| 10/13/2022 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
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Web |
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Ref : Foreclosure - NDSC File No : XXXX Title Order No. : XXXX4 National Default Servicing Corporation ( NDSC ) is illegally occupying the position of a Trustee and they do not have standing to foreclose on my property. NDSC can not act as the Trustee in this transaction as several Federal and State Codes have been violated making their appointment as the Trustee invalid, Null and Void Nunc Pro Tunc and no standing or authority to foreclose on a consumer 's home.
Secondly, no debt is owed. NDSC is conducting a fraudulent and wrongful foreclosure. Under full faith and credit of United, States, outstanding balance was settled in full in XX/XX/XXXX. Under UCC 3-603, the debt was discharged. Further, there was no loan from the Bank. However, if there was any loan, due to forgery and material alteration of my instrument that was given on behalf of my person XXXX XXXX to XXXX, the obligation was discharged in the favor of the Borrower and therefore, the foreclosure is invalid, wrongful and fraudulent. Unless, NDSC can rebut ALL of the claims below under penalty of perjury, the foreclosure must be terminated immediately. Otherwise, triple damage claims will be brought forward against NDSC for their involvement in this fraudulent and wrongful foreclosure actions.
1 ) According to the California Secretary of State, the alleged Beneficiary XXXX, the Servicer XXXX XXXX and the alleged Trustee National Default Servicing Corporation foreclosing my property all have XXXX XXXX XXXX XXXX as their Agent for Service. How does this fair for the Trustor?
It was stated by the CA Supreme Court that the trustee be at arms length and independent of both parties to the agreement in order to create fairness. It is the job of the trustee to protect the Title from any wrongdoing of either party during the life of the contract agreement.
2 ) As of XX/XX/XXXX, per attached evidence, no recording of substitution of Trustee appointing NDSC as the Trustee is found in XXXX XXXX XXXX. Therefore, the Notice of Default filed on XX/XX/XXXX by a defunct Trustee is NULL and VOID Nunc Pro Tunc as they have no authority or standing to act as a Trustee.
According to California Civil Code 2934 ( a ) ( 1 ) a trustee may be substituted by the recording in the county in which the property is located of a substitution executed and acknowledged by : ( A ) all of the beneficiaries under the trust deed, or their successors in interest 3 ) According to NDSC, XXXX appointed NSDC as the substitute Trustee to handle the foreclosure and the Beneficiary is XXXX. There was no mention of any XXXX who are the true beneficiaries as the notes are securitiezed.
Per Cal. Civ. Code 2934a ( b ) Substitute Trustee in California needs 50 % of the certificate holders of the XXXX or the XXXX to sign off on appointment of the new Trustee under the Deed of Trust.
4 ) NDSC and XXXX are not named in the Deed of Trust document. Therefore, neither have any Power of Attorney granted to them on the executed Deed of Trust.
According to Cal. Prob. Code 5204 ( b ), The special power of attorney under this section shall : ( 1 ) Be in writing.
( 2 ) Be signed by the person or persons giving the power of attorney. ( 3 ) Explicitly identify the attorney-in-fact or attorneys-in-fact, the financial institution, and the accounts or contracts subject to the power.
5 ) According to the NDSC employee, they work for the Bank and they are following orders from the Servicer.
Therefore, the Trustee has no interest in protecting the Trustors title from the beneficiary. This means the Trustee in not in control of protecting the Trustors title, as it is assumed and outlined in the Power of Sale clause, or Ca Civ Code 2924, of a Deed of Trust contract agreement in the state of California.
Further, under California civil code procedure 1131-1134, you can not do a confessed judgment on a mortgage loan unless the borrower has consented to it and that means has to file an oath and certified by an attorney. No such oath was taken which make the Power of Sale clause invalid.
As it is the job of the Trustee to make sure that all of the rules of the Power of Sale are followed by both Party in order to protect the interest of the other party in the transaction. This also goes against the rules of the CA Supreme Court as per the independence of the trustee necessary in order to protect the interest of both Parties involved in a deed of trust. Therefore, this is a wrongful foreclosure and NSDC has no standing to Foreclose.
