Consumer complaint received 2019-06-05
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — 
Company: Caliber Home Loans, Inc. (MI)

Please find my Amended Complaint against Caliber Home Loan , Inc. for their relentless fraud, theft, including theft of funds and identity theft ; and other misconduct ; amended Qulified Written Request. Loan No. XXXX, address XXXX XXXX XXXX, XXXX, MI XXXX Also, please find my Copyright Notice and demand to Cease and Desist unauthorized distribution and sales of my copyrighted/trademarked materials such as mortgage loan XX/XX/XXXXXXXX XXXX, based on my name, reputation, credit score, credit history, banks statement and other unique information ; and the Note which both are signed by my unique trademarked signature. Under common law I do not have to register it but will consider registration if Caliber and XXXX will continue its criminal activities. Please be advised that any further distribution and sales of my Note and mortgage loan ( if legit )  require a written permission from me and royalties from sales, no less than 15 %. 

I further demand to stop Caliber and XXXX distribution and sales of my personal information to predatory lenders ; and use it as a guarantee for their securities based on Servicing Rights and private IPOs. Based on my estimate, my debt {$130000.00} plus interest ( total $ XXXX ) was not only paid in full due to myriads of sales, but generated a substantial income in the amount about 20 times or more than the value of the Note. I demand to disclose me all profits ; and compensate me a fair share from these trades, which under 15 % should be no less than {$400000.00} just from MBS trades. This is not included profits from resales of my private information to predatory lenders, sales of private IPOs and servicing rights since none of them are a part of my Note or my contract. 

I also demand Caliber to verify following information. On XX/XX/XXXX Caliber sent me a respond to my first QWR, where Caliber solely concentrated on escrow charges and ignored all other questions, including how my Flood Zone was determined if my property is not even on FEMAs map ; and why I had escrow account with Caliber if it is not required by VA. Calibers replies came from XXXX XXXX , who between XX/XX/XXXX-XX/XX/XXXX was VP of Default Management at Caliber Home Loans, and XXXX XXXX and were full of lies, thus need further validation. 

Caliber employee XXXX said that my escrow had a surplus of {$1000.00} which was purportedly refunded to me on XX/XX/XXXX. In support she sent me a check which had no check number, no routing number, no account number, no authorized signature and no proof of deposit. I do not recall if I ever received this check, and my banks accountant confirmed that it was never deposited by me. Please provide me a copy of deposited by me surplus check in the amount of {$1000.00}. 

XXXX and XXXX further stated that my recent deficiency was ( - ) {$470.00}, divided by 12 months ; and this is why my payment was reduced by {$95.00}. I suggest Caliber to hire employees with at least elementary school degree in math ; or teach them how to use calculators ; and provide me explanation how my deficiency was determined if I had NO taxes in XXXX. It was waived for me by the Assessor as a veteran ( who also mailed this information to Caliber ). 

Caliber refused to provide me a copy of my Note with the full chain of Assignment endorsed by the originator and all the intermediary parties specified in the contract governing the deal, who must be disclosed at the time of origination ; the pooling and servicing agreement, and finally over to the trust and all other parties ; name of the XXXX Trust where my loan is held as a security ; names of the Sponsor and Trustee ; the name of XXXX Custodian. Caliber falsely claimed that this is proprietary information. This is absurd and a blatant lie. This information is publically available according to SEC Act and IRS Pub. 938 who require banks to publish it on the monthly/quarterly/ annual basis. Yet, Caliber refused to provide it to me even though I have all rights to receive it since it belongs to me as well. 

This mortgage loan was created by using my private information and based on my personal credentials, like my credit score, credit history, bank statements, ect. Thus, its a copyrighted material. I hired XXXX XXXX, XXXX., ( XXXX ) to originate this loan and paid them {$990.00}, which is work made-for-hire, a category of copyrighted works in which the person paying for the work obtains all rights under the copyright. This mortgage and note are signed by me, thus, my unique signature is a trademark under common law in logo category. 

I am not only entitled to have full disclosures ; but I also have rights to prohibit any unauthorized use of my copyrighted/trademarked materials, and collect royalties in exchange for a license to use my information to create securities, similar to oil and gas royalties. The only difference is that investment banks make much more money by selling my private information without any risks, disclosures, consents or shares of profits, which is utterly wrong. 

According to Caliber, the loan was contractually due for monthly installment, thus Caliber confirmed that it is a contract to purchase a mortgage loan ; and expects me to perform while Caliber has no intention to adhere to the terms of this contract from the beginning and continue to breach it as of today. 

