Consumer complaint received 2016-02-29
Company: PENNYMAC LOAN SERVICES, LLC.
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
PennyMac XXXX ( PennyMac ) and it 's trustee, XXXX XXXX XXXX XXXX, purportedly went forward with an unlawful/illegal sale on XXXX/XXXX/XXXX and an ongoing eviction attempt since XXXX/XXXX/XXXX, after failing to verify the purported debt and ignoring National Mortgage Settlement requirements, CA Homeowner Bill of Rights violations by XXXX XXXX Bank XXXX. XXXX XXXX XXXX along with probable fraud, false claims and other deceptive practices and crimes. The documentation provided by PennyMac and foreclosure documents filed can not be accepted as reliable evidence of a valid transaction or a verification of debt. PennyMac must be considered unlawful and stopped from committing theft of my property and violating my rights with an illegal eviction, on XXXX/XXXX/XXXX. 
XXXX and PennyMac violated the CA Homeowner Bill of Rights by not assuring the NOD ( and NTS, assignments and substitution of trustee ) are " accurate and complete and supported by competent and reliable evidence '' ( XXXX ( a ) ), and after substantiating borrower 's default and servicer 's right to foreclose. XXXX XXXX b ). They violated the National Mortgage Settlement guidelines XXXX, p. XXXX. 
The fraudulent or unreliable evidence includes notices for a DIFFERENT PROPERTY submitted to unlawful detainer court, claim loan is a Fannie Mae loan and a Truth In Lending statement that refers to property with different address and as single family home instead of a duplex. 
Neither XXXX or PennyMac Loan Services LLC, the purported servicer for PennyMac, implemented processes ensuring their documented authority to foreclose per XXXX XXXX, XXXX XXXX. 
PennyMac failed to vacate the Truth In Lending Act rescission in effect XXXX/XXXX/XXXX and illegally sold the property on the invalid basis of a void note and could not claim perfected title. They also could not claim duly perfected title with their failure to reliably document their authority to foreclose under CC XXXX XXXX a ) ( XXXX ). PennyMac answered a verification of debt request with documents mailed in XXXX XXXX but their documentation failed to confirm the debt and raises issues of fraud, failing to confirm their authority to foreclose and standing. Their documentation included a Truth In Lending statement with a different originator, XXXX 's XXXX XXXX, which differed from XXXX Mortgage, which was reported to the XXXX, and XXXX Bank XXXX XXXX. which was listed on original TIL statement and promissory note. PennyMac reported an even higher predatory rate of 12 % and a different payment for an ARM loan instead of the fixed rate of the purported loan I was assured would not have any " toxic '' issues due to the ongoing crisis. Also included was a loan history that reflects XXXX as the investor only since XXXX. XXXX claimed to be the investor since XXXX. I was assured the loan was originally a " XXXX '' loan since origination purportedly by XXXX 's XXXX XXXX XXXX, with XXXX Bank XXXX XXXX, as the original lender on the note and per my understanding of " XXXX ''. I struggled from the first payment due to the crisis, in XXXX, XXXX, and made XXXX payments for nearly {$17000.00} on 11 % rate, predatory, higher than the previous loan, with the understanding " XXXX '' would change the loan, pre HAMP. 
The Truth In Lending statement provided by PennyMac as verification of debt not only has different terms but it does not accurately reflect the property address. Instead of XXXX XXXX XXXX XXXX XXXX it lists the property as XXXX XXXX XXXX XXXX XXXX This misrepresentation raises questions as to fraud and the city actions on the property based on corrupted property data. Either this reflects a complete breakdown in the processes by XXXX, PennyMac and the city or intent to evade law by XXXX/PennyMac and/or not enforce the law to do me harm with malice. see XXXX

Company response to consumer: Closed with explanation