Consumer complaint received 2023-12-27
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: Caliber Home Loans, Inc. (LA)

Transfer of Lien Fraud and Violation of the XXXX XXXX XXXX Adjudicated Deferred Prosecution Agreement the DOJ. 

XXXX XXXX, Chief Executive Officer Caliber Home Loans , Inc., and XXXX XXXX, owner of XXXX XXXX XXXX and Caliber Home Loans , IncXXXX violated the XXXX XXXX, XXXX XXXX XXXX XXXX XXXX DOJ Adjudicated Deferred Prosecution Agreement XXXX ( see in attachment ). Caliber became the XXXX for XXXX XXXX in XX/XX/XXXX. Caliber and XXXX XXXX XXXX  are Managerial Partners of real estate investment vehicle known as, XXXX XXXX XXXX XXXX XXXX XXXX  entered into an agreement to buy mortgages and HELOCs from XXXX XXXX XXXX. Caliber and XXXX XXXX XXXX failed to comply with the Sale or Merger section and the Anti Money Laundering rules of the DPA. XXXX XXXX XXXX and Caliber Home Loans , Inc. are Foreign-For-Profit entities and also must comply with the Foreign Corrupt Practices Act. 

Sale or Merger of XXXX Parties The XXXX Parties agree that in the event they sell, merge, or transfer all or substantially all of their business operations as they exist as of the date of this Agreement, whether such sale is structured as a sale, asset sale, merger, or transfer, it shall include in any contract for sale, merger, or transfer a provision binding the purchaser, or any successor in interest thereto, to the obligations described in this Agreement. 

XXXX and XXXX engaged in a series of bad and deceptive business practices by filing fraudulent securities instruments with Property Clerks of government agencies, criminal non-disclosure of the contract/trust sale and price paid for the real estate property purchased, wrongful foreclosure, filing frivolous lawsuits and money laundering. XXXX XXXX XXXX XXXX XXXX  and Caliber were engaged in criminal fraud and money laundering by creating a Trustee contracts with an entity that is not registered to engage in business and/or litigation in the State of Texas. 

XXXX filed tens of thousands of fraudulent security instruments with property clerks to transfer liens they didnt legitimately own. XXXX instrument for my personal real estate property was filed with the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX It is fraudulent on its face. It is not a legal document due to the fact that the entity receiving the real estate property is not able to do business and the signee is not authorized as an Attorney-in-Fact. These fraudulent filings were a material step in order for Caliber to seize control of property they do not own, foreclose on them and launder the money. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX was involved in the disbursement and sale of XXXX XXXX XXXX Secured Receivables and the closing of XXXX XXXX XXXX XXXX XXXX. He retired in XXXX and became a member of Calibers Board in XXXX. Short sales and pre-negotiated discounts originally for the borrowers, were, diverted, and packaged for third party lenders such as XXXX XXXXXXXX XXXX  and XXXX under XXXX watch. Those lenders were obligated to offer the borrowers those same short sales and pre-negotiated discounts which they purchased from XXXX per the DPA. Caliber, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX did not comply with the DPA. 

Per page 120, SEC XXXX 10-K Report, XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX addressed the disbursements of these assets. Aggregate cash consideration received during XXXX for these real estate secured receivables totaled XXXX XXXX  The Report states that XXXX continued to work with borrowers : As we continued to work with borrowers, we may also agree to a short sale whereby the property is sold by the borrower at a price which has been pre-negotiated with us and the borrower is released from further obligations. The Report also states that, year-ending XX/XX/XXXX that non-credit card receivables were sold to XXXX XXXX XXXX XXXX XXXX It also reported that the mortgage service division contracts were sold ending XXXX XXXX Included is an email for XXXX which states they never owned my HELOC. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  recorded investment transactions with the SEC in XX/XX/XXXX and XX/XX/XXXX. ) This was a short-closed, 13-month investment fund, per the SEC. 

On XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX my account general ledger which stated the new discounted total due on my property was {$55000.00}. It is assumed that Caliber paid {$55000.00} for the HELOC since the balance on that ledger was {$0.00}, as of XXXX Caliber said my outstanding balance was {$140.00}, XXXX XXXX XXXX. Caliber engaged in real estate fraud and money laundering by collecting {$190000.00} on XX/XX/XXXX per their records. Caliber and XXXX XXXX Funds breached the XXXX XXXX XXXX which the successors must be in compliance with. Caliber collected at least {$140000.00} they did not earn. 
Breach of the Agreement If, during the Term of this Agreement, the Department determines, in its sole discretion, that the XXXX Parties have ( a ) committed any crime under U.SXXXX federal law subsequent to the signing of this Agreement, ( b ) at any time provided in connection with this Agreement deliberately false, incomplete, or misleading information, or ( c ) otherwise breached the Agreement, the XXXX Parties shall thereafter be subject to prosecution for any federal criminal violation of which the Department has knowledge, including the charges in the Information described in Paragraph 1, which may be pursued by the Department in the United States District Court for the XXXX XXXX of New York or any other appropriate venue. 

