Consumer complaint received 2023-06-10
Company: Ocwen Financial Corporation
State: SC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Below is an excerpt from a notarized affidavit sent to PHH Mortgage Services on XX/XX/XXXX. 

XXXX. XXXXXXXX XXXX used the credit and signatures of ********** and ******** : to create a mortgage security with a value of {$150000.00} with an account number *********** in XX/XX/XXXX. 
XXXX. The servicing of the alleged debt was transferred to PHH MORTGAGE d/b/a PHH MORTGAGE SERVICES, a subsidiary of Ocwen Financial. 
XXXX. The current balance of alleged debt is {$84000.00}. 
XXXX. Winding v. Frear ( In re Bolens ) XXXXXXXX XXXX XXXX  XXXX ( XXXX ) XXXX XXXX XXXX XXXX states Every taxpayer is a cestui que trust having a sucient interest in preventing abuse of the trust to be recognized in the eld of this courts prerogative jurisdiction as a relator in the proceeding to set a sovereign authority in motion by action XXXX. I now know that I am the beneficiary of the XXXX XXXX XXXX associated with the Social Security number of************* and am not the Trustee. 
XXXX. PHH MORTGAGE CORPORATION and its corporate officers, et al are the Trustee ( XXXX ) in this action. 
XXXX. A negotiable instrument NO. XXXX for {$90000.00} was tendered in good faith for payment in full of presentment number XXXX and settlement and discharge of all alleged debt. 
XXXX. This negotiable instrument contained clear instructions in the memo on how to process it and that it was not a check. 
XXXX. The negotiable instrument was sent via certified mail # XXXX XXXX XXXX XXXX XXXX XXXX to PHH MORTGAGE SERVICES, XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX and XXXX by XXXX XXXX on XX/XX/XXXX as evidenced by the green return receipt # XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX. Instrument NO. XXXX was transferred to PHH Mortgage Services Cash Management Department in XXXX XXXX XXXXXXXX XXXX. 
XXXX. The green read receipt of serves as evidence of a contract between ******************* and PHH MORTGAGE SERVICES via the Postal Rule. 
XXXX. The contract formed via the Postal Rule was not cancelled within the commercially accepted XXXX hour cooling down period. 
XXXX. On XX/XX/XXXX, XXXX NO. XXXX was shipped via UPS Next Day Air by XXXX XXXX with a computer generated letter from the XXXX XXXX Department stating it was returning my check because it was fraudulent and was received by me on XX/XX/XXXX. 
XXXX. PHH MORTGAGE SERVICES maintained possession of negotiable instrument NO. XXXX from XX/XX/XXXX XX/XX/XXXX ( XXXX calendar days, XXXX business days ) XXXX. This negotiable instrument NO. XXXX was returned, under claim of fraudulent check with the transactional marks XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX printed on the back of the instrument, evidencing it as a cash receipt provided to me and indicating a cash payment of {$90000.00} to PHH MORTGAGE SERVICING and fulfilling all obligations of*********and ************ in regards to loan ***********. 
XXXX. After processing negotiable instrument NO. XXXX, PHH MORTGAGE SERVICES maintained possession of negotiable instrument NO. XXXX from XX/XX/XXXX XX/XX/XXXX ( XXXX calendar days, XXXX business days ). 
XXXX. At the time of the drafting of this conditional acceptance, our account ( loan XXXX ) has not been credited with the {$90000.00} offered. 
XXXX. There must be a discharge of debt in its entirety under the Fair Debt Collection Practices Act and Regulation Z Truth-in-Lending Acct ( TILA ) with the XXXX  day time frame as mandated by law. 30 days from XX/XX/XXXX is XX/XX/XXXX. 
XXXX. PHH MORTGAGE having accepted my tender of payment for presentment number XXXX, and have not returned the mailed presentment ( Title USC 1700-1709 ), can not be the creditor of the said presentment. Under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ), PHH MORTGAGE did not adjust its accounting ledger to reflect the settlement and closure of the accounts receivable side of its accounting ledger. 
XXXX. By returning instrument NO. XXXX with the claim that it is a fraudulent check, PHH MORTGAGE has acted in dishonor according to UCC 3-305. 
XXXX. Additionally, UCC 3-603. TENDER OF PAYMENT ( b ) states If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
XXXX. Since PHH MORTGAGE SERVICES having accepted my tender of payment for presentment number ***************, and have not returned the mailed presentment, I have a claim or possessory right in the instruments and their proceeds under UCC 3-306 and all defense and claims in recoupment under section UCC 3-305 , which I exercise now, since PHH MORTGAGE SERVICES has not credited the account. 
XXXX. I, **************, have an offset available to me, due to the lack of full disclosure by PHH MORTGAGE SERVICES ( see UCC UCC 3-305, 3-306 for unconscionable contracts ). The Fair Debt Collection Practices Act, Title 15 USC 1601, 1692, 1693 provides remedies for deceptive or unconscionable contracts and allows payments in any legal tender ( UCC 1-2-1 ( 24 ), HJR-192, Public Law 73-10, Title 31 USC secc 5118d ( 2 ) ) 25. I, ***************, as agent for ******************, give International Notice of Claims for a set off and recoupment to have the assets cancel out the liabilities according to : FAS 140 ; UCC 3-305, UCC 3-601 , UCC 8-105, UCC 9-404 and the GAAP regarding this matter. 
XXXX. PHH MORTGAGE SERVICES under Federal Financing Accounting Standards ( FAS ) is required to look at its balance sheet, FAS 95 and offset the debt that the corporation owes the debtor pursuant to FAS 140. 

