Consumer complaint received 2023-10-26
Product: Mortgage — VA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: LAKEVIEW LOAN SERVICING, LLC (FL)

THIS IS NOT A DUPLICATE REQUEST! 

I am dealing with a loan originated by XXXX XXXX XXXX, XXXX ( Complaint XXXX ) and the " servicer '' is Lakeview Loan Servicing , LLC XXXX and the " sub-servicer '' is XXXX XXXX XXXX XXXX XXXX I did not have the option to include all three in one claim, so there are three complaints dealing with the same home for full transparency. 

Lakeview Loan Servicing , LLC is suing for foreclosure, and the trial is XX/XX/2023. I have no contract with them, and I have rescinded all " security interest '' to XXXX XXXX XXXX, XXXX, and all parent affiliates, successors, assigns, and transfers. 

I have sent three qualified written requests to XXXX XXXX XXXX, XXXX to which they sent copies of closing documents I already have. I sent ten qualified written requests to XXXX, the " sub-servicer, '' to which they responded with copies of what I already have from closing. I have sent three qualified written requests to Lakeview Loan Servicing , LLC to which there was no response at all. I have notified all parties at XXXX XXXX XXXX, XXXX, XXXX XXXX  XXXX, and Lakeview Loan Servicing , LLC, that I am exercising my right to rescind. Lakeview Loan Servicing , LLC is attempting to foreclose on my home with a trial date of XX/XX/2023. They have not responded to any of my letters or Notices. XXXX XXXX XXXX XXXX represents XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX from that firm responded only to my second Notice of Recission to state that my Recission was rejected with no proof that the disclosures were provided. They outright denied us our rights without explanation, justification, or remorse. We were not provided the disclosures, examples of how to rescind, or that I had the right to rescind at the original closing, nor was I made aware as the " loan '' or the " servicing rights '' were sold to Lakeview Loan and XXXX be either of these companies. According to 12 CFR 1026.23 ( a ), 12 CFR 226.23, and 12 CFR Part 1026.15 ( a ). or the Right to Rescind disclosures from Appendix H-8. Jesinoski v Countrywide 135 S. Ct. 790, 192. TILA gives borrowers an unconditional three-day right to rescind. 15 U.S.C. 1635 ( a ). The three-day rescission period begins upon the consummation of the transaction or the delivery of the required rescission notices and disclosures, whichever occurs later. Required disclosures must be made to each consumer whose ownership interest is or will be subject to the security interest and must include two copies of a notice of the right to rescind. 12 C.F.R. 226.23 ( a ) - ( b ) ( 1 ). If the creditor fails to make the required disclosures or rescission notices, the borrowers right of rescission shall expire three years after the date of consummation of the transaction.

Additionally, as stated in : 12 CFR 1026.23 ( h ) Special rules for foreclosures ( 1 ) Right to rescind. After the initiation of foreclosure on the consumer 's principal dwelling that secures the credit obligation, the consumer shall have the right to rescind the transaction if : ( ii ) The creditor did not provide the properly completed appropriate model form in appendix H of this part, or a substantially similar notice of rescission.

12 CFR 223.23 ( h ) Special rules for foreclosures ( 1 ) Right to rescind. After the initiation of foreclosure on the consumer 's principal dwelling that secures the credit obligation, the consumer shall have the right to rescind the transaction if : ( ii ) The creditor did not provide the properly completed appropriate model form in appendix H of this part, or a substantially similar notice of rescission.

We were not provided disclosures Title 16 CFR 433.2 Preservation of consumers claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

As part of the Notice I have requested to make a claim on the Errors and Omissions Insurance from XXXX XXXX XXXX XXXX XXXX, XXXX. They have not yet responded to my letter. I will have to mail my submission due to the volume of paper, but I wanted to initiate my claim online to ensure receipt and visibility.