Consumer complaint received 2015-06-06
Company: PENNYMAC LOAN SERVICES, LLC.
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Application, originator, mortgage broker

Complaint:
This has been an ongoing problem of lenders/servicers in our purported loan. Starting with XXXX and now moving onto PennyMac. There has been fraud in the inducement and continues in fraud as it progresses. Your XXXX never informed us that our 'loan ' was actually meant to be a security. XXXX XXXX was never registered to file securities ( see attached letters from SEC ). 
We have no agreement with PennyMac and they have fraudulently procured our property through fraud. PennyMac has violate the National Mortgage Settlement Agreement and their own agreement with the FDIC. 
There is no way for a homeowner to negotiate when servicers/lenders are allowed to use fraud to steal our property and cut off the true holder in due course. 
Attached is a fraudulent assignment of deed of trust. I have marked it to show the fraudulent areas of the Assignment. 1 ) XXXX XXXX has not now or ever worked for XXXX or XXXX XXXX. a ) XXXX XXXX has been inoperable since XXXX b ) PennyMac did not open for business until XXXX, c ) XXXX did not have an agent for service or business license in CA until XXXX/XXXX/XXXX. Consequently, there could have been no LEGAL assignment in XXXX. 2 ) XXXX XXXX was under investigation for misuse of her notary since XXXX, a ) XXXX XXXX has since been convicted as per the attached court docket. b ) XXXX XXXX and XXXX XXXX have signed numerous documents under various titles, once again showing a pattern of moral turpitude by the servicers. 3 ) XXXX had the final dissolution of their LLC on XXXX/XXXX/XXXX, as per the official letter from the Georgia Secretary of State, attached herewith. XXXX was not an operating corporation in the state of CAlifornia until XXXX/XXXX/XXXX, and therefore can not be a party to our transaction. 4 ) We were never served a notice of acceleration by the lender, or the trustee. PennyMac used these fraudulent documents as a form of extortion rather than genuinely trying to work with us. We believe they did this because they did not have the entitlement to enforce the agreement and desired to bury this evidence in order to procure our home at no cost to their agency, and to cover their fraudulent activity from investors and the government. 5 ) The Trustee was never legally replaced by either the Trustee or the Lender. 6 ) PennyMac used this fraudulent Assignment of Deed of Trust to foreclose on a property they had no legal right to. a ) They illegally created a Trustee 's Deed Upon Sale, one day after the release from stay in the bankruptcy court, thereby violating the Homeowners Bill of Rights ( among numerous other rights ). 7 ) PennyMac has been evasive and untruthful with regulating authorities regarding our complaints and have tried to depict us as deadbeats thereby evading questions regarding their authority. 8 ) In spite of XXXX requests PennyMac has never provided us with a legal QWR, PennyMac has no record of our past payments on this loan, nor do they have a record of our payments toward the principle, because they do not legally possess this right.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation