Consumer complaint received 2016-07-15
Company: Ocwen Financial Corporation
State: NC
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
Wells Fargo Bank , NA acted as a trustee in a loan pool ( XXXX XXXX XXXX XXXX XXXX, asset backed securities, XXXX. We filed numerous complaints against Wells Fargo Bank , NA and their various services that were attempting to collect the alleged debt on behalf of Wells Fargo Bank , NA. Some of the reasons that we were complaining was because Wells Fargo Bank , NA caused to be recorded a falsified deed instrument claiming that they received an assignment of the note and deed of trust from Defunct XXXX. The assignment was dated XXXX XXXX, XXXX, XXXX or so years after XXXX XXXX XXXX XXXX lost interest in the note and deed of trust as a result of exiting the mortgage business and ownership of mortgages. We complained so much about the defective documents that XXXX and or others affiliated with the originating of the loan pool satisfied the alleged debt to Wells Fargo Mortgage in XXXX XXXX. Although the debt was satisfied, XXXX XXXX XXXX, XXXX continued to attempt to collect the debt. XXXX eventually sold the property and sent a report of sale/resale to the XXXX County Clerk of Court listing Wells Fargo as the highest bidder and showing the property address of the highest bidder as that of XXXX. After the sale XXXX 's representative/affiliate XXXX placed information regarding cash for keys and a company XXXX XXXX XXXX sent a 10 day notice to vacate the property. On Friday XXXX XXXX, XXXX after receiving the notices we contacted XXXX informing them about the title defects and how Wells Fargo did a substitution of trustee before the assignment was signed and recorded. We requested XXXX in cash for the keys since Wells Fargo had already received payment in full for the property from the pool originators. XXXX denied the request. We then contacted XXXX XXXX XXXX and asked if they reviewed the foreclosure file before sending the notice to vacate and we were told that we needed to contact the foreclosing attorney. Both XXXX XXXX XXXX were asked what party was requesting that they file for eviction and they both responded that XXXX was attorney in fact for Wells Fargo. We checked the XXXX County Land records and could not find any recorded power of attorney as evidence to support that XXXX was in fact acting on behalf of Wells Fargo. Wells Fargo never responds to requests and emails that are sent to them regarding XXXX 's actions. Wells Fargo is attempting to take possession of the property after being satisfied in full for the loan. Wells Fargo is not in possession of the promissory note and deed of trust as they sent all the loan documents back to the originator of the loan pool after they were satisfied by the loan disbursement that they received in XXXX XXXX. Today XXXX XXXX, XXXX we received an eviction notice stating that a Sheriff will perform a lockout on Monday XXXX XXXX, XXXX at XXXX. A company XXXX informed us today at about XXXX XXXX that they will ask the eviction attorney to seek an extension. We contacted the eviction attorney at about XXXX to see if they received the email from XXXX and no such email had been received. XXXX had the property listed on their website as a cash only sale, wherein they would pay a portion of closing costs and title insurance if their preferred closing attorney and title company are used. This is likely offered because of the defects in the title.

Company response to consumer: Closed with explanation