6 ) THE NEGOTIABLE INSTRUMENT NOTE BEING FORECLOSED ON HAS FORGED ALTERATION AND THEREFORE, THERE IS AUTOMATIC DISCHARGE OF ANY DEBT.
The attached was sent to me by NDSC as evidence of the instrument under which they are foreclosing.
Cal. Civil Code section 1700 ( material Alteration ) & Cal Penal Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION ( a ) " Alteration '' means ( i ) An unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or ( ii ) An unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.
( b ) Except as provided in subsection ( c ), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.
On XX/XX/XXXX, the attached Debt Validation Notice was received from the alleged Trustee NDSC.
Response was sent on XX/XX/XXXX, to NDSC disputing the debt in its entirety and explained to them that ( i ) the debt was settled in full on XX/XX/XXXX and therefore, there was no debt owed.
( ii ) the endorsement pay to the order of XXXX without recourse by the VP of XXXX on my instrument was a master forgery as this was done without my knowledge or my written expressed consent. The Instrument tendered was to be a Special Trust Deposit.
( iii ) the endorsement by the V.P. of XXXX on the instrument is evidence that the instrument was already cashed by XXXX like a Check and therefore, there was no debt or loan. The Bank was paid when they cashed my negotiable instrument if there was any said loan.
Despite of the debt being disputed, NDSC acted in dishonor and bad faith and quickly filed a Notice of Default on XX/XX/XXXX even though the notice for Debt validation from NDSC stated I had till XX/XX/XXXX to respond. There was no due process done to validate the alleged debt claim?
Through research and investigation into this foreclosure, it appears to that the Trustee to a deed of trust contract is acting merely as strawman and there is no fair dealing or protection for the borrower. Secondly, it was not disclosed that after the signing of the loan document, the Bank will alter the instrument into a draft and deposit it at par value. In fact, there was no loan and the alleged borrower unknowingly entered into a security agreement which was not disclosed. Had the truth been disclosed at the time of signing the contracts, I would not have signed the Deed of Trust. This was sheer trickery played by XXXX pretending to me a " lender ''. There was no full disclosure and meeting of the minds to the contract agreement. The bank constructed the contract without giving full disclosure as per the rules of the contract.
Due to the fact there was no meeting of the minds to the contract prior to the signing of the contract, and that the rules of the contract were deceptive in nature and was designed to benefit one party over the other i.e. to the benefit of the Bank who constructed the contract, this is fraud by the misrepresentation of a material fact. Through the rules that dictate contract law, and through the Statute of Frauds, there must be a meeting of the minds of the rules governing the contract or the contract is to be deemed null and void.
The truth and the facts of the matter are, according to the legislative acts of Congress and signed into law by the President, all debt is Government obligation. Under Social Security Act of 1935 Title V, Section 501 and 502, everything is prepaid. The consumer is not supposed to incur debt for personal, family and household purposes. The signed instrument given to XXXX that was then endorsed and deposited by XXXX is evidence that my signed instrument funded the transaction and there was no loan from the Bank as purported by XXXX, the Servicer XXXX and the Trustee NDSC. These corporations are being false and misleading about the alleged debt and who the actual creditor is? They are false and deceptive in their practices and actions and i, the natural woman is being harmed by their action and this needs to stop immediately!
SHOULD NDSC CONTINUE WITH THE WRONGFUL AND ILLEGAL FORECLOSURE, THEY WILL BE INVOICED TRIPLE THE AMOUNT THEY ARE FORECLOSING ON IN DAMAGES.
