| 01/02/2019 |
Yes |
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Web |
Servicemember |
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STATE OF FLORIDA REQUIRED DEMAND LETTER XXXX COPY SENT CERTIFIED MAIL TO ~ CREEDENCE FUNDING CORPORATION XXXX XXXX RE : XXXX XXXX Loan Number : XXXX ( SOLD TO XXXX ) Property address : XXXX XXXX XXXX XXXX, FL XXXX Dear : Pertaining to the above referenced, this letter serves as my final attempt to resolve this matter in amicable manner. As you are aware its become common place that mortgages are frequently sold and transferred to other financial institutions without proper documentation. As in this case and this is a lack of standing on your part.
You are also aware that its your responsibility to provide an accurate and properly documented loan originiation, escrow and escrow estimate, which again was not done. Under Florida Statute 559.715, banks are required to provide written notice to the homeowner each time the mortgage has transferred, and a fully signed ABA ( Afiiliated Business Agreement ) needs to be included also. Again, you did not fulfill this requirement, which is clearly a violation of the Florida Consumer Collection Practices Act.
I can also prove that you failed to properly apply the payments and changes to the above referenced mortgage loan in compliance with federal law 12 U.S.C. 2605. In that repugnancy has occurred due to your inconsistency, I request that you immediately remove any/all liens on the above referenced property, send a signed deed to XXXX XXXX XXXX, XXXX FL, proivide a clear and unencumbered title.
If this is not remedied within the next ten ( 10 ) business days I will take any/all legal remedies available to me.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Sincerely, XXXX XXXX, as POA for * XXXX RE/Enclosures cc : XXXX XXXX, XXXX ( Attorney General ), with enclosures MORE RECENT PRECEDENTS - XX/XX/XXXX XXXX FAILURE TO PRODUCE REQUESTED PAPERWORK ~ The judge became angry and said that the bank lawyers insulting behavior had repeatedly violated court rules. She went on to say that she would report him to the Florida Bar. Even as the lenders demand prompt payments on predatory loans, they have clearly failed to maintain their own records. The outcome of this case reveals that homeowners can defeat illegal and unreasonable foreclosure actions in court. Recent rulings in Missouri, Massachusetts and New York have also struck down banks efforts to legitimize missing or fabricated documents.
XX/XX/XXXX XXXX MISREPRESENTATION ~ XXXX and XXXX XXXX XXXX received a foreclosure notice in XXXX from XXXX XXXX ( XXXX ). There was one problem : Theyd never done business with XXXX XXXX or their assigned mortgage servicer, XXXX XXXX XXXX. A district court jury agreed. The jury found that XXXX XXXX violated a law prohibiting fraudulent real estate filings. Judgment was {$5.00} XXXX in favor of the XXXX. The lawyers representing the XXXX successfully argued that the couple had been harmed by the turmoil surrounding their loan and the confusion over which entity owned their property.
XX/XX/XXXX ~ FALSE CLAIMS CASE DISMISSED, WITH LEAVE TO AMEND. XXXX XXXX DECLINED TO AMEND. CASE DISMISSED.
Even where there is a clerks default The burden is on the plaintiff to establish its entitlement to recovery. XXXX XXXX, XXXX XXXX XXXX. XXXX at XXXX.
Here is an example of how lawyers purport to represent XXXX XXXX when in fact they are creating the illusion that they represent a trust and in reality they are representing a subservicer who is receiving orders from a master servicer of a nonexistent trust. As Trustee of the nonexistent trust XXXX had no active role in the nonexistent trust. As the inactive Trustee for a nonexistent Trust, no right, title or interest in the debts of homeowners were within any scope of authority of any servicer, subservicer or master servicer. Each foreclosure is a farce based upon assumptions and presumptions that are exactly opposite to the truth.
