Consumer complaint received 2019-06-06
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Caliber Home Loans, Inc. (CA)

Recently I filed a complaint with Consumer Financial Protection Bureau ( CFPB ) against XXXX XXXX pretending to act as a Trustee called the XXXX XXXX XXXX XXXX   which has not returned any of my calls to date. Also Caliber Home Loans, Inc. ( Caliber ) claims to Service my loan but has failed to address any of the issues I have presented to them. 

They claim they have Rights to Enforce the Deed of Trust and Note originated on XX/XX/XXXX, with a principal balance of {$310000.00}. The original lender was XXXX XXXX XXXX DBA XXXX. The Note is secured by a Deed of Trust that was recorded against the property located at XXXX XXXX XXXX XXXX, XXXX, California XXXX. Your loan was bought by XXXX XXXX ( i.e.  XXXX ). 

Caliber advised numerous times, XXXX XXXX XXXX, XXXX, as Trustee for XXXX XXXX XXXX XXXX ( XXXX XXXX   XXXX ) acquired your loan from XXXX XXXX on XX/XX/XXXX which is a misrepresentation and there is no evidence to prove this. 

There are at least two different versions of the Note. They claim that the " two versions of the Note you included with your complaint are identical with the exception of the indorsement stamp ''. The stamp is undated so we do not know who endorsed it, nor when, nor to whom? 

They claim that " XXXX XXXX XXXX is in possession of and can enforce the Note under California law, through its designated loan servicer Caliber ''. Yet we have requested many times to see the original note many times and they have refused. 

Therefore we can safely conclude that XXXX XXXX XXXX does not possess the original Note that I signed in XXXX. 

I did not receive a notice of assignment of your loan within 30 days of the assignment pursuant to 15 U.S.C. 1641 ( g ), and therefore automatically rescinded the loan. 

They received a copy of the automatic rescission of the note sent to General Correspondence address : XXXX XXXX XXXX XXXX XXXX, OK XXXX, www.CaliberHomeLoans.com, Notice Of Error, Request for Information, or QWR address : XXXX XXXX XXXX XXXX XXXX, OK XXXX dated XX/XX/XXXX, according to 15 U.S.C. 1641 ( g ) which requires the assignee of a mortgage loan to notify the borrower of the assignment in writing within 30 days of the transfer. 

The time has now expired and they did not object nor file a case in any court with competent jurisdiction in XXXX XXXX, CA. so we will proceed to record the cancellation of the note on title with the approval of the XXXX. XXXX XXXX XXXX violated 15 U.S.C. 1641 ( g ). 

According to 15 U.S.C. 1640 ( any action under this section may be brought in any United States district court... within one year from the date of the occurrence of the violation. ). There violation occurred in XXXX of XXXX and in the state of California Borrowers have six ( 6 ) years to file the rescission and we did so within said time frame. 

Also under 15 U.S.C. 1641 ( g ), and the right-of-rescission provision of 15 U.S.C. Section 1635, applies to all consumer credit transactions, involving borrowers who are natural persons as is the case here. Also see 15 U.S.C. 1602 ( i ), 1635 ( a ) transactions involving the sale, transfer, or  assignment of loan between banks, lending companies, creditors, etc. pursuant to violations under 1641 ( g ).

Therefore, the violation of 15 U.S.C. 1641 ( g ) is automatic and no action needs to be taken by the part of the natural person borrower.

Rescission under 15 U.S.C. 1635 of the Truth-in-Lending Act ( TILA ) is not time barred and is determined on a State by State basis. In California it is six ( 6 ) years.Therefore, the right of rescission would expire in six ( 6 ) years after the consummation of the transaction, meaning the time when a consumer becomes contractually obligated to a credit transaction from a new alleged lender which was against all Bankruptcy rules and regulations in XXXX of XXXX.

Also see 15 U.S.C. 1635 ( f ) ; 12 C.F.R. 226.2 ( a ) ( 13 ) ; see  also XXXX v. XXXX XXXX XXXX XXXX in the State of Montana. 

The alleged notice of assignment lists a new account number for your loan, which is XXXX, and which was securitized and sold on Wall Street after having been sold and funded by XXXX. See the copy of the note from XXXX attached. 

They used the name of XXXX XXXX XXXX to do this, c/o :  General Correspondence address : XXXX XXXX XXXX XXXX   XXXX, OK XXXX www.CaliberHomeLoans.com, Notice Of Error, Request for Information, or QWR address : XXXX XXXX XXXX XXXX XXXX, OK XXXX Sincerely, XXXX XXXX XXXX XXXX Senior Vice President Customer Advocacy and Response Team