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| 01/04/2023 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
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- Trouble during payment process
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Web |
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NOTICE AND DEMAND TO RECORD A RESCISSION OF THE ATTACHED NOTICE OF DEFAULT XXXX XXXX XXXX XXXX XXXX AND A FULL RECONVEYANCE OF DEED OF TRUST XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; Unless National Default Servicing Corporation ( NDSC ) under penalty of perjury, can provide in the next 15 days the following two authenticated documents, a demand is hereby made to IMMEDIATELY record a RESCISSION OF THE NOTICE OF DEFAULT AND A FULL RECONVEYANCE OF THE DEED OF TRUST in XXXX XXXX XXXX ; ( 1 ) Produce an authenticated existence of indebtedness report per XXXX XXXX XXXX reporting showing any proceeds received from the cash conversion of the negotiable instrument tendered to XXXX ( XXXX ), XXXX, at closing in XXXX, any assignment or sale of the instrument to any third party, any default insurance proceeds received or collected by the Servicer and ALL the payments I have been tendering for the alleged " loan '' obligation since closing in XXXX ; ( 2 ) An authenticated copy of Substitution of Trustee per of XXXX XXXX XXXX XXXX ( b ), 50 % of the certificate holders of the XXXX or the XXXX have to sign off on an appointment of the new XXXX under the Deed of Trust ; The Notice of Default filed by NDSC is indicating the Beneficiary is XXXX XXXX. and on whose behalf they are foreclosing. However, my research indicates that the alleged unsecured holder of the Note is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Hence XXXX XXXX of the certificate holders have to sign off on the appointment of the new Trustee per of XXXX XXXX XXXX XXXX XXXX NOTE 1 : NDSC can not abdicate responsibility and refer me back to the Servicer for the above information requested, since they are the ones who filed the notice of default so they must get the requested documents from the Servicer or the Beneficiary or whomever they are representing or taking directions from for the foreclosure ; Failure to provide the requested information means that NDSC is liable for the wrongful foreclosure actions and a demand is hereby, made for a copy of Bond or insurance policy carried by NDSC to indemnify i : the living woman for the harm caused by NDSC 's wrongful foreclosure actions and for statutory damages and/or any other damages allowed under the law for the harm caused to i : a woman ; NOTE 2 : Since NSDC is in the business of foreclosing, they must be aware of the following and if not, I wish to bring it to their attention : ( 1 ) According to the legislative acts of Congress and signed into law by the President, all debt is Government obligation [ 18 USC 8 ] ; Further, under Social Security Act of 1935 Title V, Section 501 and 502, everything is prepaid ; i : a living woman, a consumer is not supposed to incur debt for personal, family and household purposes ; The subject property is a primary dwelling where i : woman domicile ; ( 2 ) Per the attached copy of the endorsed negotiable instrument which was presented to me by NDSC as evidence of debt, I wish to point out that the endorsement pay to the order of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX on the instrument is a master forgery ; This endorsement was done without my knowledge or written expressed consent ; There was no meeting of the minds on the unlawful conversion that took place after the signed instrument was delivered to XXXX at closing ; Therefore, this is an automatic discharge of any debt believed to exist per XXXX XXXX XXXX XXXX XXXX XXXX material Alteration ) & XXXX XXXX Code 496 ( forgery ) and Per UCC 3-407 - ALTERATION ; ( 3 ) Under Title 12, Banks can not loan money. Under 12 USC 412 and Federal Reserve Act Section 16, the instrument i.e. the collateral delivered at closing was the tender in equal par value exchange. Therefore, how can there be a so called loan or credit of any kind from XXXX ( XXXX ), XXXX as perpetrated? However, IF there was any such alleged debt obligation, which remains to be verified under penalty of perjury, this was already satisfied upon the cash conversion of the instrument as per the endorsement by XXXX XXXX XXXX XXXX after the closing in XXXX ; ( XXXX ) Lastly, as I have been informing NDSC that any alleged outstanding balance was fully settled in XX/XX/XXXX and despite that, NDSC moved forward with a wrongful foreclosure action. According to the attached reports from the 3 major Credit bureaus, XXXX ) XXXX shows the account is closed, date of last activity XX/XX/XXXX ; XXXX ) XXXX is showing monthly payments due {$0.00}, and no past due amount and last payment received in XX/XX/XXXX ; XXXX ) XXXX, the status is current paid or paying and monthly payment due is XXXX
NDSC has clearly not verified existence of any indebtedness and has initiated a wrongful foreclosure and they are hereby, given an opportunity to cure their mistakes or be held liable for the harm and suffering caused to i : a living woman from their wrongful actions.
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| 10/25/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
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Web |
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On XX/XX/XXXX a friend/family member was searching the web and they found my address and home listed as a pre foreclosure. When in fact my home has been paid off since XX/XX/XXXX. XXXX XXXX XXXX XXXX along with others being sued now in court for this slanderous act has added a 7th Trustee named Trustee : National Default Servicing Corp XXXX XXXX XXXX XXXX # XXXX, XXXX, AZ XXXX Phone : ( XXXX ) XXXX. The first alleged Trustee was 1. ] Title company no longer in business as of XX/XX/XXXX, 2nd. ] XXXX a fraudulent company whom listed themselves under XXXX XXXXXXXX XXXX whom was found to be fraud by the SEC in XX/XX/XXXX. 3rd. ] XXXX 4th. ] XXXX and subsidiaries unknown, 5th. XXXX XXXX XXXX not XXXX XXXX but XXXX XXXX XXXX unknown and fraudulent. 6. ] was XXXX 7. ] is National Default Servicing Corp. A lien was placed upon the property by a XXXX XXXX XXXX and XXXX XXXX formerly of a out of business company named XXXX XXXX XXXX as of XX/XX/XXXX whom both now are currently working and well hidden within XXXX XXXX. i XXXX XXXX XXXX own the property and have done so legally and since XX/XX/XXXX. Any attempts of pre-foreclosures have added all parties to current law suits in ninth circuit and new cases complaint being filed at this time for trespassing and i have a 9 billion USDA lien on my home against anyone whom attempts to take my property, you are now being put on notice. Your partner XXXX should have warned you of the current cases but they did not and now you are added along with all personnel realtors title companies and such the like. As of XX/XX/XXXX a QWR and a cease and desist was given to all parties as well No genuine issues produced by the companies involved but they claim to be erroneously sued when in fact they have been in communications with the Appellants since XX/XX/XXXX concerning these matters. The original cease and desist was given via the QWR aka qualified written request and thereafter. All parties have been served the cease and desist over and over again due to the amount of added changes to the defendants roster. They add someone every six months it seems. The evidence provided by the Appellants are clear and undisputed. The Defendants provided the addresses and locations of where to send complaints, forms and letters and such was used to show proof of service thereto all the Appellees. The appeals court can see clearly the evidence of the documents statements affidavits and claims provided are clear and undisputed by the Appellees and the use or attempt to dismiss the case before being argued before the panel and this court is obstruction of justice and failure to due process. Therefore a hearing must be set so that the evidence can be made clear and the Appellants can defend and oppose all that was submitted to the courts and not to the appellees as of XX/XX/XXXX. This case is now in XXXX Circuit court of appeals and thereafter if needed it shall be in the US SUPREME COURT OF APPEALS.
XXXX asked me the home owner to give them consent to foreclose on my home and i say again they asked me for consent which i will never give the answer was no and its still no.
XXXX produced fraudulent documents alleging a loan took place but they are four to five different copies the 1st. ] has a date on top with a bar code, the 2nd. ] has no date but adds new signatures, the 3rd has initials at the bottom the fourth has altered dates and newly added loan numbers the fifth is blank.
XXXX claims to the XXXX XXXX County Registrar office that they have served a Default notice to my home and i swear no notice has ever been served to my property.
The newly added Trustee has been added to the multi million dollar suit.
For more information go to the courts website and look up case number i, woman, XXXX XXXX XXXX i, man, XXXX XXXX XXXX Court Of Appeal No. XXXX District Court No. - XXXX XXXX XXXX XXXX et al.,, 2 ; XXXX XXXX ( XXXX ) XXXXXXXX XXXX XXXXXXXX, XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX not limited to employees and acquired ) XX/XX/XXXX banks involved ) FAIURE OF DUE PROCESS defendants ( s ) and appellee
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| 07/06/2022 |
Yes |
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- Trouble during payment process
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Web |
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On XX/XX/XXXX thru XX/XX/XXXX I XXXX XXXX XXXX XXXX tendered payment in full thereto alleged mortgage company XXXX. Act of XXXX XXXX XXXX etc, .. XXXX XXXX.
After tendered payment i have not received any communications from them since XX/XX/XXXX. On XX/XX/XXXX I filed a lis pendens with the local Constable and all parties therein were served due to no response knowing they would make an attempt to foreclose after refusing the tender of payment. I received another email notice another filing by XXXX XXXX XXXX alleging a sell of the death pledge or Deed of Trust on or about XX/XX/XXXX with no correspondence to me the XXXX title holder.