Given the opportunity to amend the complaint, lawyers for XXXX chose not to amend because they could not plead nor prove the required elements of an active trustee. Because of that XXXX lacked standing to bring the action except as agent for an active trust or on behalf of the trust beneficiaries. But where the certificates show that the certificate holders do NOT have any interest in a mortgage or note ( true in about 70 % of all cases ), then they too lack of standing. And if the Trust is not an active Trust owning the debt, note or mortgage then it too lacks standing.
XX/XX/XXXX ~ FALSE CLAIMS There is no trust without a COMPLETE trust instrument, a trustor, beneficiaries and PROPERTY that is entrusted to the trustee thus forming the physical existence of the trust as opposed to the hypothetical existence of a trust that exists only on paper.
XX/XX/XXXX ~ INCOMPLETE / FALSE LOAN PAPERWORK ~ The Justice Department announced XXXX XXXX agreed to pay a {$2.00} XXXX fine for issuing mortgage loans it knew contained incorrect income information.
SEVERAL TRUTH IN LENDING ACT VIOLATIONS Subpart D Miscellaneous Civil Liability TILA Sections 129B, 129C, 130 and 131 If a creditor fails to comply with any requirements of the TILA, other than with the advertising provisions of chapter 3, it may be held liable to the consumer for : Actual damage, and Cost of any successful legal action together with reasonable attorneys fees. The creditor also may be held liable for any of the following : In an individual action, twice the amount of the finance charge involved.
IN ADDITION ... THE FOLLOWING TILA VIOLATIONS INVOKE RESCISSION RIGHTS ~ The disclosed finance charge is considered accurate if it does not vary from the actual finance charge by more than {$35.00} ... THIS ONE VARIED BY 10 'S OF THOUSANDS OF DOLLARS The issuer is prohibited from imposing additional fees on the account ; Residential mortgage transactions have special timing requirements that include providing disclosures to consumers no later than the third business day after receipt of the consumers application. Creditors are also required to provide consumers with updated disclosures three days prior to consummation of the mortgage transaction if certain terms of the mortgage change.
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| 02/26/2019 |
Yes |
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Web |
Servicemember |
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***CONSPIRACY TO DEFRAUD U.S. GOVERNMENT/CONSUMERS ... XXXX XXXXCREDENCE FUNDING*** ***A NOTE FOR THE CFPB PLEASE SEE EXHIBIT X IN THIS FILING XXXX XXXX HAS REPEATEDLY XXXX TO YOU ABOUT BEING AN UNAUTHORIZED 3RD PARTY*** CASE SUMMARY IN XX/XX/XXXX XXXX AND XXXX XXXX WERE VICTIMS OF A CONSPIRACY TO COMMIT PREDATORY LENDING AND NUMEROUS INTENTIONAL ACTS TO DEFRAUD SENIOR CITIZENS IN FLORIDA. THIS WAS NO ACCIDENT. IT WAS SYSTEMIC, DOCUMENTED AND PROVEN AS YOU WILL SEE. ***WE BEGIN WITH THE LOAN