Consumer complaint received 2023-03-11
Company: Ocwen Financial Corporation
State: LA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Gentleman, This complaint is in continuation to : CFPB Case ID : XXXX Case Number : XXXX Wells Fargo has alleged to the CFPB that it is not the appropriate company at issue. Wells Fargo is lying to the CFPB. 

The submitted Appellate Court Ruling alone is evident that Wells Faro is indeed the appropriate company at issue. 

In addition to the submitted documentation to my original complaint filed with the CFPB on XX/XX/XXXX, I am attaching further documentation evidencing that Wells Fago is indeed the appropriate company at issue. 

1. I have attached the most recent filing from Wells Fargo 's counsel XXXX XXXX XXXX dated XX/XX/XXXX, requesting a " Motion to Substitute Party Plaintiff ''. 

XXXX XXXX XXXX is acting as Counsel for Wells Fargo, PHH Mortgage and XXXX XXXX XXXX XXXX. 

I have also attached my opposition to this motion. There is a scheduled hearing set for XX/XX/XXXX. 

Wells Fargo is claiming they assigned the Mortgage and Note to XXXX XXXX XXXX XXXX on XX/XX/XXXX. 

This case has been in litigation since XX/XX/XXXX. As evidenced in the 5th Circuit Court of Appeals ruling I submitted on XX/XX/XXXX, the Appellate Court Reversed and Remanded the case finding Wells Fargo failed in submitting evidence proving it is the proper party to enforce the promissory note at issue on XX/XX/XXXX. 

The Notice of Ownership Change dated XX/XX/XXXX verifies that the subject mortgage was transferred on XX/XX/XXXX. 

The trial court granted Wells Fargo summary judgement on XX/XX/XXXX. 

I was granted an appeal on XX/XX/XXXX. 

The Appellate Court Reversed and Remanded the trial courts summary judgement in favor of Wells Fargo on XX/XX/XXXX. 

Wells Fargo has failed in proving it holds ownership of the Mortgage and Note at issue, yet they are claiming they assigned the Mortgage and Note to XXXX XXXX. 

Wells Fargo had no legal right to assign a Mortgage and Note to XXXX XXXX XXXX XXXX in which they do not own. 

2. PHH mortgage has responded to the CFPB claiming they have no active litigation in this case. 

As evidenced in the attached email from Wells Fargo 's counsel XXXX XXXX XXXX, PHH Mortgage was well aware the case was in litigation. They are flat out lying to the CFPB. 

They also state in their response that they provided me with copies of pertinent loan documents validating the debt. As evidenced in the submitted Appellate Court Ruling, the falsified and fraudulent affidavits submitted by both PHH Mortgage and XXXX XXXX  were invalidated. 

PHH Mortgage also states in their XX/XX/XXXX response that on XX/XX/XXXX XXXX XXXX  filed a Petition to Enforce Promissory Note with Recognition of Mortgage. It is quite obvious that Wells Fargo, XXXX and PHH are all involved in the predatory mortgage servicing practice. 

XXXX. I have also attached the Original Assignment of Mortgage from XXXX Mortgage in the True and Correct amount of {$110000.00}. 

The attached Corrective Assignment was fraudulently altered to {$210000.00}, and was fraudulently signed by a XXXX XXXX, acting as assistant secretary of XXXX, also an employee of XXXX Mortgage XXXX 

Please review the attached assignments. 

I Greatly appreciate your time and assistance! 

Kindest Regards, XXXX XXXX

Company response to consumer: Closed with explanation