Consumer complaint received 2024-10-15
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: INTERCONTINENTAL EXCHANGE, INC. (OH)

XXXX XXXX XXXX is submitting this complaint to the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the State Attorney General, the SEC, and other federal regulators. He seeks a remedy before filing a federal complaint and taking this issue to the media for public attention. 

Discovery of Fraudulent Assignment Concerns : After several years of involvement with our alleged mortgage, we discovered issues regarding its origination. While investigating an unexplained increase in the mortgage payment, we identified problems related to Mortgage Electronic Registration Systems, Inc. ( MERS ), acting as Nominee for XXXX XXXX XXXXXXXX ( XXXX ) XXXXXXXX XXXX  XXXX XXXX XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX. This investigation revealed a fraudulent robot-signed Assignment of Mortgage for a property participating in XXXX for XXXX XXXX XXXX HUD ). The fraudulent Assignment of Mortgage was recorded in the XXXX, Ohio XXXX XXXX XXXX office under Instrument Number : XXXX, volume number : XXXX, page number : XXXX. 

XXXX XXXX, a notary from the state of New York XXXX XXXX XXXX XXXX, affixed his official seal and stated that he witnessed XXXX XXXX personally appear and sign this Assignment of Mortgage concerning Loan number : XXXX and MERS ID number : XXXX. Robo-signing, the practice of signing mortgage documents without proper review or authority, is illegal because it violates legal requirements for due diligence, accuracy, and verification in legal documentation. Key laws and regulations that protect against robo-signing include the XXXX XXXX XXXX XXXX and XXXX XXXX Act, which established the Consumer Financial Protection Bureau ( CFPB ) to oversee and enforce fair lending practices. Additionally, the {$25.00} billion National Mortgage Settlement in XXXX addressed widespread robo-signing abuses by major banks. Notable court cases, such as the XXXX class actions in Florida and Maine against XXXX XXXX, have highlighted the legal ramifications of robo-signing. Regulatory entities like the CFPB, the Office of the Comptroller of the Currency ( OCC ), and state attorneys general play crucial roles in enforcing these protections. 

Our Attorney-in-Fact, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX in Ohio XXXX who is Board Certified through testing by the Board of Forensic Document Examiners . Her assignment was to compare the two signatures shown as XXXX XXXX on the Assignment of Mortgage to determine if they were identical or just very similar. She conducted her examination and rendered her professional opinion in a report dated XX/XX/XXXX. Her report concluded that No one writes his or her name or signature exactly the same way twice. Human beings are not capable of machine-like precision and repetition. the two signatures shown as XXXX XXXX on the Assignment of Mortgage are identical. as an individual can not write two identical signatures on a document, it raises a question as to the method used to place these signatures on this document. She provided her examination in affidavit form with her Handwriting Examination Report recorded with the XXXX, Ohio XXXX XXXX XXXX office on XX/XX/XXXX, instrument number : XXXX, which is linked to the fraudulent Assignment of Mortgage. 

The current servicer, XXXX, has neglected to investigate whether they are servicing what we believe to be an invalid mortgage originating from XXXX and claimed no knowledge of its origination. On XX/XX/XXXX, the Mortgage XXXX XXXX XXXX XXXX XXXX, was acting as nominee for XXXX Mortgage XXXX ( XXXX ), meaning that XXXX was handling it on behalf of XXXX Mortgage XXXX ( XXXX ). In simple terms, XXXX XXXX, XXXX XXXX representing MERS, signed a document on XX/XX/XXXX, to transfer XXXX XXXX XXXX mortgage, and MERS was handling it on behalf of XXXX Mortgage XXXX ( XXXX ). Robo-signers are illegal on sworn notarized documents, and this was performed illegally in our case under MERS as nominee for XXXX. 

XXXX has received evidence of this invalid Assignment of Mortgage, and we are now sending a copy to MERS. XXXX has failed to act, investigate, or remedy the issue, despite purportedly acting in the best interest of XXXX XXXX XXXX, as the same would apply to MERS. From XXXX to the present, there are no true holders or servicers of this mortgage because of this Invalid Assignment of Mortgage performed under MERS XXXX with a representative named XXXX XXXX representing and signing for MERS. This issue is similar to those addressed in the {$25.00} XXXX XXXX Mortgage XXXX in XXXX, which dealt with widespread robo-signing abuses by major banks, including XXXX and MERS. This complaint is being sent to rectify our issue privately before we continue with a remedy.