ORIGINATION FRAUD, WE HAVE LOAN FRAUD ON ALL DOCS AND ALL DISCLOSURES IN VIOLATION OF FLORIDA CONSUMER LAW. THE ENTIRE SALES PITCH IS MAIL FRAUD ( EXHIBIT K ) AND THE ENTIRE TRANSACTION VIOLATES THE TRUTH IN LENDING ACT, IF A LOAN IS NOT PROPERLY DISCLOSED ( SEE EXHIBIT C, D, G, I ), IT MUST BE CORRECTED WITHIN 30 DAYS AND SIGNED BY ALL PARTIES. THIS WAS NEVER DONE ... XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, AND XXXX XXXX ALL CONFIRMED THE FRAUD BUT REFUSED TO COMPLY WITH STATE AND FEDERAL LAWS. *** IF ANY OF THIS WAS AN ACCIDENT IT WOULD HAVE BEEN CORRECTED AND APOLOGIES WOULD HAVE BEEN OFFERED IN ADDITION TO A CANCELLED LOAN AND A FREE AND CLEAR TITLE ... JUST THE OPPOSITE HAPPENED. THE PAYMENT FOR THIS ELDERLY COUPLE DOUBLED SEVERAL TIMES AS A DIRECT RESULT OF LOAN FRAUD. THEY STOLE {$1500.00} FROM THE ESCROW ACCOUNT WITHOUT AUTHORIZATION ( SEE EXHIBIT D ), THEY ALSO PRETENDED TO CORRECT THE LOAN BUT FORECLOSED ON THE ELDERLY COUPLE. THEY ARE STILL TRYING TO COLLECT ATTORNEY AND SERVICE FEES FOR THE FORECLOSURE BUT THEY COMMIT MAIL FRAUD ONCE AGAIN BY LISTING THEM AS LATE FEES BILLED ON ONE DAY BUT THEY ARE CLEARLY LABELED " LEGAL FEES '' UNDER LENDER PAID EXPENSES ON THE SAME STATEMENT ( EXHIBIT V ) TO COLLECT THESE ILLEGAL FEES THEY USED WIRE FRAUD AND COLLECTED PRINCIPAL WITHOUT PROPER CREDIT 3 DIFFERENT TIMES. THIS ELDERLY COUPLE MADE 3 HOUSE PAYMENTS AT ONCE, CONFIRMED ON THE PHONE WITH XXXX XXXX AT CORPORATE OFFICE ... AND THEY WERE STOLEN 3 DIFFERENT TIMES. REQUESTS FOR COPIES OF THE PHONE CALLS WERE DENIED, THEY SAID WE HAD TO SUBPEONA THEM, BUT WE STILL HAVE WRITTEN PROOF SEE EXHIBIT P. CREDENCE FUNDING CORPORATION CLAIMS TO HAVE DONE THE LOAN CORRECTLY BUT THEIR DOCUMENTS ALSO SHOW THE MISSING INSURANCE AT LOAN DISCLOSURE ( SEE EXHIBIT J ). WIND INSURANCE WAS LEFT OFF THE LOAN BUT THEY CLEARLY HAVE A COPY, SEE EXHIBIT W ... THE SENIOR CITIZENS PAID CREDENCE FUNDING AND XXXX XXXX THOUSANDS OF DOLLARS TO GET RIPPED OFF BY THIS GROUP COLLECTIVELY. THEY FINISH THE SCAM BY COLLECTING THE PRIMARY MORTGAGE INSURANCE AND SELLING THE HOME THEY ILLEGALLY FORECLOSED ON. XXXX 'S XXXX XXXX IS CURRENTLY ENGAGED IN WIRE FRAUD FOR XXXX XXXX. HE IS A XXXX EMPLOYEE CLAIMING TO BE A VICE PRESIDENT WITH XXXX. XXXX HAS AN F RATING WITH THE XXXX XXXX XXXX AND OVER 20,000 CFPB COMPLAINTS. ATTACHMENTS ... EXHIBITS ARE IN PDF FORM AND LISTED BY NAME ... EXHIBIT/PDF A/B ... ILLEGAL FORECLOSURE ... EXHIBIT C, TURTH IN LENDING ACT VIOLATION ... EXHIBIT D,,, XXXX CONFIRMING ALL ILLEGAL ACTS BUT REFUSING TO COMPLY WITH VICTIM 'S RIGHT TO IMMEDIATE LOAN CANCELLATION, SIGNED BY XXXX XXXX ... EXHIBIT ... VIOLATION OF CONSURE LAW/TRUTH IN LENDING ACT ... EXHIBIT F, VICTIMS ... EXHIBIT G, TRUTH IN LENDING ACT VIOLATION.. EXHIBIT H, CONTACT INFO FOR UNRESPONSIVE TITLE CO ... EXHIBIT I, TRUTH IN LENDING ACT VIOLATION ... EXHIBIT J, CREDENCE FUNDING GOOD FAITH ESTIMATE FRAUD/TRUTH IN LENDING ACT VIOLATION ... EXHIBIT K, MAIL FRAUD, CREDENCE ... EXHIBIT L, TRUTH IN LENDING ACT VIOLATION CREDENCE FUNDING ... EXHIBIT M, NATIONSTAR CONFIRMING THE CONSUMERS WERE VICTIMS OF PREDATORY LENDING AND FRAUD BUT REFUSING TO COMPLY..EXHIBIT N ... TRUTH IN LENDING VIOLATION CREDENCE ... EXHIBIT O, XX/XX/XXXX, XXXX CONFIRMS CRIMES BUT REFUSES TO COMPLY AND CONTINUES TO COLLECT ILLEGALLY ... EXHIBIT P, VICTIMS MADE 3 PAYMENTS BUT ONE WAS STOLEN TO PAY FOR LEGAL FEES THAT WERE ILLEGALLY ADDED ... FEES WERE ADDED LONG AGO WHEN THEY ALSO COMMITTED ANOTHER WIRE FRAUD, LYING TO CONSUMER ABOUT COMPLYING WITH RIGHT TO LOAN CSNCELLATION BUT SIMULTANEOUSLY FORECLOSING WITHOUT NOTICE.,, EXHIBIT Q, CREDENCE PARTICIPATING IN FINAL LOAN FRAUD ... EXHIBIT R, FRAUDUKENT GOOD FAITH ESTIMATE FROM CREDENCE ... EXHIBIT S, CREDENCEFRAUD ... EXHIBIT T, CREDENCE FRAUD EXHIBIT U, CREDENCE GOOD FAITH ESTIMATE FRAUD ... EXHIBIT V ... XXXX COLLECTING LEGAL FEES BUT ILLEGALLY BILLING THEM AS LATE FEES ... EXHIBIT W, WIND INSURANCE COPY ... THEY CLAIM THEY NEVER HAD IT .... THIS WAS THEIR COPY ... EXHIBIT X, FRAUDLENT HUD 1 AND FRAUDULENT FHA LOAN APPLICATION, TRUTH IN LENDING ACT VIOLATION.. XXXX XXXX ... EXHIBIT Y, REFUSAL TO COMPLY, CONSPIRACY TO DEFRAUD CONSUMER/FHA/U.S. GOV, XXXX XXXX ... EXHIBIT Z ... PROOF XXXX HAS BEEN FULLY AWARE OF THIS FRAUD SINCE XXXX XXXX PROOF OF XXXX XXXX STEALING ESCROW AND ILLEGALLY DOUBLING THE HOUSE PAYMENT
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| 07/26/2017 |
No |
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- Applying for a mortgage or refinancing an existing mortgage
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Web |
Servicemember |
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In XXXX of 2017, My wife and I closed our loan for our new house in XXXX, CA. It is a VA loan issued through XXXX XXXX XXXX. This complaint is NOT against XXXX. Since closing, we have received several offers in the mail to change our loan from different companies. One we received was from Credence Funding, NMLS # XXXX. On the one page letter, it states the " Payments based on 30 year fixed rate of 2.25 % and the original loan amount of {$250000.00} '', and " Payments are fixed for 30 years. '' I contacted the company today to discuss getting this loan. I talked to XXXX at XXXX. During the discussion, XXXX indicated the current rate was 3.25 % and my P & I would go down approximately {$80.00} per month, ( not the {$240.00} quoted on the notice ). When I questioned him on the published rate on the notice the company had sent me, XXXX said that was for the XXXX ARM loan, not the 30 year fixed. I explained to him that the notice I have in hand from his company specified it is for a 30 year fixed loan, and did not mention a XXXX ARM at all on the notice, XXXX said it was probably just the marketing group that put out the notice and it is only for XXXX ARMS. I thanks him for his time, and informed XXXX that I was not interested in an ARM, and ended the call.
