Consumer complaint received 2024-06-21 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Ocwen Financial Corporation
State: MD

Complaint narrative:
I have been contacting PHH and XXXX mortgage for over a year trying to get the mortgage modified. The lender continues to avoid me. I began keeping records of my calls with the company. They are telling me that the foreclosure date is XX/XX/XXXX. I sent in a Debt Validation letter by mail, email, fax, and overnight mail. I am waiting on a response. Below is the letter I sent : From The Desk of XXXX XXXX All Rights Reserved NOTICE : THIS IS A CONTINUED ATTEMPT TO VALIDATE A DEBT ; NOTICE REQUEST FOR FULL DISCLOSURE OF ALL ACTIVITY CONCERNING XXXX XXXX XXXX XXXX AS IT PERTAINS TO PHH MORTGAGE XXXX PHH MORTGAGE REPRESENTATIVE ( XXXX WITH AGENT ID : XXXX ), XXXX XXXX XXXXXXXX XXXX XXXX XXXX AND IT'S AGENTS ; NOTICE CLAIM OF FRAUD Under the Federal Debt Collection Practices Act, 15 USC 1692g Sec 809 ( b ), UCC 9-105 CONTROL of ELECTRONIC CHATTLE PAPER, Pursuant to FEDERAL REGULATION E, I now exercise my legal right to challenge the validity of this debt I stand accused of, as well as, taking SOLE ownership/control of all accounts, Group Policies, account numbers, bonds, their contents and or EQUITABLE EQUITY as it relates to XXXX XXXX XXXX AS IT PERTAINS TO PHH MORTGAGE AND IT'S AGENTS XXXX 

From : in XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Maryland [ XXXX ] Real land, united states of America XXXX XXXX PHH MORTGAGE AND IT'S AGENTS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FLORIDA XXXX XXXX : Loan # XXXX, XXXX, ( XXXX XXXX XXXX, XXXX, MD XXXX ) Date : XX/XX/XXXX RE : Status : OPEN ACCOUNT Date Opened : XXXX by PHH MORTGAGE, PHH MORTGAGE REPRESENTATIVE ( XXXX XXXX XXXX ID XXXX XXXX ), XXXX XXXX, XXXXXXXX XXXX XXXX XXXXXXXX AND IT'S AGENTS as requested here in : DUE : {$130000.00} FINANCE CHARGE : UNKNOWN To PHH MORTGAGE, XXXX XXXX, XXXX XXXX XXXX XXXXXXXX AND IT'S AGENTS and or Whom it may concern and all involved PARTIES, staff ect : This letter is being sent to you in response to an alleged claim of debt with the above No ( s ) as specified, and such recording was viewed by the account administrator XXXX XXXX. Be advised that this is not a refusal to pay, but a notice pursuant to the Fair Debt Collections Practices Act, 15 USC 1692g Sec 809 ( b ) that your claim is disputed and validation is requested. This is a lawful request in accords with the aforementioned and the following : U.C.C. - Article 3 NEGOTIABLE INSTRUMENTS, DISHONOR 3-501. PRESENTMENT.

( a ) " Presentment '' means a demand made by or on behalf of a person entitled to enforce an instrument ( i ) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or ( ii ) to accept a draft made to the drawee.

( b ) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like : ( 1 ) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States ; may be made by any commercially reasonable means, including an oral, written, or electronic communication ; is effective when the demand for payment or acceptance is received by the person to whom presentment is made ; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

( 2 ) Upon demand of the person to whom presentment is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and ( iii ) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

( 3 ) Without dishonoring the instrument, the party to whom presentment is made may ( i ) return the instrument for lack of a necessary endorsement, or ( ii ) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

( 4 ) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.

By refusing to supply, you will be violating the law and my rights under UCC. VALIDATION must be made pursuant to the above named Title and Section ( s ) ( as well as both Federal and Local laws ). I respectfully request that your offices provide me with competent evidence that I have any legal obligation to continue to pay you. 
Please provide me with the following : * What monies DO you claim XXXX XXXX XXXX XXXX OWES and it's COLLATERAL, as well as invoice and accounting for all. 
* Explain and show how you calculated what you say XXXX XXXX XXXX owes ; * Provide us with the original signed instrument that shows XXXX XXXX XXXX agreed to pay what you say is owed ; * Identify the original creditor 's Legal name and process server information ( required under UCC ) ; and the original signed contractual instrument initiating this debt.

* Prove the Statute of Limitations has not expired on this account.

* Prove you are licensed to collect in the State of Maryland.

Provide verification along with your license numbers and Registered-Agent ( XXXX ), and or bond numbers. 