On or about XX/XX/XXXX i received an electronic notice from the XXXX County Recorder stating someone filed a instrument on my private XXXX property. While at the same time i was prevented from filing my own instruments on my XXXX private property.
XXXX is the filler claiming to be the Trustee. When this property parcel No. XXXX lot XXXX latitude XXXX longitude XXXX.
My private property is held within my XXXX XXXX estate trust XXXX and is kept sealed. I have sealed court stamped documents showing the tender of payment and the exemption of my XXXX property rather XXXX has sent a woman named XXXX XXXX to my Abode while i was out of the country on vacation celebrating my XXXX anniversary with my cohort. She place a open visible document alleging my home is in default and going into foreclosure on XX/XX/XXXX approximately XXXX where no one could recognize her but caught on camera her XXXX XXXX XXXX as she parked a few houses down and proceeded to place the documents with blue tape on the Abode.
She then returned writing on the document a date of XXXX on XX/XX/XXXX. She then returned on XX/XX/XXXX approximately XXXX pm while i was home and left another letter on the door with the same blue tape. I then called the XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX and they contacted XXXX XXXX.
She stated to the Trustee XXXX XXXX XXXX that she was trying to help me save my home. She was warned that the home was tendered in full but she persist to use scare tactics stating the County Recorder has the home listed as in Default which is not true for the Clerk XXXX XXXX XXXX was notified on XX/XX/XXXX by XXXX XXXX mailings of the court orders to remove all instruments from my private Abode.
It appears that XXXX and XXXX XXXX are working together trying to get me in a contract to sell my home, .. rather my Abode is not for sale and i didn't contact either of them for their alleged assistance.
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| 02/28/2023 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was paid
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Web |
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NOTICE OF VIOLATION OF FDCPA & NOTICE TO IMMEDIATELY CEASE & DESIST ILLEGAL FORECLOSURE ACTIVITY. I will be more than happy to settle any financial obligation that might be lawfully owed to the right party in interest once XXXX provides me with sufficient proof of claim as a sworn statement under penalty and perjury.
Under a sworn statement, on what basis and authority XXXX is conducting a non-judicial foreclosure on my home with a sale date of XXXX XXXX XXXX when ( A ) the outstanding balance on the loan was settled in XXXX XXXX and the attached credit bureau reports from the XXXX main agencies, XXXX, XXXX and XXXX - ALL 3 indicate that ( i ) the loan has been paid as agreed ( XXXX ) Monthly payment is {$0.00} ( iii ) XXXX is showing the account is closed? The reports DO NOT show the loan in default so on what basis XXXX is foreclosing? PLEASE PROVIDE ACCOUNTING REPORT PER GAAP FAS 140 TO PROVE THAT THE BENEFICIARY YOU ARE REPRESENTING HAS A VALID CLAIM OTHERWISE, THIS IS JUST HEARSAY AND NOTICE IS HEREBY GIVEN THAT NDSC WILL BE HELD LIABLE FOR THE HARM CAUSED FOR CONDUCTING A FORECLOSURE WHEN THE NOTE IS NOT IN DEFAULT AND HAS BEEN PAID AS AGREED ACCORDING TO THE REPORTING BY CENLAR TO THE CREDIT AGENCIES.
( B ) Evidence shows that XXXX XXXX is NOT the true beneficiary or party in interest XXXX is foreclosing on behalf as ( i ) There is NO assignment of Deed of Trust to XXXX XXXX as the beneficiary recorded in XXXX XXXX XXXX XXXX 's office proving that XXXX XXXX is NOT THE actual party in interest and ( ii ) Further, the attached CUSIP report shows that the note with XXXX ( XXXX ) XXXX, Loan # XXXX is securitized and in a XXXX XXXX XXXX. BEFORE PROCEEDING WITH ANY FORECLOSURE, PLEASE PROVIDE PROOF THAT XXXX IS THE RIGHTFUL PARTY IN INTEREST AS THE EVIDENCE I AM PRESENTING HERE DOES NOT SUPPORT YOUR CLAIM.