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| 01/18/2019 |
Yes |
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Web |
Servicemember |
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XXXX XXXX CEO OF CREDENCE FUNDING ... CONFIRMED THAT XXXX XXXX CHANGED THE ESCROW AND PAYMENT AMOUNTS AND DECEIVED THE EDLERLY COUPLE IN FLORIDA***THIS WEEK ... DUE TO THE ACTIONS OF THE PARTIES INVOLVED ... WE ADD LYING TO THE CFPB ... MISLEADING THE U.S. GOV XXXX CONSPIRING TO DEFRAUD*** FOR SOME REASON XXXX XXXX AND CREDENCE FUNDING CORP THINKS IT CAN ISSUE FRAUDULENT LOANS AND THEN SIMPLY HIDE FROM THE CONSUMER AND THE CONSEQUENCES ... *** XXXX XXXX IS THE PRIMARY CRIMINAL HERE BUT THEY GET AN SSIST IN THE CONSPIRACY TO DEFRAUD FROM XXXX XXXX AND CREDENCE FUNDING CORP*** WE HAVE REQUESTED CORRECT LOAN ORIGINATION DOCS ... THEY DO NOT EXIST*** XXXX XXXX AND CREDENCE FUNDING DECIEVED AN ELDERLY COUPLE AND THEY NEED TO BE PROSECUTED*** ****PLEASE NOTE THAT XXXX XXXX ANSWERED THESE COMPLAINTS PRIOR AND LIED TO BOTH THE CONSUMER AND CFPB**** I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience.
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| 12/06/2018 |
No |
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Web |
Servicemember |
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CREDENCE FUNDING CORPORATION ( XXXX XXXX ), XXXX AND XXXX XXXX ( XXXX XXXX ) ARE ALL ENGAGED IN AN ACTIVE CONSPIRACY TO WRITE FRAUDULENT LOANS FOR ELDELRY PEOPLE FOLLOWED BY THEFT OF HOME USING COMPLEX AND ILLEGAL ESCROW MANIPULATION TO CONFUSE AND ROB THEM. SPECIFICALLY IN THIS CASE WE HAVE A LOAN WITH MISSING ITEMS ON LOAN AND ESCROW DISCLOSURES, AND A THEFT OF {$1500.00} FROM THE VICTIM 'S ESCROW ACCOUNT AFTER HER HUSBAND DIED.. WE HAVE A LOAN THAT NEVER MATCHED THE PAYMENT QUOTED AND A HOUSE PAYMENT THAT DoUBLED SEVERAL TIMES DURING THE COURSE OF THIS FRAUDULENT LOAN 'S EXISTENCE. XXXX EMPLOYEES CONFIRMED THE MULTIPLE COUNTS OF LOAN FRAUD, A COPY FROM THEIR LETTERHEAD IS PROVIDED HERE.
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| 05/21/2020 |
Yes |
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- Trouble during payment process
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Web |
Older American, Servicemember |
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I refinanced my mortgage through Credence Funding Corporation of XXXX XXXX XXXX XXXX XXXX, XXXX, Maryland XXXX. We closed on XXXX. The first payment was due on XX/XX/XXXX. I was XXXX in XXXX and sent my payment to Credence Funding on XX/XX/XXXX they cashed my check for {$820.00}. I then received a notice that my mortgage had been sold to XXXX XXXX XXXX XXXX XXXX, IN XXXX. The funds from my first payment has never been transferred from Credence Funding to XXXX XXXX. This has resulted in account being late every month. I have a copy of the cashed check by credence. I am hoping someone can assist me in getting this straightened out. Thanks in advance.
XXXX XXXX
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| 10/15/2020 |
Yes |
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- Applying for a mortgage or refinancing an existing mortgage
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Web |
Servicemember |
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| 03/29/2019 |
Yes |
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Web |
Servicemember |
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| 03/24/2019 |
No |
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Web |
Servicemember |
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