Provide accounting balances positive or negative for all accounts attached to XXXX XXXX XXXX AS IT PERTAINS TO Loan # XXXX PHH MORTGAGE, AND IT'S AGENTS, and pursuant to FEDERAL REGULATION E. 
ALL accounting, sources of, transactions concerning the following files, accounts, and or XXXX Policies identified and or linked to the above stated XXXX XXXX. They being in part : Loan # XXXX for XXXX XXXX XXXX pursuant to FEDERAL REGULATION E.

Proof or a CONTRACT permitting, the non disclosure of any FRN 's, XXXX XXXX, or Acquisition or Abandonment of Secured Property as it pertains to : form 1099a, XXXX XXXX, XXXX XXXX XXXX, XXXX, Loan # XXXX PHH MORTGAGE, XXXX XXXX, AND IT'S AGENTS. 


Proof or ORIGINAL ORIENTATION of FUNDS concerning the all LOANS, and or SERVICES provided to the Legal Fiction, XXXX XXXX XXXX, XXXX, Loan # XXXX PHH MORTGAGE, AND IT'S AGENTS. 
REQUEST FOR ACCOUNTING for ALL XXXX 's, XXXX XXXX, their income/ interest and ALL activity concerning ; Acquisition or Abandonment of Secured Property as it pertains to : form XXXX, THE XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Loan # XXXX PHH MORTGAGE, XXXX AND IT'S AGENTS. 

PROOF or CONTRACT permitting the access of PHH MORTGAGE, XXXX, AND IT'S AGENTS access to ANY BONDS, TRUSTS pertaining to XXXX XXXX XXXX, XXXX, Loan # XXXX PHH MORTGAGE, XXXX AND IT'S AGENTS. 
Pursuant to common law rights, and PUBLIC LAW XXXX XXXX, XXXX, I am removing any consent given for the use of electronic signatures, or any other consent given or sold to the Party for use as listed above. 
House XXXX XXXX XXXX of XX/XX/XXXX On XX/XX/XXXX, Congress passed the House Joint Resolution ( HJR 192 ). HJR 192 was passed to suspend the gold standard and abrogate the gold clause in the national constitution. Since then no one in America has been able to lawfully pay a debt. This resolution declared : " To assure uniform value to the coins and currencies of the Unites States, Whereas the holding of or dealing in gold affect public interest, and are therefore subject to proper regulation and restriction ; and Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency of the United States, or in an amount in money of the United States measured thereby, obstruct the power of the Congress to regulate the value of the money of the United States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal and in the payment of debts, Now, therefore, be it Resolved by the Senate and House of t Representative of the United States of America in Congress assembled, that ( a ) _every provision ( a ) _every_provision contained in or made with respect to any obligation which purports to give the obligee a right to require payments in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy ; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at time of payment is legal tender for public and private debts. Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. ( b ) As used in this resolution, the term 'obligation ' means any obligation ( including every obligation of and to the United States , accepting currency ) payable in money of the United States ; and the term 'coin or currency ' means coin or currency of the United States , including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations. Sec. 2 The last sentence of paragraph ( 1 ) of subsection ( b ) of section 43 of the Act entitled 'An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and of other purposes ;, approved XX/XX/XXXX, is amended to read as follows : " All coins and currencies of the United States ( including Federal Reserve notes and circulating notes of the Federal Reserve banks and XXXXXXXX XXXX XXXX  ) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues, except that gold coins, when below the standard weight and limit of tolerance provided by law for the single piece, shall be legal tender only at valuation in proportion to their actual weight. ' Approved, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) Note : " payment of debt '' is now against Congressional and " public policy '' and henceforth, " Every obligation ... Shall be discharged. As a result of HJR 192, and from that day forward ( XX/XX/XXXX ), no one in this nation has been able to lawfully pay a debt or lawfully own anything. The only thing one can do, is tender in transfer of debts, with the debt being perpetual. The suspension of the gold standard, and prohibition against paying debts, removed the substance for our common law to operate on, and created a void as far as the law is concerned. This substance was replaced with a " PUBLIC NATIONAL CREDIT SYSTEM '' where debt is " LEGAL TENDER '' money .HJR 192 was implemented immediately. The day after President XXXX signed the resolution, the treasury offered the public new government securities, minus the traditional " payable in gold '' clause. 
In effect HJR 192 of 1933 provided that the one with the gold paid the bills. It removed the requirement that US subjects and employees had to pay their debts with gold. It actually prohibited the inclusion of a clause in all subsequent contracts that would require payment in gold. It also retroactively canceled the clause in every US contract written prior to XXXX XX/XX/XXXX, that required an obligation to be paid in gold. It provided that US subjects and employees could use any type of coin and currency to discharge a public debt as long as it was in use in the normal course of business in the US. For a time, US Notes were the currency used to discharge debts, but later the Federal Reserve System and the corporate US provided a new medium of exchange through paper notes, and debt instruments that could be passed on to a debtor 's creditors to discharge the debtor 's debts. That same " currency '' is available to the US and to use to discharge public debts. The owner of a fictional corporate name ( " PERSON '' ), upon learning the law and discovering who s/he is in relation to Corporate US, can file a UCC Financing Statement and Security agreement registering his/her interest in the artificial entity ( " PERSON '' ) the US created after his/her mother applied for a birth certificate. That action of registering the mother 's biological property, her recently birthed baby ( substance ), with relevant State authorities. The US holds the paper title ( form ), not the substance ( baby ) but the act of registration transfers title from the mother to Corporate US and colours its " legal '' right to dictate how that baby may be raised, educated and cared for.

At this time it is necessary to inform you that if your offices have reported invalidated, or information to any of the three ( 3 ) major credit Bureaus ( XXXX, XXXX, or XXXX ), that action would constitute fraud under Federal, UCC and State laws, Due to this fact, if any negative mark is found on any of XXXX XXXX XXXX or XXXX XXXX XXXX XXXX  credit reports by your company, firm and or Secured Party Creditor, AND or the company that you represent, we will not hesitate to aggressively seek compensation, and financial relief for the following breaches : XXXX BANK FRAUD, IDENTITY THEFT, VIOLATION of the FAIR CREDIT REPORTING ACT. 
VIOLATION of the FAIR DEBT COLLECTION PRACTICES ACT If your offices are able to provide the proper documentation ( originals and not unverified reproductions ) as requested in the following Declaration, we will require at least 30 days reviewing the validity of this information and during such time all agreements, accounts, and their assets or equities, are to be suspended or frozen. 
Also during this validation period, if any action is taken which could be considered detrimental to any of XXXX XXXX XXXX, XXXX, or XXXX XXXX, XXXX credit reports, I will institute UCC/ Common Law suit proceedings. This includes and is not limited to, reporting any information that could, now or later, be determined inaccurate or invalided, or verifying the account ( s ) as accurate when in fact there is no proof that it is. 
We would also like to give NOTICE in writing, that no telephone contact be made by your offices to XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX their place ( s ) of employment. If your offices attempt telephone communication with XXXX XXXX including but not limited to, computer generated calls and or calls correspondence sent to or any third parties, it would be considered harassment and we will retaliate within the limits and jurisdiction of UCC procedure. 
XXXX XXXX believes that the relationship with PHH MORTGAGE, XXXX AND IT'S AGENTS, lacks disclosure ( in part ), and permission for the use of XXXX XXXX XXXX, ( also in part ) and seeks to be compensated in full. 
" Allegations in affidavit in support of motion must be considered as true in absence of counter-affidavit. '' XXXX XXXX v XXXX, XXXX XXXX XXXX. XXXX Federal case of XXXXXXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ] CONSENT IN PLACE OF NON RESPONSE Pursuant to the above and perfected supreme court cases cited herein, PHH MORTGAGE, XXXX AND IT'S AGENTS gives consent to Affiants, in the event of non response or rebuttal after a period of 30 days of the following actions with it's unconditional consent as follows : POWER OF ATTORNEY is hereby granted/given to the XXXX XXXX XXXX XXXX after 30 days for the removal of this claim of debt if recorded with any of the major credit reporting agencies. 
POWER OF ATTORNEY is hereby given to remove any liens held by Loan # XXXX PHH MORTGAGE, AND IT'S AGENTS and the YOUR COUNTY 'S COUNTY CLERK in land records, in the event that validation of your claim is not met within 30 days, pursuant to commercial law. 

Truth is sovereign ; and an un-rebutted affidavit stands as TRUTH, and can not be set aside or overruled by the statutes of any government, courts, judges or law enforcement agencies, which are under an inherent obligation to uphold said commercial law. 
FURTHER AFFIANT SAYETH NOT Affiant 's Right thumbprint XXXX XXXX in XXXX XXXX, XX/XX/XXXX XXXX XXXX, with signature XXXX XXXX, XXXX,. 

State of MD. 
) ) ss XXXX XXXX of XXXX XXXX 's Subscribed and sworn before this agent, XXXX XXXX XXXX a notary public in and for the county of XXXX XXXX XXXX XXXX Maryland XXXX this XXXX Day of XXXX, XXXX XXXX, and XXXX. 
By & XXXX XXXX who proved to this agent on the basis of satisfactory evidence that XXXX XXXX executes the within document, and swears, states and declares that XXXX XXXX autographs said within this document in his capacity of being the living principals, and the authorized representatives for the registered trade-names/trademarks for XXXX XXXX XXXX. 


Notary Signature XX/XX/XXXX Date HONARY XXXX XXXX XXXX! 
NOTARY PUBLIC XXXX XXXX XXXX XXXX MARYLAND XXXX XXXX EXPIRES XX/XX/XXXXXXXX XXXX

Company response to consumer: Closed with explanation