Consumer complaint received 2015-06-23
Company: Caliber Home Loans, Inc.
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
To Whom It May Concern, I am filing this complaint against my servicer because they have failed to comply with my Qualified Written Requests. With all the recent news and fines imposed upon various lenders and banks, I am certain that we are victims of a faulty " mortgage-backed securities loan ''. My servicer has not complied with Federal or State law, specifically California Homeowner 's Bill of Rights ( HBOR ). Under this newly enacted law, it prohibits beneficiaries or servicers from recording robosigned documents on all mortgage-related notices of default, notices of sale, assignments of deed of trust, and substitutions of trustee, recorded in connection with a nonjudicial foreclosure, as well as declarations filed in court with respect to any foreclosure proceeding. The law further states that documents must be accurate, complete and supported by competent and relevant evidence. My servicer has failed to demonstrate that the foreclosure documents recorded against our property supports their ability and/or authority to proceed with a foreclosure. We are certain that the recorded documents recorded against our property are not accurate and are robosigned. This is in direct violation of the law. HBOR mandates that before recording or filing any mortgage-related document that it must be competent and reliable to substantiate the borrower 's default and the right to foreclose, including the borrower 's loan status and loan information. Unfortunately for us, our loan has been transferred in the last year. We are certain that our current servicer is in violation of Civil Codes 2924.17 and 2924 ( a ) ( 6 ). We have no idea who the present beneficiary is of our debt obligation is. Who my servicer tells me is the beneficiary does not coincide the data we have gathered through an audit of our debt obligation. It is our belief that the Assignments of Deed of Trust recorded against our property are a complete fabrication of the truth. Despite a recent ruling that stated homeowners could challenge assignments recorded against their properties, the California courts repeatedly rule that we do n't and choose to rely on other case law. Since when does case law take priority State law? The notion that homeowners can not challenge assignments of deed of trust recorded against their property is just unconscious. We as homeowners and tax payers and not getting our due justice. It is a well-known fact that these banks have been fined millions, even billions of dollars for faulty mortgage-backed securities. If these lenders and servicers are having to pay fines for their wrong doings, how is that we as homeowners are getting slammed and rejected in court? It just makes no sense and it is a complete injustice. There have been new laws put in place to further protect homeowners against wrongful foreclosure, and yet the courts choose to ignore them and us. I felt it necessary to file this complaint to exercise our rights to find out who truly is the beneficiary of our debt obligation. We are seeking the assistance of the Consumer Financial Bureau because the courts are favoring the lenders and banks and the recorded documents against our property are in direct conflict with the audit we obtained on our property. We need your assistance in informing our servicer to cease and desist with any further action against our property, including with proceeding with a foreclosure on my home scheduled for XX/XX/XXXX, until these matters are resolved. The Assignment recorded in XXXX of this year recorded against our property is not consistent with what our audit has revealed. It does n't even coincide with the Assignment that was recorded back in XX/XX/XXXX which was executed by MERS. The Assignment recorded in XXXX was executed by Caliber. This demonstrates a complete fabrication of the truth.

Company response to consumer: Closed with explanation