Consumer complaint received 2019-05-24
Product: Debt collection — Mortgage debt
Issue: False statements or representation — Told you not to respond to a lawsuit they filed against you
Company: Onity Group Inc. (FL)

COMPLAINT AND REQUEST FOR INVESTIGATION To : Consumer Financial Protection Bureau, I write to respectfully request that this department initiate a pattern and practice investigation into whether there are systemic violations of the Constitution of Federal Laws by Ocwen Loan Servicing, LLC. 
GENERAL ALLEGATIONS 1. This complaint is related to a fraudulent foreclosure action filed by Ocwen Loan Servicing, LLC ( Ocwen )., against the real property ( our home ), located at : XXXX XXXX XXXX Way, XXXX FL XXXX ( The Property ). 
2. As seen, Ocwen continues with its fraudulent assignments of mortgage and foreclosure action, in violation of the XXXX Consent Judgment between the Consumer Financial Protection Bureau, every state but Oklahoma, and Ocwen Loan Servicing, LLC. 
3. Ocwens unlawful action has caused me and my family irreparable damages. 
4. XXXX XXXX XXXX records evidence that certain mortgage ( the MOR ), which encumbered The Property, was signed by XXXX XXXX and delivered to XXXX XXXX  XXXX, XXXX ( XXXX ). The MOR was recorded on XX/XX/XXXX, in Official Records Book XXXX at Page XXXX, of the XXXX XXXX XXXX XXXX XXXX, Florida. On around XX/XX/XXXX, XXXX filed for bankruptcy in the State of  California. As of XXXX, XXXX went out of business. 
5. ON XX/XX/XXXX an assignment of mortgage was filed in XXXX XXXX County, XXXX XXXX, page XXXX ; a copy of the assignment has been attached as Exhibit 1. 
6. As seen, the MOR was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ( MERS ), as Nominee for XXXX XXXX XXXX XXXX XXXX, to a certain assignee ( Assignee-1 ). The assignment was evidenced by XXXX XXXX, XXXX XXXX of MERS. 
7. The XXXX-MOR was never assigned back from Assignee-1 to MERS. 
8. On XX/XX/XXXX, a second assignment of mortgage ( OCWEN-ASSIGNMENT ) was filed in XXXX XXXX County XXXX, Book XXXX, page XXXX to indicate that, once again, MERS ( via OCWEN manufactured signors and witnesses ) conveyed its interests in the MOR to : XXXX XXXX XXXX XXXX, AS TRUSTEE, FOR THE XXXX XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES, XXXX XXXX whose Address is c/o OCWEN Loan Servicing, LLC, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, Florida, XXXX ( ASSIGNEE-2 ). In the OCWEN-ASSIGNMENT we find : a. Assignor : MERS. 
b. Signor : XXXX XXXX, a known robo-signer OCWENs employee, who claims to be Assistant Secretary of MERS, assigning the Mortgage and all beneficial interest therein using MERS as a cover for XXXX XXXX  XXXX XXXX, who went out of business in XXXX. 
9. Copy of this second assignment of mortgage has been attached as Exhibit 2. 
10. The OCWEN-ASSIGNMENT was prepared by OCWENs employee XXXX XXXX, and not by anyone at MERS, nor at XXXX. 
11. OCWEN-ASSIGNMENT is not from MERS to ASSIGNEE-2, but it is an attend to conceal the self-assignment, a VOID and NULL Assignment of Mortgage, an underlying intent to  defraud, based on knowledge of the false nature of the instrument. 
12. On XX/XX/XXXX OCWEN filed a foreclosure action, on behalf of XXXX XXXX XXXX XXXX, AS TRUSTEE, FOR THE XXXX XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES, XXXX XXXX ( XXXX ), with its intent to foreclose The Property. 
13. After a long an expensive defense of the foreclosure action, the Property was sold in an auction on XX/XX/XXXX. 
14. The false assignment of mortgage and the endorsement by XXXX XXXX, acting as Assistant Secretary of MERS, is a prima facie element for Intentional Misrepresentation and Intentional Misconduct. The false OCWENs assignment of mortgage is intended to and did infect the Florida litigation. 
15. OCWEN-ASSIGNMENT was OCWENs intent to induce reliance on the misrepresentation. OCWENs intentional misrepresentation was a determining factor that prevented me and my family from succeeding in our defense of the foreclosure action. 
16. OCWENs conduct was willful, deliberate, and done in bad faith. OCWEN knew that its conduct will result in a foreclosure action against the me and my family. 
17. As a result of the unlawful conduct, we have been harmed by engaging in the process of a foreclosure claim, in legal fees, and by losing The Property, and damages in an amount as yet undetermined. The reliance on OCWENs misrepresentation was a substantial factor causing the harm. 
18. Among other things, the effects of OCWENs unlawful action and negligence have been that me and my family expended a considerable amount of money in legal fees, effort and time in defending the OCWEN-COMPLAINT, and that The Property was sold in a foreclosure sale. 

XXXX XXXX IS A WELL-KNOWN ROBO-SIGNER OCWENS EMPLOYEE 19. As seen on the attached conformed copies of documents taken from the XXXX County XXXX XXXX XXXX, XXXX XXXX is a well-known robosigner, an Ocwens employee, who in some documents appears as employee of MERS and in others as employed of Ocwen, as Vice President of XXXX XXXX XXXX, etc. 
a. Exhibit 3. XXXX County CFN # XXXX. This document purports to assign a Mortgage from MERS as nominee for defunct XXXX, XXXX XXXX into a closed XXXX XXXX XXXX trust. XXXX XXXX signed as witness for Ocwen Loan. 
b. Exhibit 4, XXXX County CFN # XXXX. Signor :  XXXX XXXX, as Contract XXXX for Ocwen Loan Servicing. 
c. Exhibit 5, XXXX County CFN # XXXX. Signor : XXXX XXXX, Assistant Secretary of MERS. 
d. Exhibit 6, XXXX County CFN # XXXX. Signor :  XXXX XXXX, as Contract Manager for Ocwen. 
e. Exhibit 7 XXXX County CFN # XXXX, Signor :  XXXX XXXX, signing as Contract Manager for Ocwen. 
20. Upon information and belief, after entering the consent order with the Consumer Financial Protection Bureau, and every state but Oklahoma, Ocwen waited a few years to start its fraudulent foreclosure actions. 
21. And, the same way Ocwen has caused irreparable damages to me and my family, it might be doing the same thing with dozens of thousands of families, especially in the State of Florida, where judges are turning a blind eye to foreclosure frauds.

22. We need the protection of the federal government and agencies. 
23. An intervention of this department is necessary in the State of Florida to protect due process rights guarantee by the 5th and 14th amendment of the US Constitution. This Department is uniquely suited to conduct such an  investigation, based on its experience in dozens of pattern or practice investigations in jurisdictions across the country. 
24. Our case is just an example of what is happening in Florida. But it is a flagrant that Ocwen is still an active party of foreclosure frauds in Florida, in violation of the National Settlement.

VERIFICATION.

Under penalty of perjury, I declare that I have read the foregoing and the facts alleged therein are true and correct to the best of my knowledge and belief.

CC : Ocwen Loan Servicing, LLC. 
XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX FL XXXX