This contract was originally based on misrepresentation and deceit ; violated numerous Federal and State laws ; used for purposes other than intended and described. While I agreed to repay the debt ( and still agree if this debt exists ), I did not give my consent to create a windfall for XXXX XXXX who steal my money and identity in astronomic proportions and collect a debt which does not exist while making multi-million profits. Caliber and their co-conspirators like XXXX  sold my private information to predatory lenders ; used my name and signature to guarantee private IPOs ; sell their servicing rights through shady DE Statutory Trusts ; very likely fraudulently removed from XXXX pool and resold as default bonds, which XXXX later sold as their private shares and so on. 

The legal elements of a contract include mutuality of obligation, which is comprised of offer and acceptance, definite terms, and consideration. These elements must all be present in order for a contract to be enforceable. Under my Contract, The Note or a partial interest in the Note [. ] can be sold one or more times [. ] is not a definite term. My duty under the contract with XXXX was to repay a debt in the amount of {$130000.00} plus interest, total {$220000.00} over 30 years. Creditors are interested to receive their money sooner ; and this is the reason why my Note or partial interest in the Note can be resold to legit successor/creditors. As soon as these creditors receive {$220000.00} as agreed, my obligation under this contract is over. I am entitled to know how many times my Note and partial interest in my Note were sold ; for how much it was sold ; who are current holders/creditors ; and if sales produced profits on top of my obligation, it must be deducted from my debt along with information how much money I still owe. 

None of it was done. Moreover, millions of copies of my Note sold as securities/bonds created by my signature are not the Note or even a partial interest in my Note, but rather forgery ; Ponzi scam and identity theft for unjust enrichment. Especially securities backed by Calibers Servicing Rights and private IPOs ( Caliber and XXXX are agents for an investment bank and they never put any single cent into my loan while unjustly enriched themselves, specially Caliber who stole thousands $ $ $ from me while resold my information many times for unjust profits ).

Caliber said that my loan is in a pooled security, REMIC Trust which must have Sponsor, Issuer, Trustee, Servicer, Investors none of whom are legal title Holders, pursuant to TILA Sec. 131 ( f ) ( 2 ) and 1026.39. When investors, who are not creditors, purchased myriads of securities created by my copyrighted/trademarked data my part of the contract was fulfilled since my debt was repaid as agreed and eliminated ; plus instantly created profits about 20 times more than amount funded. I am definitely entitled to a fair share, no less than 15 %, which I demand Caliber and their co-conspirators to pay me as a royalty for using my name, signature, home and reputation. Based on amount financed- {$130000.00} - the average trade profits are about {>= $1,000,000} or more. A very modest royalty rate is 15 % ( in oil/gas its 18-25 % [ 2 ] ) thus Caliber, XXXX and their secretive partners owe me at least {$400000.00} just from their MBS trades. This is not included profits from resales of my private information to predatory lenders, sales of private IPOs and servicing rights since none of them are a part of my Note or my contract. 

Statement of Facts. On XX/XX/XXXX I signed a document which appeared to be a Contract governed by UCC to purchase a negotiable secured instrument commonly known as a mortgage loan from XXXX XXXX , XXXX. ( XXXX  ). It was guaranteed by VA. According to the Closing Disclosure, XXXX was a LENDER in this transaction, who purportedly lent me {$130000.00}, with {$5100.00} closing costs. The total price I expected to pay for this loan was {$84000.00}. The origination fee was {$990.00}. The only other party listed in this Disclosure was XXXX XXXX  as a Settlement Agent. As an average customer who paid a significant amount for financial services, I relied on XXXX promises and didnt conduct additional research or recalculation of charges. 

XXXX underwriter XXXX advised that I must maintain escrow account per VA guidelines ; and obtain FEMA flood insurance because my property was purportedly located in the Flood zone. FEMA flood  insurance was originally calculated at {$100.00} p/m, and later changed to {$1100.00} p/y ( recently {$1100.00} Both statements were false and misleading. According to VA Pamphlet, 26-7, part 11a, VA does not require the lender to establish escrow accounts for the collection and payment of property taxes, hazard insurance premiums, and similar items [ 3 ]. According to two ( 2 ) local survey companies and comments from my neighbors, one of whom is a mortgage broker, my property was never located in FEMA flood zone ; and FEMA does not even have records for it. Thus, FEMAs flood insurance and escrow account were force-placed solely for the benefit of Caliber who receives more fees for their servicing on a bigger mortgage pool ; plus has a great opportunity to steal money from borrowers, which Caliber does on regular basis, in breathtaking amounts.

