Consumer complaint received 2019-12-17
Company: PENNYMAC LOAN SERVICES, LLC.
State: MI
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
Complaint and Qualified Written Request re property XXXX XXXX XXXX as an asset in XXXX XXXX Pooled Security XXXX where my VA loan XXXX was purportedly placed between XX/XX/XXXX - XX/XX/XXXX and where XXXX XXXX XXXX XXXX is a Trustee. 

I am writing this Complaint in respond to PennyMac 's Loan Services LLC respond where they insisted that PennyMac is the Issuer of XXXX XXXX XXXX securities ; and claimed certainn rights as a " purchaser '' of my debt.. 

According to XX/XX/XXXX letter sent to Senator XXXX by XXXX XXXX Vice President XXXX XXXX XXXX, the Issuer for this Trust was XXXX XXXX  who obtained assignment of my loan on XX/XX/XXXX, not PennyMac. Pursuant to IRS Rule and XXXX XXXX XXXX guide, all securities must be issued before Trust 's closing day.

Neither PennyMac or XXXX XXXX XXXX, XXXX or XXXX XXXX XXXX XXXX who purportedly was a Lender who transferred my loan to XXXX on XX/XX/XXXX ( insists XXXX ) or on XX/XX/XXXX ( insists XXXX ) were not able to provide me ANY information regarding XXXX XXXX XXXXrust which holds my loan as a security ; or ANY proof that any party Caliber or PennyMac ever paid any value for my debt, as required by XXXX XXXX MBS guide and UCC Art. 9. 

According to XXXX XXXX Guide, my loan MUST be registered on MERS website - which was not done. Please explain why PennyMac did not registered my loan and the Trust where is is held on MERS website. This is public information.

Please identify the name of the Trust which holds my loan as a security. 

Please provide me a proof of SALE of my loan from from XXXX XXXX XXXX, XXXX to PennyMac. When exactly this sale took place ; proof of recording this sale with XXXX XXXX ; copy of Pooling and Servicing Agreement with the Trust ( according to XX/XX/XXXX letter from Trustee XXXX  this PSA is available ) ; the name of XXXXstor who settled this Trust ; the name of the responsible Officer who appointed XXXX as a Trustee ; and Master Servicing Agreement with all Servicers.

15 USC 1641 does not recognize Servicers as Owners of the debt and XXXX XXXX and UCC Art 9, 203 require a proof of transfer for the value received.

PennyMac never provided me any proof that they purchased my loan means paid anything in value for it. 

On XX/XX/XXXX, my closing day with XXXX, XXXX XXXX transferred my loan to XXXX XXXX Loans, XXXX ( XXXX ) via XXXX. Under XXXX XXXX selling guide the Assignment MUST first appear on the Note ; and XXXX XXXX must be referenced, as well as any Allonges. None of it present. 

XXXX initially claimed they are " owners/investors '' in my loan which was transferred to XXXX on XX/XX/XXXX by " prior Servicer/Originator '' XXXX. This is not true because my loan commitment came from XXXX and my loan was assigned via XXXX to XXXX on the closing day XX/XX/XXXX. 

XXXX has no intention to comply with ANY laws and never provided me any validation of debt or proof of its " ownerhsip '' of my loan except forged XXXX which is a clear evidence of fraudulent conveyance, identity theft, forgery, ect.

I further request PennyMac to answer the following questions : What is the full name ; XXXX ; XXXX for XXXX XXXX Trust which holds my loan as a security.

When exactly this Trust was formed ; who is Trustor ; and what is this Trust closing date? 

When exactly my loan was sold by XXXX to XXXX and a proof of Sale recorded with XXXX XXXX as required by XXXX XXXX 's XXXX XXXX. 

Do you contend that XXXX  is a Trustee for XXXX XXXX XXXX Trust? Do you contend that the subject XXXX is subject to IRC 301.7701 ( i ) -1 Definition of a taxable mortgage pool? Do you content that the subject XXXX is subject to IRS XXXX? Do you contend that the subject XXXX is the actual and legal owner of the subject debt, note and mortgage? If Yes, please describe the manner in which the subject debt, note and mortgage were acquired or became entrusted to XXXX as Trustee of the named XXXX. 

Please provide me a copy of my Mortgage Registration with XXXX XXXXXXXX XXXX Pool aka ( Schedule of Mortgages which every loan must complete on HUD Form 11706, 4 pages document ) Please provide me a copy of Pooling and Servicing Agreement ( PSA ) for this Trust. 

Please provide me acopy of XXXX XXXX written Approval of the Transfer of my loan from XXXX to PennyMac, as required by XXXX XXXX XXXX Transfer rules ( MBS Guide ) Explain when PennyMac issued securities for XXXX XXXX 's Trust if it must be done within 30 days of Trust 's closing date. 

According to XXXX 's written respond on XX/XX/XXXX,, this Trust shall have PSA which regulates all Servicing Activities.

If PennyMac does not have PSA for this Trust, please describe the document upon which XXXX XXXX 's XXXX was created, organized and still exists. 

As stated in 301.7701 ( i ) -1 Definition of a taxable mortgage pool, does the named XXXX qualify as a legal entity? Does the named XXXX own assets? If yes, please describe the assets. 

Are substantially all the claimed assets categorized as debt obligations? Is the debt in the subject disputed loan one of the assets owned by the named XXXX? 

If yes please describe the date, parties and location of the transaction in which the named XXXX became the owner of the subject debt. If yes please list and describe the date and parties involved ( as Payors or Payees ) in the distribution of any money by or on behalf of XXXX Bank relating in any way to the subject XXXX and relating in any way to the subject contested loan. 

Best regards, XXXX XXXX XXXX XXXX Veteran Homeowner and resident of XXXX XXXX XXXX, XXXX, MI

Company response to consumer: Closed with explanation