Consumer complaint received 2017-01-03
Company: Caliber Home Loans, Inc.
State: NY
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Caliber Home Loans has engaged and continue to engage in fraudulent or illegal acts and to otherwise demonstrate persistent fraud and illegality in the conduct of their business, in violation of New York Executive Law ( 63 ) ( 12 ). Pursuant to New York Executive Law 63 ( 12 ), it is unlawful for a business to engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting, or transaction of business. Caliber Homes Loans prepared and submitted in court deceptive and legally invalid assignments. Caliber Homes Loans have obtained a foreclose judgment and sale on XX/XX/XXXX against me through fraudulent and illegal means. 
New York General Business Law 349 prohibits deceptive acts and practices in the conduct of any business, trade, or commerce. 
XXXX never owns the note, has no beneficial interest in the note, and is not a party to the note, and is not authorized by the actual note holder to transfer the note, XXXX has no authority to effect this transfer. XXXX concedes in its own Procedures Manual that it " can not transfer the beneficial rights to the debt, '' and it 's terms of membership acknowledge that the XXXX system is " not a vehicle for creating or transferring beneficial interests in mortgage loans. '' Thus, assignment of mortgages excuted by XXXX certifying officers, including mortgage servicers, employees and agents, often misrepresented that XXXX had transferred, or even had the authority to transfer, the note to the foreclosing party. " XXXX can not transfer something it never proved it possessed. '' See XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX at XXXX ( N.Y. Sup. CT. XX/XX/XXXX ). XXXX certifying officers have executed and submitted in court mortgage assignments where XXXX purports to act " as a nominee for '' a defunct lender that long ago ceased operating or went bankrupt and no longer had an interest in the mortgage. See XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, at XXXX ( N.Y. Sup. CT. XX/XX/XXXX ) ( XXXX assignment is defective in part because XXXX executed assignment as nominee for a lender that was no longer operating on date of assignment ). 
The State of New York Attorney 's General Office has stated it 's a felony to file a public record with the intent to deceive. There is absolutely no doubt the enclosed Assignment of Mortgage was robo-signed by serial rob-signer XXXX XXXX. 
The enclosed Assignment of Mortgage filed in the Office of the City Register of the City of XXXX on XX/XX/XXXX, was manufactured in order to pursue an illegal foreclosure action. 
XXXX XXXX and XXXX XXXX XXXX, XXXX did [ n ] ot exist on XX/XX/XXXX and XXXX XXXX was [ n ] ot an employee ( Assistant Secretary ) of XXXX on that date. XXXX is a shell corporation with no employees. 
XXXX XXXX a known robo-signer was also showing to be an employee ( Assistant Vice President ) of XXXX XXXX XXXX on the same exact date of XX/XX/XXXX XXXX XXXX XXXX , XXXX was [ n ] ot licensed or registered to operate in the State of New York according to the New York State of Department of Financial Services ( DFS ) whom can be reached for this verification at XXXX ( Monday through Friday, XXXX to XXXX ).

Company response to consumer: Closed