Loan modification,collection,foreclosure

Posted on Posted in Complaints, Mortgage

review

Over a period of two years, I have written XXXX RESPA QWRs to Residential Credit Solutions ( RCS ) to try to find out the status of the foundational documents of my loan, the XXXX mortgage on my house. In XXXX of XXXX, RCS hired an attorney to threaten me with foreclosure. In XXXX of XXXX, a different attorney sent a letter to me writing that they were the new attorney hired by XXXX to threaten foreclosure on my house. I have seen the people drive by my home to take pictures of my house to see if we have moved out or not. This is not a RESPA QWR. I am utilizing the CFPB complaint system to see if this will motivate you to answer my questions in good faith.
1. In almost all of your responses to my QWRs you write, ” Servicing is defined very narrowly in RESPA to be the receipt of scheduled payments and attributing those payments to principal, escrow, and otherwise as required by the note ( RCS Letter XXXX/XXXX/XXXX ). ” If you are threatening me with foreclosure with XXXX different attorneys as the servicer of my loan, why do I not have the right to question errors made in the foundational documents, assignments, and chain of ownership of the Promissory Note and Security Deed? If threatening and carrying out foreclosure is not a duty of the servicer in that narrow definition, then why are you doing it?
2. Why did it take RCS so long to respond to our QWR received on XXXX XXXX, XXXX? We even received a letter from CFPB acknowledging that you were late in your response. The answers to my questions should be right at your fingertips, especially about the foundational documents of my loan if you are going to threaten me with foreclosure. It appears that you spent more time researching what you thought you were not legally required to answer instead of acting in good faith and answering my questions.
3. You have written in your letters to me that you are not required to give me the name of the Trust or the Trustee holding my Note. According to my original Promissory Note for this loan, the Note holder has the power to foreclose. If the Note is in a Trust, then the Trust is the Note Holder. I have a right to know who the Note Holder is, thus I have the right to know the name of the Trust and the Trustee. Please provide the full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates. ( Note : If the note number is being traded in a XXXX Trust or XXXX XXXX Trust, please provide all information to identify the Trust ( i.e. XXXX XXXX Number, XXXX Number, XXXX or XXXX Trust Number and Trust Class/Tranche ).
4. Please provide proof that the Assignment on file in the County Clerk ‘s Office is not fraudulent and verification that the XXXX Vice Presidents who signed the Assignment were employees of XXXX XXXX on that date. The Assignment on file in The County Clerk ‘s Office in our county was dated by XXXX from XXXX XXXX, Florida in XXXX on the same day as our Meeting with Creditors in Federal Bankruptcy Court. However, XXXX did not file it until two months later in XXXX. I have read in research that XXXX and XXXX was a time period of fraud, robo-signing, and forged documents in the mortgage and foreclosure business practices. I want to make sure that this Assignment is authentic! Please note that I am not asking about the assignment dated XXXX/XXXX/XXXX of servicing rights from XXXX XXXX to RCS attached in my supporting documents. What concerns me is that transfer was not accompanied by a new Assignment of the Security Deed from XXXX XXXX to RCS, XXXX, or to XXXX. Where are those Assignments?

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