Caliber has engaged in many improprieties in collecting debt which they do not legally own. On XX/XX/XXXX, Caliber sent the attached letter Demand for Payment and Notice of Intent to Accelerate as the Servicer for XXXX XXXX. The transfer of XXXX on XX/XX/XXXX, to XXXX XXXX was made after the acceleration notice. My homestead protection instrument was invoked in XX/XX/XXXX to protect my homestead from sale or XXXX. I was a Protected Member of the XXXX Class Action Lawsuit ( violations of RESPA, FDCPA, FCRA, TILA ) which settled favorable for the Members. My loan was disbursed in XXXX of the the XXXX XXXX XXXX XXXX XXXX XXXX Calibers XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX sent a letter in XXXX XXXX XXXX, stating their file was closed due to a payoff of the loan. Calibers XXXX XXXX sued me by using XXXX XXXX XXXX XXXX XXXX  as Trustee for LSF8 Master Participation Trust knowing the contract to sue was illegal and the debt was established to have a XXXX balance in XXXX. XXXX created fraudulent Modification Contracts which did not have any fiduciary principle tying into an amount to cure. Caliber disregarded XXXX XXXX XXXX language which they were obligated to comply with. In an effort to artificially inflate the debt through unlawful financial transactions. Caliber augmented the debt by incorporating 6 years deferred interest on a loan they had no legitimate bases of ownership. Attorney from XXXX XXXX, XXXX XXXX stated in an email in XX/XX/XXXX, that my property was purchased as a short sale from XXXX  XXXX Caliber and XXXX XXXX persistently withheld the contractual and purchase price since XXXX since it would substantiate a lack of ownership of the debt. 

Fake Closing XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX XXXX ) scheduled a fake closing in which there was no funding on XXXX. Caliber negotiated a short sale with XXXX and XXXX. They defrauded me of {$190000.00}. This is not only fraud, but money laundering. XXXX refused to turn over the XXXX closing package and a copy of the check/wire on XX/XX/XXXX. The Lender ( who was not there ) on that closing stated she did not fund that closing. On XXXX XXXX closed on my property with XXXX to XXXX. XXXX, XXXX and XXXX refuse to send a copy of the check/wire that paid of the debt. The Title Attorney withheld filing the XX/XX/XXXX closing instrument with the XXXX XXXX XXXX by XXXX weeks so the XX/XX/XXXX closing and the XX/XX/XXXX closing did not raise any red flags. The check Caliber received was dated XXXX Caliber has stated on the phone and in the attached letters that they will not release a copy of the check/wire which paid off the account. They are violating another FDCPA rule. 

The Judicial climate in Texas is heavily influenced by XXXX XXXX XXXX XXXX XXXX. The lawyers recommended by the Bar Association would not take on the contract issue of the claim, even when the Defendant attorneys asked to negotiate a settlement in XX/XX/XXXX. They were all familiar with the XXXX XXXX Funds Foreclosure Litigations and their attorneys. Attorneys stated it was unfair that I have a home without paying for it when they had too. However, they would take the case if I filed Bankruptcy and paid {$3000.00} up front. The system is very corrupt even including the judges. When informing JXXXX XXXX at the XX/XX/XXXX, hearing, that there was not a copy of a contract between me and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX denied me due process under the law when he told me to shut up or he would have his bailiff throw me out of this Court. He allowed an admittance of hearsay evidence stating I was not a party of the Class Action Lawsuit and a Modification Agreement that I did not sign. Evidence of both, the Class Action Lawsuit and that the Modification Agreement was included in the Response I filed with the Court. Caliber created multiple modifications which did not tie into any contract of a loan. 
Summary Caliber and XXXX XXXX Funds are obligated to adhere to the XXXX XXXX. If it were not for XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. fraudulent transfers of lien, I would not have lost my property to the bad actors. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has been on the Board of Caliber Home Loans XXXX XXXX since XXXX. The XXXX XXXX Report stated that many directors and officers breached their fiduciary duties. Those pre-negotiated prices for borrowers loans had to cross XXXX XXXX Instead of negotiating with borrowers, he deceptively sold those discounted loans to XXXX XXXX XXXXCaliber and other third-party lenders/trusts who violated the DPA. XXXX instigated these criminal and deceptive practices, by defrauding their own customers to recover millions lost from the fine, XXXX XXXX. This is not only fraud, but unchecked capitalism which leads to economic discrimination and massive homelessness. Agencies are not enforcing RESPA and FDCPA laws. Caliber and XXXX XXXX Funds can continue these bad actions due to the sanctions do not penalize them enough to correct the illegal activities. It is profitable for them to commit fraud and money laundering than to adhere to laws that prevent homeowners from losing their property to those frauds. A copy of these complaints will be sent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX