Consumer complaint received 2024-12-12 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Ocwen Financial Corporation
State: CA

Complaint narrative:
I, XXXX XXXX the lawful homeowner at XXXXXXXX XXXX XXXX XXXX XXXXXXXX in California has been unlawfully foreclosed and reverted back to the alleged Owner yesterday on XX/XX/XXXX, at an auction that took place at XXXX XXXX XXXX, of California in the courtyard. Despite my attempts to offer a conditional acceptance to settle the debt with debt validation and the request for full disclosure, which I was never given at closing. PHH Mortgage Services, the servicer/ lender continuously mailed out acknowledgements and correspondence letters stating the need for 30 days to research the demands for full disclosure while moving forward with an unlawful foreclosure. This action is considered unlawful as they did not halt the foreclosure until the full disclosure was settled and/or a thorough and complete investigation has been conducted and satisfied. It appears the servicer deliberately strung me along in order to complete the foreclosure process without a proper investigation. Ive also made the servicer/lender aware of their breach of contract with the laws indicating the breach agreement for misleading and false representation. The servicer/lender again continuously requested 30 days while continuing to proceed with an unlawful foreclosure regarding the alleged mortgage. I was given different addresses to send the requests and received what appears to me as stall tactic. As I continued to receive foreclosure letters, billing statements and modification offers by servicer ; closer to the auction date, I received inadequate responses without full disclosures as requested, Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal. The servicer/lender claimed they did not have a response for most of the requests because they are not the lender, only servicing the account. The servicer has been my sole and only source of contact and correspondence since the loan transfer. The servicer PHH Mortgage Services is the only one that sends billing statements ( payable to PHH Mortgage Services ), loan modifications and any and all account related issues. I was advised by the servicer ( PHH Mortgage Services ) via email XX/XX/XXXXXXXX  that the loan was transferred to them by XXXX XXXX XXXX XXXX, Original lender. I received inadequate responses for the full disclosure and only provided a copy of the deed of trust, a copy of the allonge and a one-sided billing ledger, oppose to the double-entry bookkeeping & both sides of the ledger, both public and private. I believe that the lender sold my loan to an investor who pooled and marketed it as an asset backed security without informing me that this was their intent from the beginning. The request for the information is pertinent to my claim and provides documentary evidence that will have standing in the XXXX XXXX XXXX. 

PHH Mortgage Services has procrastinated to send the burden of truth, by continuously asking for an additional 30 days to respond to my requests and now has XXXX my property in dishonor, without providing valid documentary evidence that they had standing to foreclose and auction my property. I requested proof for the original promissory note associated with the loan ; in addition of my request to provide documents in its original form to settle the validity of said loan : The original promissory note associated with the loan. 

Any allonge affixed to the promissory note, including all indorsements. 

Bookkeeping journal entries related to the loan, both public and private The deed of trust associated with the loan. 

Insurance policy associated with the promissory note.

Call reports covering the loan period.

Deposit slip for funds associated with the loan.

Authorization for withdrawal of funds related to the loan.

Verification that the promissory note was a " free gift '' from the borrower to the lender.

The name and address of the current holder of the promissory note. 

Chain of title documentation, including any assignments or transfers of the mortgage. 

Servicing records related to the loan, including payment history and delinquency notices. 

Any and all accounting records ; full reconciliation, every accounting record thats has everything to do with this loan ; including securitization, modifications, collateralization, accounts payable & receivables of this loan and anything else related to the said mortgage. 

Notices of default and right to cure, as well as any foreclosure-related notices. 

Documents evidencing authority to foreclose, including power of attorney and servicing agreements. 

Proof they have standing to initiate foreclosure. 

Any element of fraud vitiates the contract. Ive discovered none of my documents in my possession exhibit wet ink signatures of any alleged lender, servicer, title company or anyone. Therefore, I do not have meeting of the minds and agreement with anyone, makes it an unconscionable contract that is null and void on its face. The loan agreement is invalid under California Civil Code 1550 and 1565, as there was no mutual assent between the parties due to significant non-disclosure by lender. I was not fully informed of the terms of the agreement and the true nature of the transaction. I did not consent to give up all rights, title, and interests in the property under terms that were not fully disclosed, thus the contract lacks mutual assent and is voidable. As the fiduciary the lender did not operate in my best interest. In violation of the terms of the Deed of Trust, lender failed to release the Security Instrument and reconvey the property at the time it was sold to the investor, as required by XXXX XXXX XXXX XXXX Reconveyance per RESPA, this is a Breach of the terms of the Security Instrument. I was notified by servicer of the loan transfer on XX/XX/XXXX stating servicing transfer will take place XX/XX/XXXX under Account No : XXXX ; Corporate Assignment of Deed of Trust was recorded XX/XX/XXXX loan originated with XXXXXXXX XXXX XXXX XXXX XXXXXXXX on XX/XX/XXXX, under loan # XXXX and Account No : XXXX. California mandates possession of both the promissory note and deed in order to foreclose and they've sold the note. I have valid concerns and reasons regarding my entire alleged mortgage loan. XXXX  has no standing to transfer the beneficial interest of the deed of trust, as it does not hold the underlying note, as established In re : XXXX, XXXX XXXX. XXXX. The opinion specifically states : Since no evidence of XXXX  ownership of the underlying note has been offered, and other courts have concluded that XXXX  does not own the underlying notes, this court is convinced that XXXX had no interest it could transfer to XXXX. Since XXXX  did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void & the participating parties ; XXXX, PHH Mortgage Service, XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( whom is the law firm, acted as the debt collector, attorney, substitute trustee & conducted the auction ) has no standing to foreclose ; California law. In addition, but not limited to, PHH Mortgage has a history of fraudulent activity, according to The United States Department of Justice, Office of Public Affairs ; servicer Agreed to Pay Over {$74.00} Million to Resolve Alleged False Claims Act Liability Arising from Mortgage Lending. Referenced from the Department of Justice Website : www.justice.gov, as this is unacceptable to allow mortgage companies to continue to do business while extorting consumers and not reporting XXXX. The mishandling of my mortgage loan and actions of all parties involved has caused me to suffer irreparable harm and injury including the loss of our only domicile for family and I, causing homelessness, health issues, and extreme distress due to the lack of concern and inadequate responses, harassment via letters and phone calls and by proceeding with an unlawful foreclosure, conducting an auction to only revert my property. I have superior interests and Im the secure party ; the parties have also ignored liens recorded with the Secretary of State, which both are referenced in UCC File No : XXXX, Secretary of the State Colorado and UCC File No : XXXX. The UCC filing also shows the United States Treasury as a secured party and Secretary XXXX XXXX has been made the Fiduciary of my accounts since XX/XX/XXXX. I made attempt to make payment in lawful money via the United States Treasury was refused which goes against the constitution and my attempt to tender payment for setoff was refused as well. As of today, XX/XX/XXXX, now that my property has been reverted, the servicer is stating they cant proceed with lawful money presented due to not being able to locate my account number in the system. The services and attorney ignored my perfected and acceptance of the deed on file with the county recorder 's office. I have many documents and was not able to upload all, due to the 50-page capacity. Please let me know if there are any documents needed that can be sent as well to support my claim. Im respectfully seeking justice, equality & equity. I have stayed in honor and want all titles, rights and interests thats owed, which includes the title reconveyed back to me as the lawful homeowner. I will continue to move forward with legal actions to enforce my constitutional and equitable rights if servicer does not reciprocate clean hands, good faith and in honor. It's never too late to do the right thing. Thank you for your assistance in this matter. 



Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, California XXXX ( XXXX ) XXXX

Company response to consumer: Closed with explanation