( C ) XXXX DOES NOT HAVE ANY TERRITORIAL JURISDICTION TO CONDUCT ANY FORECLOSURE ACTIVITY AND HAS FAILED TO PROVIDE ANY PROOF WHICH MEANS THAT XXXX DOES NOT HAVE ANY TERRITORIAL JURISDICTION AND IS ENGAGING IN CRIMINAL ACTIVITIES AND WILL BE REPORTED.
( D ) NOTICE IS HEREBY GIVEN TO NDSC TO CEASE AND DESIST IMMEDIATELY THIS ILLEGAL AND FRAUDULENT FORECLOSING SALE CAUSING ME IRREPARABLE HARM AND NOTICE IS HEREBY GIVEN THAT CHARGES WILL BE BROUGHT AGAINST ALL PARTIES INVOLVED IN ANY XXXX ACTIVITIES- incl. XXXX, XXXX XXXX, XXXX XXXX FOR THE HARM AND INJURY CAUSED.
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| 06/14/2018 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
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I DISPUTE THE XXXX ACCOUNT XXXX XXXX & AND N.D.S.C. XXXX XXXX, I want verification of these accounts I have DISPUTED my loan documents with XXXX over the past few years there answer to the complaints is file for a loan modification and if approved the outcome will resolve the problems.
No More i do not want the run around any more XXXX has lied to me and has lied to Hud and the BK trustee in the past and they might be lying to the company they hired to complete the foreclosure on my house.
I have been told by XXXX that the foreclosure was stopped then i find out it is on again and today XXXX told me it was all being done by National Default Servicing Corporation and it was out of XXXX hands.
I want to know who is doing what is XXXX or is National Default Servicing Corporation making the decisions about the foreclosure on my account?
I got a loan for the past due amount and to bring my loan current with XXXX but i still have not received the past due pay off amounts, Also there is a title deed problem the old second is still listed on their they did not remove themselves after they were paid off before they went out of business some time around XX/XX/2010 Because of these things i have asked for a 10 to 15 day delay on the foreclosure sale date.
XXXX has switched my workers around 2 times over the last few weeks and nobody knows nothing XXXX needs to explain to me about the fake loan document they have and were they came from.including the notarized stamps by my name when i was not even in XXXX XXXX CA when they were dated and stamped by someone,
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| 02/06/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
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NDS Corp.
XXXX XXXX XXXX, XXXX XXXX, XXXX , ARIZONA XXXX Re : Letter dated XX/XX/XXXX We need all and any documents that pertain to my loan ( not one or any documents should be a secret or confidential and hidden from us ).
Any remaining documentation being requested and will not be fulfilled and or provided will be unduly burdensome to me and to my family!
Letter dated XX/XX/XXXX No document to be privileged or proprietary! I have every right and more benefits to demand every document from the past to present that is connected to my loan, no secret documents should be kept from homeowners and from any authority.
I need all corporate assignments of deed of trust from XX/XX/XXXX to present. The one on record dated XX/XX/XXXX was produced under fraud, therefore under the California and federal law it is void, cancelled and has no validity. I need copies of all original notarized documents and its original notary book with thumbprint and a current affidavit signed under penalty of perjury of all authorized staff, notaries, attorneys etc. that have been involved in dealing with my loan from XX/XX/XXXX to present, to verify and validate that my loan was handled in accordance with all Federal and State laws. The original deed of trust was recorded on XX/XX/XXXX not XX/XX/XXXX plus many more discrepancies, please have a forensic document examiner review all documents pertaining to my loan, from XX/XX/XXXX to present.
ALL WRONGFUL FORECLOSURE NEEDS TO BE INVESTIGATED BY THE PROPER AGENCIES!
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| 03/22/2018 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
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NATIONAL DEFAULT SERVICING CORPORATION XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX ARIZONA XXXX Re : Letter dated XX/XX/XXXX We need all and any documents that pertain to my loan ( not one or any documents should be a secret or confidential and hidden from us ).
Any remaining documentation being requested and will not be fulfilled and or provided will be unduly burdensome to me and to my family!
Letter dated XX/XX/XXXX No document to be privileged or proprietary! I have every right and more benefits to demand every document from the past to present that is connected to my loan, no secret documents should be kept from homeowners and from any authority.
