Consumer complaint received 2022-09-09
Company: FIRST INTERSTATE BANCSYSTEM, INC.
State: GA
Product: Mortgage
Sub-product: VA mortgage
Issue: Closing on a mortgage

Complaint:
This is to add to the current complaint I have against Great Western Bank ( GWB ) and re-reading the old compliant from XXXX, GWB seem to think that a document can be delivered and recorded at anytime when in fact the document must reflect the issue at the time when GWB would have been owed a debt. When GWB recorded the Deed of Trust ( DOT ) on XX/XX/XXXX, it was not owed a debt against the property at XXXX XXXX XXXX XXXX XXXX, because the mortgage loan had been paid in full by XXXX  XXXX XXXX  ( XXXX ) on XX/XX/XXXX, which all financial interest in the XXXX XXXX VA mortgage loan. As the recording of the DOT is not mandatory but if the document is to be recorded the recording party must have a current financial interest at the time of the delivery and recording of the document. Yes XXXX is the successor of the mortgage loan debt and on XX/XX/XXXX, when GWB cause the DOT to be recorded the debt belonged to XXXX for 22 days and they had already had the loan accepted by Ginnie MBS program which the UCC3 procedure was perform and the blank endorsed Mortgage Note was relinquished to Ginnie making Ginnie the owner of the Mortgage Note, but is not authorize the power of the DOT because it did not purchased the mortgage loan as it not authorized by US Congress to buy or sell mortgage loan. As long as the lender does not sell the mortgage loan they don't have to record the DOT until they want to sell the loan or foreclosed on the property, which GWB did sell the mortgage loan on XX/XX/XXXX and after that date are not owed a debt and have benn paid in full. So XXXX  can not be a party to the Mortgage loan as the requirement are that GWB is asking that XXXX  join with the recording of the DOT which the DOT does not take effect until the it is delivered and recorded at XXXX XXXX XXXX XXXX XXXX XXXX and XXXX  system is not started until a valid DOT is recorded to start that process. GWB last stated that Nebraska Statute 21,20,168 was repealed in XXXX, however the legal recording occurred in XXXX! GWB responded that I bring this up with the servicer of the mortgage loan, but as GWB imputed into XXXX  on by XXXX XXXX on XX/XX/XXXX that service rights transfer took place on XX/XX/XXXX as GWB was still servicing the loan through that date. GWB XXXX XXXX have a uncomfortable option to come to me and have my wife and myself sign a new DOT to grant XXXX permission to recorded before XX/XX/XXXX, new XXXX owned the Mortgage loan, however, after XX/XX/XXXX, it is Ginnie Mae through the UCC3 procedure that is owner of the Mortgage Note but not the loan debt, and XXXX XXXX XXXX is not inform of the XX/XX/XXXX sale of the mortgage loan and that on XX/XX/XXXX, is now the owner of the Mortgage Note that restricts XXXX from acting on the mortgage loan as they don't have authorization of the Mortgage Note that protecting the MBS that they created and have received monies from the investors that is required to be paid back before the mortgage loan is released from the Ginnie pooling. It is all about the timing of the recorded DOT as to who could non-judicially foreclose as only the originator can call the loan due without having to provide proof of ownership of the mortgage loan, and when another party is calling the loan due as the UCC3 procedure and the physical transfer of the Mortgage Note has taken place then UCC9 must be followed which in XXXX NE Statute 21-20,16 was in effect and XXXX  did not have certificate of authority and violated NE Statute 76-2710 using the invalidly recorded DOT, as nominee to file Assignment of Deed of Trust to XXXX XXXX XXXX  that did not paid GWB or XXXX or Ginnie value for the Mortgage loan and prevented me for rightly defending my property. GWB on XX/XX/XXXX, imputed into XXXX  Transfer of Beneficial Rights Option 1 that indicates that the transfer took place on XX/XX/XXXX the day my loan was accepted into the XXXX Ginnie MBS. So on XX/XX/XXXX XXXX knew that XXXX did not own the Mortgage Note because it imputed the data required for all mortgage loans placed into the Ginnie pool, but there was a violation of Ginnie requirement that the DOT and all assignment be present in the loan file when placing the loan into the pooling but GWB know the DOT has not been recorded and there are no assignment which one is required from GWB to XXXX. Yes GWB does not own the mortgage loan after XX/XX/XXXX, however they still are acting on the mortgage loan due to not recording the DOT when they had authorization to do so with that authorization ended on XX/XX/XXXX! The debt follows the Mortgage loan which was owned by XXXX, however, the failure to start the recording doe not grant a late filing when that party doe not have a financial interest to place a lien against the property when in fact GWB been paid in full before delivering the time sensitive instrument! Because GWB illegally recorded the instrument it allow XXXX and XXXX  the ability to make it look as if XXXX purchase the debt from GWB 6yrs later as XXXX XXXX was not inform about the XX/XX/XXXX sale and the XX/XX/XXXX blank Mortgage Note transfer to Ginnie which both GWB was aware of at the time! 

GWB needed to have deliver and recorded the Deed of Trust between XX/XX/XXXX and XX/XX/XXXX because it is not owed a mortgage loan debt from me after XX/XX/XXXX, as the Deed of Trust is not mandatory to be recorded unless the bank wants a lien against the property, as XXXX did not record an Assignment of Deed of Trust as it was their option to do, but XXXX who lost {$30.00} XXXX and now does not exist had a different way of doing business and have a duty to have needs a DOT recorded by XX/XX/XXXX as GWB failed to record the initial DOT on or before XX/XX/XXXX when that was the last day they had a financial interest in the mortgage loan!

Company response to consumer: Closed with explanation