The initial escrow calculated by XXXX  was {$260.00} and consisted of ( 1 ) property taxes based on XXXX assessments of {$360.00} ( summer ) and {$980.00} ( winter ), total {$1300.00} or {$110.00} p/m ; {$590.00} property insurance or {$50.00} p/m ; and {$1100.00} FEMA Flood Insurance, or {$93.00} p/m. Taxes for XXXX summer ( {$370.00} ) were paid by the Seller. Based on a simple math, my escrow should be {$250.00}. However, based on Calibers respond of XX/XX/XXXX, my escrow was calculated at {$290.00} which resulted in overpayment of at least {$34.00} per month, or {$410.00} per year, a significant amount of unlawful debt. Bear to repeat, as an average customer I relied on expressed promises of my contract and reasonably expected honest services from my fiduciaries, so I did not conduct additional research. 
But Calibers fraud and criminal activities did not stop there. In XX/XX/XXXX letter Caliber stated that my escrow account had a surplus of {$1000.00} which they purportedly refunded to me on XX/XX/XXXX ; and this is why my escrow account was reduced to {$790.00} effective XX/XX/XXXX. Caliber even attached a copy of the purported check which had no number, no authorizing signature, no routing number ; no bank account from which this check was issued ; nor any proof that this check was actually delivered and deposited by me. 

It was a nice surprise since I do not recall if I received ANY Notices or surplus money from XXXX. I went to my bank to confirm if I deposited this check but forgot about it. My banks accountant researched all deposits, particularly from XX/XX/XXXX and advised that here were no deposits of Calibers {$1.00}, XXXX check, which bear to repeat I never received. I have a copy of my banks print-out. Thus, Caliber lied that they refunded me surplus money. 

Furthermore, on XX/XX/XXXX I received an Official Map Amendment letter from FEMA proving that my property is not in the flood zone ; and a Notice from XXXX County XXXX Township  Assessor that they waived my property taxes as a veteran. The letter from Assessor was sent to Caliber as well, since they always notify the Servicer.

I immediately sent both documents to Caliber and asked to recalculate my escrow. Caliber failed to respond, even though the documents were sent three ( 3 ) times ; plus it was mailed by XXXX Township Assessor ; and later lied that Caliber did not received this communication which was sent with my payment checks deposited by Caliber. 

While Caliber refused to acknowledge receipt of these documents, they reduced my monthly payments from {$950.00} ( originally {$1000.00} due to XX/XX/XXXX shortage ) to {$850.00}, or by {$95.00} p/m, effective XX/XX/XXXX. According to Caliber, this reduction resulted from their annual review of my escrow on XX/XX/XXXX and determined shortage of ( - ) {$470.00} ( divided by 12 months would be {$39.00} p/m, not {$95.00} ). 

When I went to XXXX Township Assessors website to determine the status of my taxes, I learned that Calibers statements about shortages are also a blatant lie. According Assessors records, they did not charge me ANY taxes for Winter/Summer XXXX - at all. See attached document. Caliber most likely fabricated a review and a surplus check after they received my Complaint to CFPB, trying to defraud me ; CFPB, Michigan Attorney Generals office. 

Furthermore, when I asked Caliber to validate their right to collect from me and their relationship to my loan, I received four ( 4 ) conflicting and misleading statements from Caliber and their co-conspirators XXXX  whom Caliber sold or otherwise transferred my loan on XX/XX/XXXX, effective XX/XX/XXXX, without disclosing Affiliated Businesses such as Custodians ; Trusts ; Trustees and an Investment Bank who is the main party hiding behind this fraudulent transaction. RESPA 12 CFR  1024.15 requires disclosures of all Affiliated Business Arrangements and Mortgage Servicing Disclosure Statement, to inform the borrower whether or not the lender intends to service the account or pass it on to another servicing company. Moreover, RESPA and TILA both require disclosures about total compensation received by the lender. None of it was done. 

