Consumer complaint received 2016-09-13
Company: Ocwen Financial Corporation
State: OK
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Wells Fargo Bank , N.A . ( " WFB '' ) has refused to answer simple questions I have asked them about whether or not they actually hold the original note for my house loan. 

Starting in XXXX XXXX, and continuing until now, I have issued numerous requests to Wells Fargo Bank , N.A . ( " WFB '' ) and Wells Fargo Bank, N.A., as Trustee of the securitization that holds the loan ( " XXXX, Trustee '' ), their loan servicer XXXX XXXX XXXX and their attorney 's at the law firm of XXXX, XXXX, XXXX XXXX XXXX, XXXX. asking them to show me the original note. They have ignored my requests and NOT produced the original note for me to see. 

WFB/WFB, Trustee, as plaintiff, has sued me in a foreclosure lawsuit without complying with Oklahoma law that requires a plaintiff in a foreclosure lawsuit to hold the original note prior to filing the lawsuit and to present to the court either the original note, a certified true and correct copy of the original note or an affidavit that they, the plaintiff, hold the original note and held the original note prior to filing the foreclosure lawsuit. WFB/WFB Trustee has NOT shown the original note to the Judge of the court nor complied with either of the other XXXX options to prove they held the note prior to filing the foreclosure lawsuit. 

I have evidence to prove that WFB/WFB, Trustee DOES NOT HOLD the original note and DID NOT HOLD the original note prior to filing the foreclosure lawsuit against me. 

I have presented to WFB/WFB, Trustee and to the court sufficient evidence that proves the original note was securitized in the Structured Asset Investment Loan Trust XXXX. This means that the original note : A. Has been converted into a stock as a permanent fixture. It is now a stock and governed as a stock under the rules and regulations of the SEC, XXXX. Once the note was converted into a stock, or stock equivalent, it is no longer a note, and XXXX XXXX loses its security component ( i.e. the deed of trust ). 

I have further filed with the court sufficient evidence to prove that WFB alleged to the Securities and Exchange Commission that XXXX XXXX XXXX XXXX XXXX already sold the Note into the Securitization Trust by the Closing Date of said Trust - On or about XXXX XXXX, XXXX. 

A Securitization Audit was filed with the court and there is no record in its findings that support WFB or WFB, Trustee ever, to date, having funded any part of this original loan. 

The court issued an order granting the Plaintiff 's Motion for Summary Judgment on XXXX XXXX, XXXX, stating, " There is no genuine issue as to any material fact ''. 

I had in fact presented to the court several genuine issues of material facts, supported by sworn affidavits, which the judge ignored. 

On XXXX XXXX, XXXX, the Judge entered an order confirming the sheriffs sale and requiring me to pay to the law firm of XXXX {$4400.00} per month rent in order for me to remain in the home during my appeal. This is a real hardship and very difficult for me to pay since I am on XXXX and I am XXXX XXXX XXXX. 

On XXXX XXXX, XXXX, I filed an appeal of the Summary Judgment Order foreclosing on my house. 

In the last few weeks starting on XXXX XXXX, XXXX, I have written to XXXX, XXXX XXXX XXXX XXXX XXXX letters asking them if they hold the original note. They have not answered those questions. I have asked them to deny that they hold the original note or admit that they do n't hold the original note. They have refused to do either and have not even replied to my last XXXX letters. 

In a recent Internet article by XXXX XXXX entitled " Banks Fined {$81.00} XXXX for Biggest Fraud in History '', he wrote that Wells Fargo was charged " Restitution and Penalties : {$5.00} XXXX. Engaged in mortgage servicing abuses, ... ... ''. 

I have certainly been the VICTIM of " mortgage servicing abuses '' and respectfully ask for help getting clear answers from Wells Fargo Bank.

Company response to consumer: Closed