Consumer complaint received 2025-05-21 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Ocwen Financial Corporation
State: CA

Complaint narrative:
PHH MORTGAGE ( PHH ) and XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR XXXX XXXX XXXX  LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX ( XXXX XXXX ) CAN NOT ESTABLISHED IT HAD THE RIGHT TO FORECLOSE, CONVEY TO ITSELF THE ASSIGNMENTS OF DEED OF TRUST, OR THE FORECLOSURE PROCEEDING. 
Foreclosure sale is scheduled on XX/XX/XXXX. I submitted a loan modification application to PHH Mortgage Services on XX/XX/XXXX. If a loan modification application is submitted more than 37 days before the foreclosure sale, the servicer can not proceed with the foreclosure sale. On or about XX/XX/XXXX, I received a letter from PHH Mortgage Services ( Letter dated : XX/XX/XXXX ). PHH stated The request for Mortgage Assistance was received. On XX/XX/XXXX, I sent a Notice of Error ( NOE ) to XXXX Mortgage. See Attached 'XXXX  XX/XX/XXXX '. On XX/XX/XXXX, I sent Letters ( Qualified Written Request & Debt Validation Letter ) to PHH Mortgage. See Attached 'XXXX XXXX XXXXXXXX XXXX '. PHH has not responded to a Notice of Error and Information Request/Qualified Written Request & Debt Validation Letter that I sent. My mortgage account originated with XXXX XXXX on XX/XX/XXXX. The Deed of Trust for the Property ( XXXX XXXX XXXX, XXXX, CA XXXX ) recorded on XX/XX/XXXX. It listed the borrower as " XXXX XXXX XXXX '' listed the Lender as " XXXX XXXX '' listed the Trustee as " XXXX XXXX XXXX California XXXX XXXX '' and listed " MERS '' as the beneficiary under this Security Instrument and listed " MERS '' as both a " corporation acting solely as a nominee for Lender and Lender 's successors and assigns '' while concurrently stating " MERS is the beneficiary under this Security Instrument. '' XXXX, XXXX XXXX XXXX ( XXXX. XXXX ) ( The XXXX XXXX writing that XXXX  had no property rights and " XXXX  is not the beneficiary, even though it is so designated in the deed of trust. " ) ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX did not demonstrate, in fact, did not attempt to demonstrate, that it possessed any tangible interest in the mortgage beyond a nominal designation. ) ; XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  XXXX, at XXXX ( XX/XX/XXXX ). ( XXXX  is not a mortgagee because it has no enforceable right in the debt obligation securing the mortgage. ) XXXX purports to be acting as a nomineea form of an agent. On the other hand, it also is claiming to be an actual mortgagee, which is to say an owner of the real property right to foreclose upon the security interest. It is axiomatic that a company can not be both an agent and a principal with respect to the same right. In litigation all across the country, attorneys representing MERS frequently take inconsistent positions on the legal status of the company, depending on the legal issue at hand. XXXX Faces : Demystifying Mortgage Electronic Registration System 's Land Title Theory, ( XX/XX/XXXX ) XXXX  XXXX Working Draft - Forthcoming Real Property, Trusts and XXXX XXXX XXXX ( XXXX. XXXX citing XXXX ( XXXX ) of XXXX XXXX XXXX, XXXX ). 
There is no known statute that XXXX XXXX has presented or relied upon, or that XXXX XXXX can locate that allows MERS, or any financial institution, to use the name of a shell company, nominee, or some other form of agency instead of the actual owner of the interest in land. More importantly, there is no statute or rule authorizing the same in the context of bankruptcy allowing a nominee to become the real party in interest. 
