Consumer complaint received 2023-12-22
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Onity Group Inc. (NY)

I, XXXX XXXX with clean hands, as Trustor for the Deed of Trust, entered into on the date circa 2001 for the property location at XXXX XXXX XXXX, and for my understanding HUD/BIA a Fiduciary exist for the purpose as the Trustee for the said Deed of Trust , in the position to protect the Estate. See IRS PUBLICATION 1635 ( REV. 2-2014 ) Catalog 14332X, pg 7 ; 1. Definitions : Trust : A trust is an arrangement through which trustees take title to property for the purpose of protecting or conserving it for the beneficiaries under the ordinary rules applied in chancery or probate courts. A trust is a legal entity created under state law and taxed under federal law. A trust may be created during an individuals lifetime ( inter vivos ) or at the time on his or her death under a will ( testamentary ). Trusts include guardianships, custodianships, conservatorships, receiverships, escrow accounts, Ginnie Mae ( GNMA ) and Fannie Mae ( FNMA ) pools.

Fiduciary/Trustee : A Fiduciary is an individual or organization charged with the duty to act for the benefit or another. A trustee is a fiduciary. The trustee obtains legal title to the trust assets and is required to administer the trust on behalf of the beneficiaries according to the express terms and provisions of the trust agreement.

Beneficiary : A beneficiary is a person designated as a recipient of funds or other property under a trust or an estate.

The employees for the company have violated the terms of the Trust, breach the trust and have allowed on or about 2001, an interloper PHH Mortgage Corporation from all appearances commit identity theft, withhold services, and unlawful conversion, on to the Note credited from an account I am the beneficiary for.

Same interloper PHH MORTGAGE CORPORATION, has taken illegal and unlawful servicer foreclosure actions, and the employee HUD, has failed in its Fiduciary duty to defend the Trust interest.

People for PHH MORTGAGE CORPORATION have made false claims to be the holder in due course of the Note and Mortgage, when in-fact the Note and Mortgage have been separated.

There was no consideration, I never got XXXX red cent. Mortgage not purchase house, mortgage for home repairs, energy upgrades, solar system installation, never happened. 
As the contract/agreement/authorization has a mediator/arbitration clause I am writing to invoke said clause.

Clause 18- Although it may be a misnomer, I choose to invoke this clause for this unilateral authorization, as there is only but one signature on it, to discontinue annul this instrument.

Clause 15 of Note for Federal Jurisdiction for governing law.

I ask for an audit of the account for a true assessment for all the funds it has accrued and upon such audit, any and all funds to be given back.

Invoke Clause 9 Waiver.

Justice Department Civil Rights Violations filing report XXXX. FTC Report number XXXX, for Identity theft PHH MORTGAGE CORPORATION questions : Did you purchase the Debt? Yes___, or No____.

Are you acting as a Servicer? Yes___, or No___.

Are you the Holder in Due Course? Yes____, or No____.

Fraud has no statute of limitations. The clock starts from the moment it was found out.

Am asking you : PHH MORTGAGE CORPORATION, XXXX XXXX dba VP, for the name of the creditor for this alleged debt. 
Am asking you : [ PHH MORTGAGE CORPORATION, Parent OCWEN FINANCIAL EIN c by and Thru its Trust Indenture XXXX XXXX, XXXX XXXX for the transaction receipt as per BANKING SECRECY ACT/ ANTI-MONEY LAUNDERING ACT ; 15 U.S. Code 78c - Definitions and application ( 37 ) The term records means accounts, correspondence, memorandums, tapes, discs, papers, books, and other documents or transcribed information of any type, whether expressed in ordinary or machine language.

Also ask for evidence I knowingly/un-knowingly granted Power of Attorney to you, to make any transactions in my interest?

Upon receipt of this correspondence, you have 10 days to satisfy the asking, or cease and desist all further actions, turn over any and all held warehouse Notes belonging to me and forward to me a Satisfaction of Mortgage receipt.