I need all corporate assignments of deed of trust from XX/XX/XXXX to present. The one on record dated XX/XX/XXXX was produced under fraud, therefore under the California and federal law it is void, cancelled and has no validity. I need copies of all original notarized documents and its original notary book with thumbprint and a current affidavit signed under penalty of perjury of all authorized staff, notaries, attorneys etc. that have been involved in dealing with my loan from XX/XX/XXXX to present, to verify and validate that my loan was handled in accordance with all Federal and State laws. The original deed of trust was recorded on XX/XX/XXXX not XX/XX/XXXX plus many more discrepancies, please have a forensic document examiner review all documents pertaining to my loan, from XX/XX/XXXX to present.
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| 07/10/2018 |
Yes |
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- Struggling to pay mortgage
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Web |
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National Default Servicing Corporation ( NDSC ) made material intentional misrepresentations as to their relationship as it relates to my home loan mortgage account and foreclosure processes.
NDSC provided written documents originating from them in which the affixed the XXXX XXXX XXXXXXXX XXXX at the top giving the appearance the correspondence originated from XXXX XXXX XXXXXXXX and not NDSC. Within the correspondence, NDSC stated it had been retained by XXXX XXXX XXXXXXXX to collect on a delinquent mortgage debt prior to XX/XX/XXXX. Neither NDSC nor XXXX XXXX XXXX has provided any written documentation confirming NDSC a Trustee relating to foreclosure processes to date.
Upon receipt of correspondence from NDSC prior to XX/XX/XXXX claiming any connection to my home loan mortgage debt was unclear and incorrect. I actually believe this correspondence to be a scam of some sort as I was still pending in the modification process at the time of receipt. On XX/XX/XXXX, I was approved on appeal for a MHA HAMP TPP. However, I had not been offered the MHA HAMP TPP acceptance package at the time of the NDSC correspondence. As dual tracking is prohibited under California law, debt collection processes, including foreclosure, can not begin or proceed.
All previously requested resolutions are desired to include three times the median home value in XXXX XXXX County.
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| 07/02/2018 |
Yes |
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- Struggling to pay mortgage
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Web |
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National Default Servicing Corporation ( NDSC ) has contacted me outside of their role as Trustee and made multiple contacts via written correspondence, visits to my private residence, and by telephone relating to the XX/XX/XXXXTrust Deed between myself and XXXX XXXX XXXX XXXX XXXX
NDSC did not become the Trustee until XX/XX/XXXX when the Substitution of Trustee was recorded in XXXX XXXX County where the property resides. Their first contact was made in XX/XX/XXXX and made the knowingly false representation ( or NDSC should have known the representation was untrue at the time they made it in writing ) of being hire by XXXX XXXX XXXXXXXX to begin foreclosure processes on a delinquent mortgage debt. While steps may have begun to make NDSC the newly substituted trustee, NDSC did not become the Substituted Trustee until the proper document was recorded on XX/XX/XXXX. Therefore, any representation as to the substituted trustee made by NDSC prior to the recorded document date is a willful misrepresentation on their part.
Resolutions at this point must include an admission of fault and/or wrong-doing in writing addressed to me and XXXX XXXX XXXX.
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| 07/10/2018 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
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I submitted an application to XXXX on XX/XX/2018 regarding assistance with the foreclosure on my home. I confirmed with the lender on XX/XX/2018 my application was received and they requested a hardship letter which I sent in. When calling XXXX today, XX/XX/2018, I was told the documents are received however they can not postpone the trustee sale because the attorneys will not postpone it if documents are not received at least 14 days before the sale date. No one ever told me this information when I spoke with XXXX and they told me to submit the documents which I did. Now, 2 days before my sale date I am told " too bad, too late ''. I called the trustee and they are telling me the sale is active and that the lender is the one who authorizes the postponement, so now I am being told different stories and even more stressed out. XXXX has my application, they should be aware of the HBOR laws and postpone the foreclosure sale while I am in an active loan modification review. I have been been assigned a single point of contact and they have never reached out to me, which are violations of the HBOR set in place for homeowners like myself!
