Consumer complaint received 2024-05-14
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: INTERCONTINENTAL EXCHANGE, INC. (KY)

XXXX Claims that XXXX XXXX XXXXXXXX ( XXXX  ) was the servicer on my loan in XXXX. ( XXXX  ) was not the servicer at that time. I had already contacted XXXX  several times before XXXX  Claimed that XXXX was the servicer. 

XXXX has been adament that they were no longer the servicer in all of their responses, XXXX Wrote : XXXX Response : This letter will be XXXX XXXX  XXXX 's final response to you regarding your concerns. Any subsequent complaints/inquiries that may be submitted to any regulators may be closed without further research. As such, we will no longer be responding to your concerns. Documents enclosed Service release letter dated XX/XX/XXXX Responses dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, and related enclosures XXXX  Response Stating they havent been the servicer : On XX/XX/XXXX, the servicing of the loan ending in XXXX was transferred to XXXX XXXX XXXX XXXX XXXX, now known as XXXX XXXX, XXXX. The notice informing you of this change was dated XX/XX/XXXX. Please know the transfer of loan servicing is a common practice across the industry, and occurs for a variety of reasons. At the time of the service release, the loan was paid through the XX/XX/XXXX, installment. While we acknowledge a Notice of Intent to Accelerate may have been sent, we confirmed that the account was not referred to foreclosure and/or charged off by XXXX XXXX XXXXXXXX prior to the service release. As outlined in our previous response dated XX/XX/XXXX, the loan was transferred from XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX effective XX/XX/XXXX. The loan was then transferred from XXXX XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX effective XX/XX/XXXX. 

WHY IS XXXX  CLAIMING THAT XXXX  XXXX XXXX WAS THE SERVICER? 

XXXX XXXX  XXXX has provided a service release letter from XXXX. XXXX has denied being the servicer in their responses to my CFPB Complaints dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

XXXX  Response Stating they havent been the servicer : On XX/XX/XXXX, the servicing of the loan ending in XXXX was transferred to XXXX XXXX XXXX XXXX XXXX, now known as XXXX XXXX, XXXX. The notice informing you of this change was dated XX/XX/XXXX. Please know the transfer of loan servicing is a common practice across the industry, and occurs for a variety of reasons. At the time of the service release, the loan was paid through the XX/XX/XXXX, installment. While we acknowledge a Notice of Intent to Accelerate may have been sent, we confirmed that the account was not referred to foreclosure and/or charged off by XXXX  XXXX XXXX prior to the service release. As outlined in our previous response dated XX/XX/XXXX, the loan was transferred from XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX effective XX/XX/XXXX. The loan was then transferred from XXXX XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX effective XX/XX/XXXX. 


XXXX  Wrote : As reflected on the Milestones, from XX/XX/XXXX until the deactivation of MIN XXXX from the XXXX  XXXX  in XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX itself to be the mortgage loan servicer on the XXXX  XXXX. 

When XXXX  executed the Assignment, which was prepared by XXXX XXXX  XXXX who was the mortgage servicer at that point in time, XXXX  was acting on behalf of the owner of the promissory note secured by the mortgage at the time who was XXXX XXXX XXXX XXXX XXXX  XXXX, who by operation of negotiable instrument law, was a successor and assign to the promissory note from XXXX  XXXX who had sold its interest in the loan in XXXX to XXXX XXXX  XXXX who in turn sold its interest in the note to XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX in XXXX. 

MERS claims to have been acting on behalf of XXXX XXXX XXXX XXXX XXXX  XXXX when they had a XXXX  XXXX XXXX assign my loan to an erroneous Trust, XXXX XXXX XXXX. 

However, the recent CFPB response from XXXX XXXX XXXX XXXXXXXX shows they had no idea this loan was being transferred or assigned to XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXXXXXX and XXXX previous servicers, AFTER XXXX  RELEASED SERVICING IN XXXX, claim that the loan is owned by XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, AS SUCCESSOR TO XXXX XXXX XXXX, XXXX, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX '' XXXX XXXX XXXXXXXX claims they havent had any rights to my loan since XXXX. XXXX XXXX XXXX was servicing my loan in XXXX. Based on the XXXX SERVICE RELEASE LETTER FROM XXXX  XXXX XXXX they had no rights to assign my mortgage on XXXX XXXX XXXX XXXX XXXX XXXXXXXX 's Behalf. 


XXXX  WROTE : When XXXX  executed the Assignment, which was prepared by XXXX  XXXX XXXX who was the mortgage servicer at that point in time, XXXX  was acting on behalf of the owner of the promissory note secured by the mortgage at the time who was The XXXX XXXX XXXX XXXX  XXXX, who by operation of negotiable instrument law, was a successor and assign to the promissory note from XXXX  XXXX who had sold its interest in the loan in XXXX to XXXX  XXXX XXXX who in turn sold its interest in the note to XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX in XXXX. 

According to XXXX  XXXX XXXX 's XXXX responses and XXXX service release notice... .this is a complete lie.