Consumer complaint received 2016-05-29
Company: PENNYMAC LOAN SERVICES, LLC.
State: NJ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I have been struggling to pay my mortgage for some time. In XXXX XXXX the servicer of my loan, XXXX, informed me my loan was now owned and serviced by PennyMac. I have long disputed the ownership of my loan which originated with XXXX XXXX and do not believe that XXXX either owned my loan or had the right to sell it. 
Nonetheless it is my desire to modify my loan and retain my home. PennyMac informed me in writing of their intent to foreclose via a letter dated XXXX/XXXX/XXXX. The letter indicated " The debt referred to in the proceeding Notice of Intention to Foreclose evidenced by the copy of the Mortgage and Note, will be assumed valid by the creditor, unless debtors, within thirty ( 30 ) days after the receipt of this Notice, disputes, in writing, the validity of the debt or some portion thereof. '' On XXXX/XXXX/XXXX I sent a letter via Certified and regular XXXX stating that " I dispute this debt in its entirety and therefore submit this written request for both a copy of the above-referenced Mortgage and Note along with any and all additional information alleged or implied to support the validity of the debt, your ability to collect this debt, your ability to enforce this Note and Mortgage, and request that a copy of all materials be mailed to me ( my home address ) '' To date I have not received any response. 

On XXXX/XXXX/XXXX my attorney sent a similar letter stating " we received a copy of your Fair Debt Collection Practices Act Notice. Please accept this correspondence as our " dispute '' of several items set forth in that Notice. 

Specifically, paragraph XXXX of your Notice indicates " the debt described in the complaint is hereby attached hereto and evidenced by the copy of the mortgage note ... ''. However, no such copy of the note is attached to your notice, and we are therefore disputing the validity of the debt on that basis. We are also disputing your right to enforce on your client 's behalf, that note as well as the mortgage described in your complaint. 

Pursuant to paragraph XXXX of your Notice, please accept this correspondence as our demand that you " obtain verification of the debt '' and " provide a copy of the verification '' within the time frame set forth by the Fair Debt Collection Practices Act. Such verification may be mailed to me on Defendant 's behalf. 

Please provide the " name of address of the original creditor '' since your client, Pennymac XXXX is not that " original creditor, '' as set forth in paragraph XXXX of your Notice. 

Please also provide a statement of the amount of the debt which you seek to recover, describing with particularity which portion of this alleged debt represents principal, interest, attorney 's fees, inspection fees, costs advanced such as cost for title work, or such other expenses to which you may attribute this alleged debt. 

Finally, please note my client directed several correspondences to your firm dated XXXX XXXX, XXXX by which she exercised her rights under the FDCPA and requested the same " verifications '' described above. Copies of these letters are attached, and to date, my client has received no response. Therefore, your firm has already violated the FDCPA, and we may take whatever action is necessary to protect our client 's rights based upon these failures. 

This demand is made pursuant to both the Federal Fair Debt Collection Practices Act 15, U.S.C. 1692, and the New Jersey Fair Debt Practices Act XXXX. XXXX. 

To date I have not received any response, nor has my attorney. 

I am now faced with a trial loan modification offer which does not state the $ amount of the debt, the term of the loan, the late fees, any extra charges or any information XXXX might expect in a mortgage document or loan modification. 

Efforts to obtain this information in writing have been futile.

Company response to consumer: Closed with explanation