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| 05/21/2018 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX as Trustee Attorney, and National Default Servicing Corporation ( NDSC ) as Trustee, and others working on behalf of, for the interest of, for the benefit of, unlawfully accessed my credit reports. In addition to improper inquiries, sharing of information obtained from and through accessing credit reports for purposes that aren't allowed by law, or gaining access to my credit reports and the data contained within due to the bank, Trustee, and Trustee Attorney improper actions, I've had my personal, financial and private information grossly compromised due to such conduct and behavior. This behavior, to the best of my knowledge, occurred between XX/XX/2016 to present. XXXX XXXX XXXX, XXXX XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX National Default Servicing Corporation ( NDSC ) XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX
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| 05/23/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Web |
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Unlawful Foreclosure. Unlawful Foreclosure. I have submitted a full and complete loan modification application to XXXX and as of XX/XX/2019 with the debt collector XXXX. As of this date, we have received nothing but a deceptive response from both XXXX and XXXX and no accurate status regarding our request for the loan modification Our home is currently in active foreclosure with the sale date scheduled for XX/XX/2019. Therefore ; pursuant to California 's Homeowner Bill of Rights you are prohibited from conducting a trustees sale ( foreclosure ) on the above-referenced property until you have provided an answer to my loan modification application and legally wait for at least 45 days from the date of receiving a denial for the homeowner to respond to the denial. Active foreclosure sale date scheduled for XX/XX/2019 must be canceled immediately.
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| 07/10/2018 |
Yes |
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- Struggling to pay mortgage
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Web |
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National Default Servicing Corporation ( NDSC ) failed to call a fault to foreclosure processes after coming into possession of information and knowledge of various violations of a group of laws commonly referred to as the California Homeowner Bill of Rights.
On XX/XX/2016, NDSC caused to be recorded a Notice of Default ( NOD ) as the Substituted Trustee. On or about XX/XX/2016 I informed XXXX XXXX XXXXXXXX, XXXX XXXX as the loan owner and servicer, and NDSC as the Substituted Trustee and also XXXX and XXXX, XXXX XXXX as the owner of NDSC of their errors and requested the NOD be immediately rescinded.
The NOD was never rescinded as requested violating provisions of the California Homeowners Bill of Rights.
All previously requested resolutions are desired to include three times the median home value in XXXX XXXX County.
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| 07/24/2018 |
Yes |
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- Struggling to pay mortgage
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Web |
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National Default Servicing Corporation ( NDSC ) did not provide the required pre- Notice of Default ( NOD ) outreach as required by California Civil Code XXXX.
Please refer to Consumer Financial Protection Bureau complaint XXXX where NDSC admits the Substitution of Trustee was executed on XX/XX/2016 and recorded on XX/XX/2016. Therefore, any correspondence addressed to me was provided by NDSC prior to the date of execution of the Substitution of Trustee was done before and outside of their role as Trustee and as a shady debt collector who had not been authorized by the bank to commence debt collection activities and including beginning foreclosure processes. Thus, the required pre-NOD outreach had not been satisfied.
All previously requested resolutions are desired.
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| 01/25/2024 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
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- Closing on a mortgage
- Changes in loan terms during or after closing
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Web |
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| 05/05/2022 |
Yes |
- Mortgage
- Reverse mortgage
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- Struggling to pay mortgage
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Web |
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| 04/20/2022 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Phone |
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|
| 12/30/2020 |
Yes |
- Checking or savings account
- Other banking product or service
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- Managing an account
- Banking errors
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Referral |
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| 10/15/2020 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Postal mail |
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|
| 03/05/2020 |
Yes |
- Mortgage
- Conventional home mortgage
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|
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Web |
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| 01/31/2020 |
Yes |
- Debt collection
- I do not know
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- Written notification about debt
- Didn't receive enough information to verify debt
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Referral |
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| 04/04/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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Postal mail |
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|
| 11/08/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
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|
Web |
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| 09/26/2018 |
Yes |
- Mortgage
- Conventional home mortgage
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- Struggling to pay mortgage
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|
Web |
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| 07/10/2018 |
Yes |
- Mortgage
- Home equity loan or line of credit (HELOC)
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- Trouble during payment process
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Phone |
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| 05/18/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Written notification about debt
- Didn't receive notice of right to dispute
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Referral |
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| 11/29/2017 |
Yes |
- Debt collection
- Mortgage debt
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- Written notification about debt
- Didn't receive enough information to verify debt
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Referral |
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