Consumer complaint received 2024-05-21
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Paying off the loan
Company: LAKEVIEW LOAN SERVICING, LLC (GA)

The complainant applied for credit, and subsequently entered a debt finance contract with XXXX XXXX XXXX for the purchase of real property in XXXX XXXX, Georgia on XX/XX/XXXX. XXXX XXXX XXXX claims to have sold the mortgage to Lakeview Loan Servicing , LLC on XX/XX/XXXX, and Lakeview Loan Servicing claims to have hired XXXX XXXX XXXX ( dba XXXX XXXX XXXX ) to service the loan. 

On XX/XX/XXXX, the complainant endured undue influence from the Notary Public during the closing procedures when she prevented the complainant from restricting her indorsement on the mortgage chattels. The complainant, being the true owner and holder of the chattels including the promissory note, never intended to gift the note or any of the chattels to XXXX XXXX XXXX, Lakeview Loan Servicing , LLC, or XXXX XXXX XXXX and only intended for them to hold the chattels on special deposit. She intended to deposit the promissory note into her own account, and never authorized the defendants to deposit the note into their account. The promissory note was the property that the complainant intended to pledge as collateral for the mortgage, not her real estate property. The complainant only granted the alleged owner and servicer a security interest in the promissory note in exchange for valuable consideration, which has still not been given to the complainant as of the filing of this complaint. The complainant never intended to grant legal title in any of her property to any of the parties previously mentioned, including Lakeview Loan Servicing , LLC. The Purchase Money Security Deed was solely intended to secure the complainants repayment of the mortgage, which she tendered on XX/XX/XXXX. Section 27 of the Security Deed titled Release clearly states that : Upon payment of all sums secured by this Security Instrument, Lender will cancel this Security Instrument. The complainant has asked Lakeview Loan Servicing , LLC to provide a full accounting for her account account multiple times via written request, the initial request sent via United States Postal Service Certified Mail on XX/XX/XXXX, and every time they have either refused the request or only provided partial accounting. On XX/XX/XXXX, Lakeview Loan Servicing , LLC was served a Deed of Dissolution of Trust discharging them of their Trustee capacity via United States Postal Service Registered Mail to dissolve the trust that was created by the complainant when she indorsed the Security Deed. The complainant also served a Revocation of Power of Attorney and Security Interest to the defendants on XX/XX/XXXX, which stripped them of their Power of Attorney and agent-in fact authorities and removed their right to a Power of Sale of the real property of subject. The complainant tendered three ( 3 ) special deposits with Notice of Equitable Redemption via United States Postal Service Registered Mail to settle her account, first to the Chief Financial Officer of XXXX XXXX XXXX on XX/XX/XXXX, and twice to the Indenture Trustee of XXXX XXXX XXXX, which is XXXX XXXX XXXX, XXXX. on XX/XX/XXXX. These three special deposits along with the promissory note deposited on XX/XX/XXXX, prove that the complainant has tendered four ( 4 ) different payments to the defendants to settle the alleged debt. The complainant obtained a Forensic Mortgage Securitization Audit which provided XXXX XXXX data proving that not only was her mortgage account already settled and repaid to Lakeview Loan Servicing , LLC, but that Lakeview Loan Servicing , LLC has converted and securitized the complainants mortgage chattels and are currently trading them on stock exchange markets and retaining all the profits. The records of accounting provided by the defendants in no way match the Forensic Mortgage Securitization Audit data. The complainant received a copy of the promissory note with the allonge from the debt collector XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, and the note does not contain a special indorsement signifying the assignment of the mortgage from XXXX XXXX XXXX  to Lakeview Loan Servicing , LLC. As of the filing of this complaint, neither Lakeview Loan Servicing , LLC or any other party previously mentioned in this complaint has provided the complainant with a copy of the promissory note that identifies them as title holders with any valid claim, right or interest in the promissory note or the real property of subject. 
OFFENSES 1. Lakeview Loan Servicing , LLC trespassed the complainants mortgage chattels when they wrongfully took possession without her consent and deprived her of her property. 2. Lakeview Loan Servicing , LLC materially altered the complainants mortgage chattels by applying their own indorsements without her consent. 3. Lakeview Loan Servicing , LLC converted the mortgage chattels for their own use without the consent of the complainant. 4. Lakeview Loan Servicing , LLC has committed multiple acts of breach of trust, including : A. Breach of contract when they failed to provide valuable consideration to the complainant after she granted them a security interest in her promissory note. B. Dereliction of fiduciary duties to apply the payments tendered by the complainant to settle their ledger and cancel the security instrument after receiving notice to do so. C. Refusal to vacate Trustee office after trust was dissolved and complainant relieved them of their responsibility. D. Refusal to provide a full accounting for the complainant 's account to show what disposition they have made of the trust funds, money, and other property in their possession. E. Clogging the complainants right to redeem the mortgage on several different occasions. 5. Lakeview Loan Servicing , LLC retains wrongful possession of the land, rights, titles, interests, and property after receiving full payment from the complainant to settle the account. 6. Lakeview Loan Servicing , LLC is violating the complainants order revoking their security interest and Power of Attorney/Power of Sale privileges . 7. XXXX XXXX XXXX XXXX XXXX has not proven their authority to foreclose on the complainants property by way of Power of Attorney granted by either the alleged owner or servicer of the mortgage, which displays they also do not have any de jure authority to foreclose on the complainants property. 8. Lakeview Loan Servicing , LLC has provided no proof that they have a right, title, or interest in the complainant 's real property by way of an assignment of the note to them from the alleged originator of the note. The complainant is already pursuing legal action against Lakeview Loan Servicing , LLC, and demands they provide the documents requested in this complaint immediately and cancel the auction sale of the complainant 's property scheduled for XX/XX/XXXX, before they cause irreparable harm to the complainant 's estate and commit fraudulent and injurious acts against the complainant.