Consumer complaint received 2025-12-31 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: HI

Complaint narrative:
THIS IS NEW/ NOT A DUPLICATE. This submission is an additional complaint based on newly discovered evidence obtained in XXXX and is not a duplicate of my prior CFPB complaints. 
This complaint is based on new evidence obtained in XXXX that was not available during my prior CFPB submissions : the XXXX XXXX notary stated in writing that the notary journal entry for the XX/XX/XXXX notarization was destroyed/shredded in XXXX and can not be produced. Although the foreclosure complaint was filed in XXXX, the plaintiffs servicing agent, XXXX XXXX, verified the filing while simultaneously stating that for documents signed or notarized by a party other than XXXX, the verifier is unable to confirm or deny whether those documents were properly reviewed/notarized by any third party. 
This creates an integrity concern because a third-party notarized Assignment was nonetheless attached and relied upon as Exhibit C, yet the primary contemporaneous verification record ( the journal entry ) is now unavailable. 
At minimum, this sequence raises questions about what due diligence was performed before relying on a third-party notarized instrument in a verified filing affecting real property rights. I am not asking CFPB to investigate a criminal matter ; I am requesting a specific, accountable response identifying the responsible party and confirming record preservation and the existence ( or nonexistence ) of any supporting records beyond the face of the document. 
1 ) Background ( court-filed document and verification ) In the XXXX foreclosure case XXXX, the complaint states that a true and correct copy of the Assignment is attached as Exhibit C. 
The Verification of Complaint for Foreclosure was executed by the Plaintiffs servicing agent XXXX XXXX XXXX, " XXXX XXXX ''. 
The verifier states she reviewed the Verified Complaint including the attached exhibits and confirmed factual accuracy, but also states : With respect to documents signed or notarized by a party other than XXXX, I am unable to confirm or deny that the underlying documents filed with the court have been properly reviewed or notarized by any third party. 

2 ) New evidence discovered in XXXX ( notary journal unavailable ) Exhibit C contains a XXXX  notarial acknowledgment stating XXXX XXXX, notarized by XXXX XXXX, with commission information and the notarial certificate ( commission expires XX/XX/XXXX ). 
In XXXX, I requested a photocopy of the notary journal entry for the XX/XX/XXXX notarization. The notary responded in writing that the journal containing that entry was accidentally destroyed in XXXX and she is unable to provide the requested journal entry. 
Because the primary contemporaneous verification record ( the journal entry ) is now destroyed ( Due to Notary 's admission but no report of destruction to Secretary Of State ) /unavailable, the personal-appearance/journal verification for this third-party notarization can not be independently verified, and even the verifier in the foreclosure filing expressly disclaims confirming third-party notarization compliance. 

3 ) Law-enforcement report ( for record preservation ) On XX/XX/XXXX, I submitted a written report to the XXXX XXXX XXXX XXXX XXXX XXXX XXXX  to preserve a record of this documentation-integrity concern. I am not asking CFPB to investigate a criminal matter ; I am documenting this issue because it affects the integrity and verifiability of a key instrument used in servicing/foreclosure communications and verified filings. 

4 ) Prior CFPB pattern : responses that close the case without resolving accountability In prior CFPB cases, XXXX Mellon has responded but the matter is then closed with explanation ( feedback requested ), without resolving who has authority and responsibility. 
XXXX Mellons responses repeatedly state it does not service or have the authority to service the Loan, and identifies XXXX  XXXX XXXX as Master Servicer, directing me elsewhere. 
Requested Response : please answer each item specifically Record Preservation ( Exhibit C ) : Given that the notary journal entry has not been reported but the Notary admits that the journal has been destroyed/unavailable, please confirm in writing that all records relating to Exhibit C on Complaint - including images, metadata, transmittal history, custodial logs, and any communications about preparation/notarization - are preserved. 
Identify the Responsible Party / Authority : If XXXX Mellon maintains it does not service or have authority to service this loan, identify ( name, address, role ) the specific servicer/authorized agent or department with authority to respond to documentation-integrity issues and to certify record preservation for this loan. 
Specific Evidence Inquiry ( beyond the face of Exhibit C ) : State whether any records exist that support the XX/XX/XXXX notarization other than the face of the document ( e.g., collateral file custody logs, boarding/collateral intake logs, document transmittal history ). If yes, describe/produce them. 
No generic restatement : Please provide a complete, specific response to the numbered items above rather than a generic restatement of prior CFPB responses. 

Attachments A1 : Complaint excerpt stating Assignment attached as Exhibit C A2 : Exhibit C notary block page ( XXXX XXXX / XXXX XXXX / commission info ) A3 : XXXX XXXX written response : journal destroyed in XXXX ; can not provide entry of the journal. 
A4 : Verification paragraph disclaiming ability to confirm third-party notarization

Company response to consumer: Closed with explanation