In XXXX, if XXXX  is an actual mortgagee, it XXXX have authority to record mortgages in its own name, then both XXXX, and financial institutions investing in XXXX  recorded mortgages run afoul of XXXX XXXX XXXXXXXX that holds that the note and mortgage are inseparable. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ; XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX ) ; In re Leisure Time Sports, XXXX XXXX B.R. XXXX, XXXX ( XXXX Cir. XXXX ). I allege the first Assignment of Deed of Trust ( XXXX ) is void because MERS did not have authority to execute this assignment ( XXXX ). In XXXX, Mortgage XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX acting solely as nominee for XXXX XXXX executed XXXX XXXX Deed of Trust to XXXX Bank, XXXX. In the summer of XXXX, the XXXX XXXX XXXX XXXX XXXX XXXX XXXX and transferred substantially all of XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. In the spring of XXXX, the XXXX XXXX XXXX XXXX ( FDIC ) placed XXXX XXXX in receivership, selling substantially all of its assets to XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) and the FDIC was named Conservator on their website at : https : //www.fdic.gov/resources/resolutions/bank-failures/failed-bank-list/indymac.html In XXXX, XXXX failed and the XXXX XXXX XXXX XXXX XXXX FDIC ) XXXX appointed receiver of its assets and obligations. XXXX later ceased doing business and FDIC took it into receivership. On XX/XX/XXXX, the FDIC completed a sale of XXXX to XXXX Bank ( the transfer ). In XXXX, FDIC sold the assets of XXXX to XXXX Bank, XXXX. As of that XX/XX/XXXX date, OneWest assumed the operations of XXXX, including servicing rights concerning XXXX XXXX loan, with the result that the FDIC ceased to act as IndyMacs receiver and lost its authority to act on XXXX behalf. On XX/XX/XXXX, there was an Assignment of Deed of Trust recorded at the XXXX XXXX XXXX XXXX on my propertys title. XXXX XXXX XXXX of Attorney-in-fact of XXXX XXXX XXXX  XXXX signed Assignment XXXX Deed of Trust to XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX UNDER THE POOLING AND SERVICING AGREEMENT DATED XX/XX/XXXX ( XXXX POOLING ). This Assignment ( XX/XX/XXXX ) was executed and recorded After the FDIC XXXX. 
On XX/XX/XXXX, a Corporate Assignment of Deed of Trust was recorded at the XXXX XXXX XXXX XXXX on my propertys title. This Assignment was from XXXX XXXX XXXX XXXX as Receiver for XXXX XXXX Bank XXXX. to XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE OF THE XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX ( XXXX XXXX ). Theres a break in the XXXX of XXXX. XXXX XXXX XXXX Deed of Trust is void because MERS do not have authority to execute the assignment ( XXXX ). Second and third assignment of deed of trust are void because first assignment was void. Assignee names in second assignment & third assignment are different ( Different Wording ). Please review XXXX XXXX XXXX Deed of Trust ( Assignments ). 
( XXXX ) Document Name : ASSIGNMENT OF DEED OF TRUST. From ( Assignor ) : MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, XXXX AS NOMINEE FOR XXXX XXXX XXXX To ( Assignee ) : XXXX XXXX BANK XXXX. Document Date : XX/XX/XXXX. XXXX Date : XX/XX/XXXX. Instrument # : XXXX ( XXXX ) Document Name : ASSIGNMENT OF DEED OF TRUST. From ( Assignor ) : XXXX XXXX BANK XXXX To ( Assignee ) : XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE OF THE XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX UNDER THE POOLING AND SERVICING AGREEMENT DATED XX/XX/XXXX. Document Date : XX/XX/XXXX. XXXX Date : XX/XX/XXXX. Instrument # : XXXX ( XXXX ) Document Name : CORPORATE OF ASSIGNMENT OF DEED OF TRUST. From ( Assignor ) : XXXX XXXX XXXX XXXX AS RECEIVER FOR XXXX XXXX BANK XXXX. To ( Assignee ) : XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR XXXX XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX Document Date : XX/XX/XXXX. XXXX Date : XX/XX/XXXX. Instrument # : XXXX These Assignments executed in the following months and year, the FDIC could not have legally executed these documents as XXXX failed as an institution on XX/XX/XXXX, and sold to XXXX Bank on XX/XX/XXXX. Neither XXXX of these Assignments on my title appears to be valid nor are the dates executed valid. It appears that some entity falsely used the FDIC to fabricate the appearance that the FDIC executed these documents. In XX/XX/XXXX, XXXX Bank was a defunct or dead entity. XXXX Bank XXXX was defunct on the date of assignment, an individual ( XXXX XXXX ) authorized to sign the assignment on behalf of a successor or assign of XXXX Bank XXXX XXXX not execute an assignment. XXXX Bank was " dead '' or defunct on the date of the assignment, noting that the public records reflected XXXX Bank was in receivership and/or conservatorship at that time. In XXXX, the FDIC as receiver for XXXX despite the transfer of XXXX to XXXX XXXX years earlier purported to assign XXXX XXXX trust deed and note to a mortgage-backed security ( the assignment ). Executed under the signature of XXXX XXXX, Attorney in XXXX, the assignment was made by the FDIC to XXXX XXXX. ( recorded by XXXX XXXX XXXX, LLC ) In fact, XXXX XXXX was employee of XXXX Bank. Theres affidavit of XXXX XXXX indicated XXXX XXXX was a XXXX of XXXX Bank. The assignment ( XXXX ) was executed by an unauthorized employee of FDIC or unauthorized attorney-in-fact of FDIC. In XXXX, FDIC was not a representative of the legal mortgage holder at the time of its assignment to XXXX XXXX. There is no " public record '' of XXXX of Attorney recorded in XXXX XXXX recorder. XXXX XXXX had no legal authority to act on behalf of the FDIC as XXXX for XXXX. On XX/XX/XXXX, XXXX Bank XXXX ( XXXX ) acquired XXXX, including all of its assets, from the XXXX XXXX XXXX XXXX ( FDIC ). In XXXX, FDIC did not have authority to assign the note and DOT on behalf of XXXX XXXX Bank, XXXX. The assignment of XXXX XXXX XXXX deed to the XXXX XXXX was void ab XXXX for these reasons : ( XXXX ) the purported assignment occurred in XXXX, many years after the XXXX securitized trusts XXXX closing date ( the date by which all loans and mortgages or deeds of trust had to be transferred to the investment pool ) ; ( XXXX ) The FDIC, having already transferred all of XXXX assets to XXXX in XX/XX/XXXX, no longer had authority to execute the assignment to the movant in XXXX. The FDIC did not have XXXX XXXX note to assign in XXXX to the XXXX securitized trust, having already transferred all of XXXX to XXXX West in XX/XX/XXXX and ( XXXX ) the signature on the assignment was a forgery and XXXX XXXX was not an employee or agent of the FDIC in XX/XX/XXXX. XXXX XXXX had no authority to act on the FDICs behalf in XX/XX/XXXX. There is no agency agreement between XXXX XXXX and FDIC ; there is no agency agreement between XXXX XXXX and XXXX XXXX ; the note was never assigned or delivered to XXXX XXXX and XXXX XXXX was never in possession of the note ; XXXX XXXX did not acquire the rights of XXXX, FDIC, XXXX XXXX or XXXX, including through subrogation ; XXXX XXXX is not a successor to XXXX, FDIC, XXXX XXXX or XXXX. These facts demonstrate that XXXX XXXX was never assigned the note or DOT and therefore XXXX XXXX was not entitled to enforce the note and DOT. 
For these XXXX reasons, the assignment was a nullity and so the XXXX securitized trust was not the true owner or holder of the note and trust deed, was not owed any money under his loan documents, and thus had no power to authorize initiation of the foreclosure sale. Because the assignment was XXXX XXXX XXXX, XXXX Bank, as trustee of the XXXX securitized trust, had no authority to execute the substitution of XXXX XXXX XXXX as trustee under XXXX XXXX XXXX deed, or to authorize initiation of the foreclosure sale. The Substitution of Trustee appears dated on XX/XX/XXXX, and notarized XX/XX/XXXX. Interestingly, the XXXX XXXX XXXX is signed XXXX XXXX XXXX XXXX XXXX AS TRUSTEE FOR XXXX XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX, by its Servicer XXXX Loan Servicing, XXXX signed XXXX XXXX XXXX XXXX XXXX Management Coordinator There XXXX XXXX XXXX XXXX whatsoever by and between the original lender, XXXX XXXX to XXXX XXXX XXXX XXXX XXXX AS XXXX FOR XXXX XXXX MORTGAGE LOAN TRUST XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX when the XXXX NOD was recorded and XXXX Substitution of Trustee was recorded. Substitution of Trustee ( XXXX ), Notice of Default ( XXXX ) were void because a XXXX XXXX XXXX Mortgage XXXX XXXX XXXX not XXXX XXXX Substitution of Trustee, XXXX Notice of Default ( NOD ). 
On or about XX/XX/XXXX, I ( Borrower ) sent a letter ( Request for Information/Notice of Error ) to XXXX Mortgage XXXX XXXX which is the successor by merger to XXXX Loan XXXX XXXX On XX/XX/XXXX, XXXX Mortgage sent borrower ( XXXX XXXX ) an email a response letter for the account ending in XXXX. In XXXX response letter, XXXX included a copy of Chain of Title Binder ( Report Prepared by National Title Clearing, LLC ). Chain of Title Report indicated Note Holder : Note Missing ( The property : XXXX XXXX XXXX, XXXX, CA XXXX ). This means XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR XXXX XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX is missing the original promissory note ( The note is lost. XXXX XXXX is not in possession of the Original Note ). Please find attached. DEUTSCHE XXXX has never paid for the debt and is not entitled to enforce the underlying note. DEUTSCHE XXXX is not the holder of the note and lacks authority to enforce the notes. DEUTSCHE XXXX is not the true beneficiary under the deed of trust and they recorded false instruments that created a fraudulent, baseless interest in the property. DEUTSCHE XXXX had No legal right to enforce the subject Note and Mortgage, thereby proving it was a real creditor of the XXXX XXXX with a security interest in the real property. To do so, you would have had to prove it held both the Mortgage and the Note. The lender, mortgage servicers, trustee did not follow the correct legal steps in the foreclosure process. Notice of Default ( XXXX ), Substitution of Trustee ( XXXX ), the Notice XXXX XXXX XXXX and the Assignments of Deed of Trust mentioned herein are VOID tainted by fraud. XXXX Mortgage, XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX violated various state and federal laws in initiating a non-judicial foreclosure of subject property. XXXX Mortgage and XXXX XXXX XXXX XXXX participated and conspired with XXXX, in the FRAUDULENT TRANSFER of the Subject Property. Upon reviewing of all of the Recorded Deeds which the movant submitted to the court, the Chain of Title clearly reflects that XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR XXXX XXXX MORTGAGE LOAN TRUST XXXX, MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX was never granted title by A VALID XXXX. DEUTSCHE XXXX was not in possession of the note and mortgage at the time it filed NOD ( XXXX ). The foreclosure proceedings were void because it was authorized by, and effectuated by, entities that were not authorized to do so. XXXX requesting that you fix the error as required by law including fixing the error in the time period required by law. XXXX XXXX has failed to provide any evidence that it currently holds XXXX XXXX XXXX XXXX any evidence of its own authority. DEUTSCHE XXXX is therefore, not a creditor nor a real party in interest and has no standing to file the XXXX Notice of Default. In order for a mortgage, deed of trust or promissory note to be valid, it must have what is known as perfection of the chain of title. In other words, there must be a clear, unambiguous record of ownership from the time borrower signed the papers at closing, to the present moment. Any lapse in the chain of title causes a defect in the instrument, making it invalid. My note has been securitized, it now belongs to someone other than the holder of my mortgage. This since the relationship between the deed and the note has become defective, it renders the deed of trust unenforceable. XXXX can not prove that XXXX XXXX owns both the Mortgage Note and the Promissory Note ( meaning : prove a valid chain of title ) PHH or DEUTSCHE XXXX must provide a written beneficiary statement setting forth all those matters required by Section XXXX of the California XXXX XXXX concerning the above promissory note before foreclosure proceeding is initiated. My note has been securitized, it now belongs to someone other than the holder of my mortgage. This since the relationship between the deed and the note has become defective, it renders the deed of trust unenforceable. XXXX XXXX alleges none of these alleged beneficiaries ( Assignees of Deed of Trust ) or representatives of the XXXX have the original note to prove that they are in fact the party authorized to conduct the foreclosure. Signers on assignments, Substitute of Trustee, NOD should not have had authority to execute assignments Substitute of Trustee, and NOD. XXXX XXXX was not lawfully appointed as trustee by XXXX XXXX. XXXX XXXX alleges that XXXX and XXXX XXXX are engaged in and continue to engage in violations of California law. XXXX and XXXX XXXX knowingly and willfully conspired, engaged in a common enterprise, and engaged in a common course of conduct to accomplish the wrongs complained of herein. The purpose and effect of the conspiracy, common enterprise, and common course of conduct complained of was, inter alia, to financially benefit them at the expense of borrower by engaging in fraudulent activities. XXXX and XXXX XXXX accomplished their conspiracy, common enterprise, and common course of conduct by misrepresenting and concealing material information regarding the servicing of loans, and by taking steps and making statements in furtherance of their wrongdoing as specified herein. None of the entities identified in the Notice of Default or Notice of Trustees Sale have the right to direct the foreclosure trustee to foreclose under the deed of trust, and the trustee has no authority because it was improperly appointed. 
XXXX Foreclosure Sale Date is scheduled on XX/XX/XXXX. XXXX Mortgage must cancel the foreclosure sale.

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 explanation