Consumer complaint received 2025-03-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: Experian Information Solutions Inc.
State: NY

Complaint narrative:
This is a formal complaint against XXXX XXXX XXXX XXXX XXXX XXXX, as indentured trustee and transfer agent for XXXX XXXX XXXX Trust Pool XXXX, regarding its refusal to confirm ownership, custody, or enforcement rights related to the mortgage note originally issued by XXXX XXXX XXXX XXXX, and now falsely claimed by XXXX XXXX XXXX XXXX XXXX XXXX. 

Verified Facts and Legal Foundation : A FOIA request to the SEC confirmed that the mortgage note in question was converted into a security, and pooled into XXXX XXXX XXXX XXXX  XXXX, with XXXX XXXX as Paying and Transfer Agent, and the Federal Reserve XXXX XXXX XXXX XXXX  as Depository. 

Under federal securities law, once a note is converted into a mortgage-backed security ( MBS ), it can no longer be enforced as a negotiable instrument. 

A financial instrument can not simultaneously exist as both a note and a security. Upon securitization, the underlying promissory note is extinguished for enforcement purposes and becomes part of the trust corpus, governed by securities law not UCC Article XXXX. 

MERS has confirmed that no assignment of mortgage was ever recorded to XXXX. 

XXXX has confirmed in multiple recorded calls and documents that : No assignment to XXXX XXXX or XXXX exists, No Satisfaction of Mortgage has been issued, They are not the current owner or servicer. 

Despite this, XXXX XXXX continues to claim default, report to credit bureaus, and demand payments without legal authority or recorded assignment. 

XXXX XXXX responded to a prior CFPB complaint ( XXXX XXXX. XXXX ), stating : XXXX is not in a position to assist the XXXX and defers to the servicer. 

Legal Violations : Failure to comply with 15 U.S.C. 1641 ( f ) ( 2 ) Refusal to disclose the name of the owner of the obligation ; Fraudulent concealment of trust status while asserting third-party servicer enforcement rights ; Violation of NYS RPL 291 & 321 No assignment of mortgage was recorded in the County Clerks office ( Orleans County ) , which is a prerequisite to lawful enforcement ; Unfair and deceptive servicing practices under 15 U.S.C. 1692e and FTC UDAP guidelines ; Obstruction of federal securities disclosure obligations, where XXXX XXXX appears on trust documentation as trustee but refuses to verify role. 

Complaint Summary : XXXX XXXX is the legally named trustee and transfer agent for XXXX XXXX XXXX Pool XXXX, yet refuses to confirm or deny control or enforcement rights. This silence has enabled a third-party servicer ( XXXX XXXX ) to falsely assert default and claim ownership of a note that : Has already been securitized, Can no longer exist as a negotiable instrument, and Has no valid or recorded assignment to the servicer in question. 

XXXX XXXX XXXX XXXX XXXXXXXX XXXX has falsely claimed XXXX be the beneficiary of my mortgage. However, no assignment of mortgage to XXXX has been recorded in Orleans County as required by XXXX XXXX XXXX. Furthermore, SEC records confirm the mortgage note was securitized into XXXX XXXX XXXX Trust XXXX, with XXXX XXXX XXXX XXXX  XXXX as Paying Agent. XXXX XXXX own XXXX filings admit it does not own mortgages or hold MSRs in subservicing relationships. Therefore, its claim to be the beneficiary is false, deceptive, and constitutes fraud upon the borrower and the court.

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