On XX/XX/XXXX, Caliber claimed to be a current note holder. On XX/XX/XXXX XXXX informed me that the owner/investor is XXXX XXXX XXXX, XXXX, a part of XXXX XXXX et.al ( which was also not disclosed ). On XX/XX/XXXX Caliber said that owner/investor is XXXX XXXX. According to XXXX letter of XX/XX/XXXX they confirmed that the owner/investor is XXXX. See letters enclosed. I suspect that my loan was either never transferred to XXXX  or was fraudulently repurchased under glimpse of delinquency. This scam is widely used by certain agents for Investment banks. For example from XX/XX/XXXX to XX/XX/XXXX, XXXX XXXX and the six senior executives pulled current, performing loans out of XXXX XXXX RMBS by falsely claiming they were delinquent in order to sell them at a profit into newly-issued RMBS, the SEC alleges. In addition, XXXX XXXX   caused its XXXX XXXX RMBS prospectuses to be " false and misleading '' by improperly and deceptively using a XXXX XXXX rule that gave issuers the option to repurchase loans that were delinquent by three or more months. Worth to mention, on XX/XX/XXXX Caliber transferred my loan to XXXX XXXX ( another branch of XXXX ) who sold 8 million shares on XX/XX/XXXX using my loan as a collateral for their Company Initial Private Offering for about $ 170- {$190.00} million. Nobody informed me that I was used as a Guarator for XXXX IPO to create millions profits. 

Furthermore, I learned that XXXX was not a Lender but a correspondence unit for Caliber who work for an investment bank, likely XXXX XXXX, XXXX XXXX or XXXX XXXX XXXX ( common Sponsors for XXXX XXXX MBS Trusts [ 4 ] ) who provided a line of credit to XXXX via Caliber to issue me a loan using sham conduits XXXX and Caliber, whom XXXX immediately transferred servicing rights on XX/XX/XXXX, or less than 30 days. Thus, it was fraud and a breach of contract from the beginning since XXXX was not a lender but an agent for an investment Bank ; and here were no money involved in this transaction neither from XXXX ( who works for a fee ), or Caliber who funded this loan with other people money ; or the investment bank whose line of credit to Caliber was based either on ( 1 ) my {$31.00} XXXX bailout ; or ( 2 ) loan from Federal Reserve which in XXXX was between 0.50 % and 0.75 % interest rate and lent to me under 3.5 % ; or ( 3 ) money collected in advance from investors whom this investment bank sold my signature, name and reputation myriad of times, without my knowledge or consent, which created a windfall of profits. Plus they get {$380.00} each month my interest payment. TILA requires disclosure of all compensation arising out of the origination of the loan. And compensation is very broadly defined. None of it was disclosed to me neither at the time of origination, not later, even though I specifically requested. 

I was never informed that my loan was actually not a loan but an Initial Intent to Issue Mortgage Backed Securities which is governed by Securities Exchange Act of 1933, 34 ; and other securities laws pertained to unsecured instruments aka stocks and bonds. As an individual, I have no rights to issue securities using my name, signature and reputation, so I was misled about my real role in this transaction as an issuer and guarantor for securities to profit investment bank who use my name, my signature and my reputation to be sold on the open market several times a day. 
Which gives rise to an implied contract in where I was essentially entitled to compensation or royalties arising from the transaction taken as a whole, includes all of the moving parts upon which the investment bank was relying. In both, the single transaction and step transaction doctrines, the essential issue is who are the real parties in interest, the investment bank and the borrower ( me ). Everything in between represents part of the transaction even if it was not disclosed. Both parties are entitled to the benefit of the bargain for the express written contract ( loan ) and the implied unwritten contract ( intent to issue securities and trade my name, signature and reputation ). 

Thus, at least 15 % of these profits are a reasonable and fair compensation to me for profits received by the investment bank who actually lent me MY money in a form of their line of credit via sham conduits like XXXX and Caliber - all of whom received substantial unjust enrichment just by involvement in this transaction, without investing a single XXXX. No need to mention, by stealing from me thousands of dollars by Caliber via escrow account. 

All stated above information and Calibers fraudulent manipulations with my escrow, created a reasonable concern that I am a victim of a massive fraud ; unlawful collection and other racketeering activities, including securities fraud. I demand Caliber and XXXX to cease and desist unauthorized use of my data ; and provide me verification and documents as stated above, along with disclosure of all profits received and 15 % royalties from sales. 


Regards. 

XXXX XXXX [ 1 ] Section 9-109 of the UCC states that it generally applies to any transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract. This includes agricultural liens, sales of accounts, [. ], promissory notes.

[ 2 ] XXXX XXXX  XXXX [ 3 ] XXXX XXXX   XXXX [ 4 ] XXXX XXXX XXXX