Given these facts, I asked for the following from PHH Mortgage Services Certificate of Service and Interested Parties However, your refusal to accept my payment to discharge my alleged debt by tendering in good faith negotiable instrument NO. XXXX under claim of fraudulent check, is conditionally accepted by me, ***************, beneficiary with the following conditions : Conditional Acceptance of Your Offer Conditions : Within XXXX ( XXXX ) calendar days of the date of receipt of this Conditional Acceptance sent certified mail return receipt, you deliver to me the following : XXXX In order to verify that instrument NO. XXXX was not processed and deposited as a cash payment, please provide : a. A true and certified copy of the complete statement of said account. ( Request regarding a statement of account '' means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request. ( XXXX ) UCC 9-210. ) b. Audit certification of debt entry in accordance with FAS 140, Generally Accepted Accounting Practice ( G.A.A.P. ), XXXX XXXX XXXX XXXX ( XXXX. ), the XXXX XXXX XXXX, and the XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) conventions. 

XXXX. Please provide evidence that as a Corporation registered in XXXX XXXX and/or specically in the State of South Carolina that you are not bound by XXXX XXXX XXXXXXXX and XXXX and the Uniform Commercial Code. 

XXXX. Please provide evidence that the Uniform Commercial Code ( UCC ) is not the comprehensive set of laws governing all commercial contracts in the United States. 

XXXX. Please provide evidence of the corporations exemption status of Article XXXX of the Uniform Commercial Code covering commercial paper such as draft, promissory notes, checks, are not acceptable as a means to satisfy payments. 

XXXX. Please provide substantial evidence to the contrary that banks are required to give a cash receipt to a customer when given a negotiable instrument for deposit in return for a cash payment to the bank. 

XXXX. Please provide substantial evidence to the contrary that negotiable instrument NO. XXXX was not processed and returned to me in the form of a cash receipt for a cash payment to PHH MORTGAGE Corporation, its subsidiaries, any of its financial partners or any other financial institution. 

XXXX. Produce substantial evidence to the contrary that the national economic emergency of the Bankruptcy of the United States in XXXX is still ongoing. And that a national remedy for discharge and acquittance was already established pursuant to 12 USC 95 and 50 USC 4305 ( b ) ( 2 ).

8. Produce substantial evidence to the contrary that Congress of the United States did legislate and provide the American People a remedy/means to discharge all debt and make purchases dollar for dollar via HJR-192 due to the declared Bankruptcy of the Corporate United States via the abolishment of the Constitutional Coin and Currency .

