Consumer complaint received 2016-05-04
Company: FIRST AMERICAN FINANCIAL CORPORATION
State: AZ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
The XXXX ' claims relate to substantive defects in " Respondent '' documents that should have forbid these parties from recording any legitimate notice to a trustee 's sale for lack of authority. but they used the documents anyway ... It is the key issue - the trustee 's deed upon sale is based on forgery there can be NO right to possession superior to the XXXX '. possession in the XXXX remains superior to any contrary right of possession obtained fraudulently. The sale was not properly noticed by a party entitled to notice it. If the assignment, substitution of trustee, and notice of sale are materially false, these documents are " presumed groundless and invalid '' pursuant to A.R.S. 33-420. " TRUSTEE 'S DEED '' GENERATED BY SUCH VOID DOCUMENT, WOULD BE INVALID THIS TRUSTEE HAS A DUTY AND ITS FIRST DUTY IS : Trustee Sale Guarantee ( TSG ) is a title guarantee issued at the start of foreclosure. It assists the foreclosing beneficiary and trustee by delivering information needed to ensure compliance with state foreclosure statutes. FFIRST AMERICAN TITLE COMPANY AS TRUSTEE VIOLATED LARGENTS NOTICE OF RESCISSION AND NOTICE OF DEFAULT WHEN THEY PROCEEDED TO FORECLOSE AND SOLD THE PROPERTY AT ISSUE ( TS No. : XXXX TSG No : XXXX ) : XXXX XXXX XXXX. dba XXXX XXXX In fact, even if " Respondent '' were entitled to foreclose, you can not misrepresent material facts and commit fraud to do so. A.R.S. 33-420 is violated, and the XXXX ' claims for those violations are not waived by A.R.S. 33-811 ( c ), which merely provides limits for contesting the notice requirements for an otherwise valid trustee 's sale. The use of false assignments and resultant false deeds rendered " Respondent '' claim to possession inferior to the XXXX '. See, In re XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ) ( after granting trustee bare legal title, grantor of trust deed retains all other incidents of title ). I/We received the Notice of Substitution of Trustee dated XXXX/XXXX/XXXX ; Notice of Trustee Sale dated XXXX/XXXX/XXXX ; Statement of Breach or Non Performance dated XXXX/XXXX/XXXX. XXXX 's have made formally dispute Dated and Signed : XXXX XXXX XXXX : 1. There is no delinquency or default. The Lender has been paid in full plus a fee for standing in for an undisclosed third party lender that was not properly registered or regulated as a nancial institution or lender at the time the transaction took place. 2. The " Respondent '' has failed to state the name or address of the holder in due course, XXXX XXXX XXXX-XXXX, being the holders of certicates of asset backed securities, which are backed by the security instrument ( mortgage ) on the subject residential property. 3. The " Respondent '' does not own, possess or control the note or the mortgage, which has been satised in full. 4. Your authority as Trustee has also been transferred to the Trustee of the pooled mortgages and/or notes on various properties, real and personal, that were included in an asset pooled that was eventually securitized and sold to investors, who along with others in the chain of securitization acquired rights and obligations to the note, mortgage, and stream of revenue eventually due to the investor. 5. Because of the known presence of necessary and indispensable parties to any dispute that the true holders in due course might have against me, only a judicial proceeding in which all parties are included will provide a fair determination of the rights, obligation and title to the property, mortgage and note. 6. The " loan closing '' was in fact a scheme to trick me into issuing a negotiable instrument that was pre-sold to investors as an unregulated security. The parties and their fees were not revealed nor was the true APR disclosed, as it was inated considerably by the intentional overstatement of the appraisal on the property.

Company response to consumer: Closed with explanation