Consumer complaint received 2022-02-01
Company: PENNYMAC LOAN SERVICES, LLC.
State: MI
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Complaint and QWR to PennyMac and XXXX XXXX XXXX XXXX  Dear CFPB, On XX/XX/2022 I received an overnight XXXX  letter from XXXX XXXX ( likely fictitious name ) which contained electronically signed letter from PennyMacs senior lawyer XXXX XXXXOn ( in lower letters ) who confirmed that PennyMac is a Servicer and who urged me to sign flagrantly fake VA Modification and even more fake VA Partial Claim mailed by the same XXXX XXXX from XXXX CA. 

During my XX/XX/2022 conversation with a man who posed as XXXX XXXX, he said he is located in XXXX CA, which is over XXXX miles north from XXXX. So, its unclear why XXXX XXXX sends me correspondence from VA and even lawyers from XXXX where XXXX is not working However, since letter from lawyer XXXX states that it was prepared by a lawyer, I found PennyMacs Deputy Counselor XXXX XXXX XXXX, whose name was misspelled in his electronic signature and contacted him for explanation and confirmation that this letter was in fact prepared and sent by him. 


Lawyer XXXX have an obligation personally to respond to this letter since it raises issues about his practice of law, and it raises issues of potentially erroneous or fraudulent representations concerning his position at PennyMAc and the status of PennyPac as a purported authorized representative of a creditor. 

Attached is a letter I received that purports to be under XXXX signature but the spelling of his last name is wrong. This leads me to question whether XXXX drafted the letter, authorized it, or signed it since the signature is clearly a digital signature. It also leads me to question whether he were allowing non-lawyers to send out correspondence in his name, as though it came from a lawyer. I'm sure that XXXX and XXXX ( who sent me this letter ) must be aware that a lawyer may not lend his license to a non-lawyer, as this would be aiding the unlicensed practice of law. 

If the letter did come from XXXX, I can understand the frustration with my repeated attempts to clarify my status -- - if the frustration is coming from a person who represents an entity that represents a creditor who maintains an unpaid loan account receivable and who has made such assertion in writing. So far I have only received implied assertions of ownership of my " loan, '' which does no include a definition of what you mean by " loan. '' I have never seen a copy or report asserting that it is a report of thehistory of the loan account receivable on the books of any creditor. I have only received " Payment History '' that is produced by access to data that does not appear to be managed, input, or administered by PennyMac. I have never received any direct communication from any creditor whom PennyMac asserts representation or agency. I dont even know whom PennyMasc represents as a Servicer and whom they are servicing all time in question.

Moreover, PennyMac does not even perform any servicing activities since it is all done by at least 15 different companies none whom whom was disclosed to me. 

On a separate electronically signed letter XXXX XXXX stated that I purportedly missed my payments. This is not true. I did not missed ANY payments at all. This is my CREDITOR who purportedly missed receiving my payments- and this Creditor never appeared and never claimed any payments from me - despite my diligent attempts to locate my Creditor. On XX/XX/2022 I sent XXXX XXXX, XXXX XXXX XXXX XXXX  as Trustee and PennyMac an email and certified mail asking them for a Sworn Statements for Account to claim this alleged debt as a Creditor or lawful representative authorized by my Creditor - pr lose any rights to collect from me. My certified mail was received - but not responded neither by XXXX XXXX, XXXX or PennyMAc. Which means they voluntarily and officially rejected any legal rights to claim any money from me. 

All letters under PennyMac letterheads are coming from OTHER companies, which is a text-book black mail used in extortion racket practice. 

Based upon all prior efforts and correspondence, notices and statutory letters and responses, it appears that in using the word " loan '' they mean possible control ( not ownership ) of a note and mortgage and that the use of the word " loan '' does not include any accounting ledger on the books of any creditor showing ownership of an unpaid loan account receivable. 

Thus far, despite my repeated efforts to obtain this confirmation or validation or response, PennyMac, XXXX  and lawyer XXXX ( if he sent the attached letter ) have refused to supply it either because they don't possess it or because they have no access to such an unpaid account on the accounting ledger of some company, bank or other entity that maintain a current unpaid loan account receivable -- - i.e., one that could show receipts and disbursements ( receipts from me as a homeowner and disbursement to creditors ).

I have employed financial experts who are thoroughly familiar with current claims for securitization of debt and they have looked at this case. Their conclusion is that if it ever existed, the loan account receivable was extinguished and that it is impossible for PennyMac or anyone else to produce a copy or report of an unpaid loan account receivable in the accounting ledger of any person or entity. 

The attached letter does nothing to satisfy my statutory requests for information concerning the existence and current situs of such a loan account receivable. In fact, I am told that it is highly unlikely that XXXX is knowingly misleading me about the status of such an account. The failure of anyone to produce any document or assertion of an identified loan account receivable now raises the inference, if not the legal presumption, that such an account does not exist. 

The fact that XXXX might not know that he is either writing letters or allowing others to write letters under his digital signature wherein the information contained is erroneous or fraudulent does not absolve XXXX from your duty, as a licensed member of the XXXX, of due diligence and inquiry. 

The answer to all of this is simple. Either XXXX did send the letter or he did not. Either there is a creditor who currently maintains an unpaid loan account receivable on their account ledger or there is no such creditor. If such a creditor exists, then validate or confirm that with a direct statement from the creditor that produces the copy or report of the unpaid loan account receivable from origination to the present plus a signed statement from the named creditor that PennyMac is authorized to administer, collect and enforce the account. 

This demand is standard protocol in the banking industry. If it were otherwise then any unscrupulous player could assert the right to administer, collect and enforce any debt to the detriment of both the real creditor and thereal debtor. 

I request PennyMacs lawyer XXXX XXXX XXXX to confirm in writing that he prepared and instructed XXXX XXXX to mail to me attached letter I request lawyer XXXX XXXX XXXX to identify my Creditor who authorized lawyer XXXX to send me this letter on my Creditor 's behalf I request lawyer XXXX XXXX XXXX to confirm that he conducted due diligence, under his Rules of Ethics, before he sent me this letter I request layer XXXX to verify if electronic signature on this letter is in fact his electric signature I demand disclosures from XXXX XXXX that lawyer XXXX authorized him to send this letter to me. 

Awaiting your response I am Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation