Consumer complaint received 2023-12-18 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Payment process
Company: PENNYMAC LOAN SERVICES, LLC.
State: FL

Complaint narrative:
Breach of fiduciary duty. 
PennyMac Financial Services has sent XXXX XXXX and XXXX XXXX statements that contains the positive deposit of the securities we have deposited into account XXXX since XX/XX/XXXX. We have requested that the CFO and Indenture Trustee to Transfer the positive value of the bearer security to the principal to set-off the account and bring it to XXXX. we asked if we've missed something for some to email us with the correct steps to complete the request if need be. 

XX/XX/XXXX of XXXX  a register security and a letter of instructions addressing XXXX XXXX and the Legal Department was mailed for processing, Instead the response, was we were Approved for a loan modification we didn't request to be processed, we believe the company is committing Fraud. On XX/XX/XXXXXXXX  We sent a Notice of Rescission as we know the PennyMac Financial Services are violating our rights. 

We also want to complain about the register securities we sent in the past that were not processed and the securities were never sent back. instead, the company response is not in favor of us who has attempted to settle our account in Good Faith. We have sent Letter of instruction, Opportunity to Cure and Notice of Default in which all were ignore by them telling us we were obligated in which we never denied and threaten to send the account to foreclosure. Although I sent my Securities addressing the CFO and the Indenture Trustee of our Estate, the research department continues to not forward our register security and communication to the addressed parties. 

We believe PennyMac Financial was violating our rights and breaking the laws below : 1. 15 U.S. Code 1635 Right of rescission as to certain transactions 3 days 2. 15 U.S. Code 1635 ( b ) not liable for any finance or other charge, and any security interest, return to the obligor any money or property given as earnest money, downpayment, any property to the obligor, the obligor may retain possession of it, 3. The rescission forms are required by 15 U.S. Code 1635 and must be delivered together with a statement containing the material disclosures 4. 15 U.S.Code 1602 ( v ) The term material disclosures means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness XXXX. XXXX XXXX XXXX a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. 
6. THE contract has been a one-sided agreement 7. 15 U.S. Code 6801 ( a ) right to privacy and the right to know where and how to direct the disclosure of my nonpublic information.

8. 15 U.S. Code 6801 ( a ) financial institutions must prevent unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer 9. 15 U.S. Code 6802 did not disclose to me my right to opt out of the disclosure of my nonpublic information.

10. 15 U.S.Code 1692e ( 4 ) Threat of repossession is fraud and illegal in the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S Constitution.

11. 15 U.S. Code 1692f. Unfair practices threat to seize or take 12. 15 U.S.Code 1692j False and deceptive form ( contract ) 13. 15 U.S.Code 1692k civil liability rewards for any damages, which may include stress, harassment, XXXX, XXXX XXXX 14. 16 CFR 433.1 ( b ) seeks or acquires goods or services for personal, family, or household 15. 16 CFR 433.2 ( a ) invoking my right as the debtor to assert all claims and defenses 16. 16 C.F.R. 433.3 not exempt 1977 17. 15 U.S. Code 1662 ( b ) It is illegal to require any downpayment in connection with a consumer credit transaction.

18. 15 U.S.Code 1605 ( a ) finance charge sum of all charges insurance for the vehicle and insurance to cover health, life, accident, and gap insurance and NO CASH DOWNPAYMENT 19. 15 U.S. Code 1611 ( 1 ) ( 3 ) Criminal liability for willful and knowing violation fined up to {$5000.00} for giving false, inaccurate, and failing to provide information which is required to be disclosed 20. 15 U.S.Code 1640 ( a ) DOUBLE THE FINANCE CHARGE for each violation 21. XXXX XXXX. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL. authenticated notification of disposition.

22. 15 U.S.Code 1605 ( a ) 1605 ( a ) No downpayments or any cash in connection with a finance charge. 
XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX Performance or Acceptance Under Reservation of Rights. 
XXXX XXXX. TENDER OF PAYMENT.

Company response to consumer: Closed with explanation