Consumer complaint received 2025-03-28 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: NY

Complaint narrative:
Legal Demand for Assignment Record Under XXXX XXXX XXXX & XXXX ; UCC 9-406, 9-210 This is a formal complaint and legal demand for clarification from XXXX XXXX XXXX XXXX  XXXX the originating mortgagee listed in XXXX XXXX Mortgage Instrument XXXX XXXX, regarding its contradictory statements on the transfer and enforceability of the mortgage allegedly serviced by XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

XXXX Prior Admissions : In response to a prior CFPB complaint, XXXX stated : An assignment of mortgage was not required XXXX XXXX is not affiliated with XXXX XXXX and is not the current owner of the mortgage. 

XXXX XXXX is now the servicer [ but ] XXXX XXXX did not issue a Satisfaction of Mortgage. 

These admissions contradict binding New York law and raise material issues of fraud, concealment, and unauthorized third-party enforcement. 

CONTROLLING XXXX & XXXX INTERPRETATION : XXXX Real Property Law 291 : A conveyance of real property not recorded is void as against any person subsequently acquiring an interest. 

Cited in : XXXX  XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) Unrecorded mortgage assignment renders foreclosure unenforceable against subsequent parties. 

XXXX XXXX XXXX : Plaintiff must be the owner and holder of the mortgage and note, or the assignee thereof. 

Cited in : XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) Servicers can not foreclose without a recorded and valid assignment of both the note and mortgage. 

UCC 9-406 and 9-210 : A debtor may demand disclosure of the person entitled to enforce the obligation ; A party claiming a security interest must show a valid assignment or face estoppel. 

Cited in : XXXX XXXX  XXXX XXXX. XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) Assignment must be executed and proven before enforcement is lawful. 

LEGAL DEMAND : Given XXXX 's statements and the controlling statutory and case law cited above : Please confirm whether XXXX acknowledges that under XXXX XXXX, a valid assignment of mortgage is legally required to transfer enforcement rights to any third-party servicer or holder. 

State whether XXXX executed and recorded any assignment to XXXX XXXX XXXX or XXXX XXXX XXXX XXXX XXXX, XXXX XXXX 

Confirm whether XXXX disclaims any ownership, interest, or servicing relationship to the subject mortgage. 

Failure to respond fully will be deemed confirmation that no lawful assignment exists, and may constitute willful concealment and regulatory non-compliance. 

" XXXX XXXX XXXX XXXX  has admitted that it 'is not affiliated with XXXX XXXX and is not the current owner of the mortgage. ' XXXX has confirmed no assignment of legal interest was made. Furthermore, the U.S. Securities and Exchange Commission, in FOIA Case No. XXXX, confirmed that the note was securitized into XXXX XXXX XXXX XXXX XXXX  XXXX, with The XXXX XXXX XXXX XXXX XXXX XXXX Paying Agent, and the Federal Reserve XXXX XXXX XXXX XXXX XXXX Depository. This proves the obligation was transferred to a trust, not to XXXX XXXX XXXX, and that no chain of assignment exists under XXXX XXXX XXXX, XXXX, or UCC 9-406, 9-210. Therefore, any enforcement or reporting by XXXX XXXX XXXX is legally void, fraudulent, and without standing. '' Respectfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Failure to answer to acknowledge this Public Notice will result in Complaint with OCC and Thrift to audit the off the books book keeping and demonstrate the

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief