents in the capacity as an Officer o f  XXXX  , said execution of said  SO T1 ( & ADOT2 ) is  void , invalid and of no legal effect because it was not executed by a party with authority to execute documents on behalf of  XXXX     XXXX   XXXX  Signatures Inscribed on Said  S  OT1 ( & ADOT2 ) to Execute Said SOT1 ( & ADOT2 ) Are Forgeries, Rendering Said SOT1 & ADOT2 V  oid On Their Face

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation