Consumer complaint received 2019-11-30
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX, XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX  XXXX. and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$650000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the " borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged " Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s ) follows : FROM : XXXX XXXX, a living woman, XXXX XXXX, As Attorney In Fact, XXXX XXXX XXXX XXXXXXXX, CA XXXX, XX/XX/XXXX, TO : XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX , XXXX, Foreclosure Trustee, XXXX XXXX   XXXX, XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, TO : XXXX XXXX, CEO, Bayview Loan Servicing LLC, RESPONDENT, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX, FL XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels,  collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1.  .. In regards to Foreign or Interstate Commerce : Public Law 89-485 July 1, 1966 AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 " Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. " ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a  transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ;  Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least two hundred fifty thousand dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS  COMMENCED UPON THE FOLLOWING : 1 )  Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the  freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. " Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( XX/XX/XXXXEdition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, XXXX XXXX, XXXX XXXXAttorney in Fact, XXXX XXXX, Alternative Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERAL, XXXX XXXX, Attorney General, XXXX. XXXX   XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX  XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX

Company response to consumer: Closed with explanation