9. Produce substantial evidence to the contrary that the lawful coin ( i.e. organic medium of exchange ) and the former ability to pay debts and make purchases has been replaced with at, paper currency, with the limited capacity to only discharge debts. 

XXXX. Provide evidence of a XXXX on my property when it is not possible for any money to have been borrowed by me. Notes, bonds and evidences of debt are not money ( XXXX Law XXXX XXXX ). 

XXXX. Please provide evidence to the contrary that Negotiable Instruments are not used for purposes of payments of goods or services. Please provide evidence to the contrary that Negotiable Instruments are not used as a cash substitute. 

XXXX. Please provide substantial evidence to the contrary that that I have a claim or possessory right in the instruments and their proceeds under UCC 3-306 and all defense and claims in recoupment under section UCC 3-305 . 

XXXX. The Offer of payment of that certain sum of money that Debt Collector alleges/asserts, via the Presentment, constitutes Respondents debt, duty, obligation, and liability, including interest and penalties, is made dependent upon performance by Debt Collector of Conditions Precedent concerning which Respondent/Offeror is XXXX XXXX XXXX fundamental principles of American Jurisprudence and law ; namely, provision by Debt Collector of verification of the alleged debt, accompanied by documentary evidence establishing the factual basis for Debt Collectors claim for payment asserted within Debt Collectors above referenced Presentment, i.e. validation of Debt Collectors right for collecting the alleged debt In order to properly validate the alleged debt, we require XXXX XXXX to provide : XXXX. A valid contract signed in wet ink by both parties, confirming bilateral consent. 
XXXX. A true and certified copy of the complete XXXX XXXX of said account including. 
XXXX. Audit certification of debt entry in accordance with Generally Accepted Accounting Practice ( G.A.A.P. ), XXXX XXXX XXXX XXXX ( XXXX. ), the XXXX XXXX XXXX, and the XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) conventions. 
XXXX. A copy of your XXXX XXXX certificate. 


On XX/XX/XXXX, PHH Mortgage Services was sent a Certificate of Dishonor and a Notice of Discharge. Below is the text of that notice : Please file this XXXX of XXXX # XXXX providing evidence of dishonor pursuant to U.C.C. 3-505 EVIDENCE OF DISHONOR certifying that you have dishonored the Negotiable instrument # XXXX tendered by me, ************** for payment of {$90000.00} on XX/XX/XXXX for alleged loan # XXXX. 
a. The instrument # XXXX was dishonored on XX/XX/XXXX per U.C.C. 3-502 DISHONOR ( b ) ( XXXX ), which states ( XXXX ) If a draft is payable on a date stated in the draft, the draft is dishonored if ( i ) presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later, or ( ii ) presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment. 
b. Notice of dishonor was given to XXXX XXXX ( received XX/XX/XXXX ) by way of a notarial protest and affidavit in the form or Private International Administrative Remedy Demand No. XXXX dated XX/XX/XXXX. XXXX. XXXX NOTICE OF DISHONOR states ( b ) Notice of dishonor may be given by any person ; may be given by any commercially reasonable means, including an oral, written, or electronic communication ; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. 

Any and all alleged debt or obligation due PHH Mortgage by XXXX has been fulfilled and discharged based on the following facts : a. XXXX of XXXX was made and refused. XXXX U.C.C. 3-603 ( b ) - ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
b. P.H.H. Mortgage XXXX any obligation of ********* : and ********* when they returned the processed instrument # XXXX on XX/XX/XXXX. XXXX XXXX. XXXX DISCHARGE BY CANCELLATION OR RENUNCIATION, which states : ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party,. 
XXXX XXXX of XX/XX/XXXX, XXXX. Mortgage and its representatives have remained silent and have provided no rebuttal to the submitted affidavit since receiving Private International Administrative Remedy Demand No. XXXX. Therefore, per the XXXX Maxims of XXXX XXXX, XXXX. Mortgage has acquiesced and tacitly agrees to all the facts and demands contained within the reference Remedy Demand through their silence. 



I do not wish to continue this matter further. Please process release of XXXX of my property with all XXXX XXXX XXXX of Deeds and XXXX offices.

Company response to consumer: Closed with explanation