Ocwen Loan Servicing LLC Foreclosed On my investment Condo without authority to Foreclose. A recent CFPB report discovered similar ongoing abuses among servicers, and overseers of the National Mortgage Settlement have documented non-compliance with their court-mandated rules. Ocwen’s unlawful procedures are symptomatic of the entire industry. They grew to become the nation’s fourth-largest servicer, and the largest one that’s not also a bank, by scooping up servicing rights discarded by those also caught still abusing homeowners. Still abusing their court-mandated rules still foreclosing on properties they don’t own and are only the servicer with no right to foreclose. OCWEN aquired the servicing rights of the property from GMAC and have fraudulently over-stepped their authority to foreclose as a debt collector through their Lawyers at Robertson Anschutz & Schneid of Boca Raton. Indeed, the wrongdoing alleged in the Ocwen Case occurred through 2012, showing that this misconduct is ongoing, despite a MASSIVE SETTLEMENT with the industry’s biggest players earlier that year. This Foreclosure in Broward County happened on August 18,2014, CASE CACE0806 XXXX. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act which protects consumers from unfair, deceptive, or abusive acts or practices by any mortgage servicer – whether they are a bank or nonbank. This is still enforced today as it was early in 2012, examinations by the Multistate Mortgage Committee, which is comprised of state financial regulators, identified potential violations at Ocwen that are still occurring in foreclosure cases today.
Ocwens response was:
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in response to your inquiry regarding the owner of the loan ,please note that Ocwen does not own the loan,nor has it ever represented that it owns the loan.Rather Ocwen is a servicer of the loan on behalf of the owner. The Entity that owns the loan is U.S. Bank National Association AS TRUSTEE FOR Lehman XS Trust Series 2006-XXX

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There is a lost note and Mortgage applied for on the foreclosure complaint and an affidavit signed by an officer of GMAC on January 17,2013 who swore that to the best of his knowledge the original note has not been satisfied,pledged,assigned or hypothecated.

One lie to cover another is the deception to cover up who is the
Real Owner in due course and the banks will do anything to prove they are the owner of your loan .

So here is Ocwen saying he is not the owner in due course but is acting on behalf of the owner U.S.Bank
National Association as Trustee for Lehman XS TRUST TRUST SERIES 2006-XXX

In that statement is the scam that the Banks are using to foreclose on thousands of homes and deceive the courts,the judges and the borrowers that the trust holds the note.

1-The bank chose to have a distributed party of interest scheme to avoid paying taxes twice and put these loans into SPV’s(Special Purpose Vehicles) so they don’t get taxed on them. This is covered under the internal revenue tax code 860.
This way only the shareholders are taxed,and only the shareholders are the real parties in interest.
The real parties of interest has to pay taxes on the earnings of the Notes in other words the banks avoided paying interest on the note, if the REMIC(trust) owned it then the REMIC has the tax liability. The banks could have accepted double taxation and let the REMIC hold the centralized power or distribute the tax liabilities to the shareholders,distributing the parties of interest. The bank chose the distributed power of interest scheme to avoid paying taxes on the notes ,but now if no one entity is the real party in interest ,then each and every shareholder of the REMIC is.
So the question is …who has the right to foreclose? The answer is …no one.
The promissory note is only enforceable in its whole entirety. If thousands of shareholders own a tiny percentage of each loan no one can foreclose.

LOAN HISTORY TO UNDERSTAND EVENTS AS THEY HAPPENED
a- Greenpoint Mortgage closing may 22,2006 then the PROMISSORY Note was sold to the REMIC STRUCTURED AS A SPV Leaving the shareholders the real party of interest NOT LEHMAN TRUST.
b- The lender then becomes only the servicer
c- Greenpoint transfers the servicing rights to GMAC SEPT 1,2006
d- Loan defaults sept 2008
e- David Stern fabricates Assignment of Mortgage Dec.2,2009
To GMAC with Jeffrey Stephan as VP OF MERS Effective date Dec.12,2008 and Recorded in Broward County jan.21,2010.
f- Foreclosure Complaint dated Dec.22,2008 10 days after effective date on assignment.
g- GMAC Mortgage is now the owner of my loan through fraudulent assignment of mortgage by David L. stern and Jeffrey Stephan using MERS as the authority do do so.
h- The pattern here is to move from lender to lender after closing a loan to pull the same scam off all over again.
i- DID YOU JUST HAVE AN AHA MOMENT????

Now here is what has happened. Ocwen has said that GMAC HAS A SWORN STATEMENT that the loan never was satisfied,pledged,assigned or hypothecated however the only way a bank can foreclose on you is if they buy the promissory note back from the REMIC as a written off debt,just like a debt collector would . tax credit has been given to the shareholders and the REMIC. It is no more so,essentially these banks are picking up the promissory note for pennies on the dollar and through deceit,they try to re-attach the converted Note to the Dead Loan .This is called Re-Adhesion.

The Notes bought from the secondary markets (Defaulted Loans) are unsecured . Re-adhesion of an asset that has been written off is illegal ,immoral and unconscionable.
They then take these documents and represent them to the world as if they are the real parties of interest. They bring these documents into court,deceiving the court and their counsel (who ,for the most part ,is ignorant of this scheme). Ocwen first notified me in february 16,2013 as a debt collector “this is an attempt to collect a debt”

Once a debt has been written off, it is discharged. it cannot be collected again. Debt Collectors use deception to convince people that they were assigned the debt. So how does this relate to the REMIC and a debt collector? The individual Shareholder s are the real and beneficial interest holders. Since the individual shareholders cannot endorse and assign their portion of the loss,then they have to write it off as a bad debt.
The TRUSTEE of the REMIC cannot foreclose either because it is not the Real and Beneficial holder of the Promissory Note , The REMIC has given up the right to foreclose when it chose to be structured as a SPV (Special Purpose Vehicle) for the purpose of a straight tax pass through .
A defective instrument is not enforceable. An instrument that has been previously discharged and bought as a bad debt is not enforceable .
The question to ask opposing counsel to:
1-Stipulate the true nature of their ownership of the Note
2-subpoena of accounting records .

Did you just have an aha moment
This is the Nature of the Extent of the Fraud Done to The American Public And The World.
A Foreclosure action must be done by a real party in interest. If it is’nt ,then it is nothing more then theft and Extortion

That case is a treasure trove of HIDC and UCC references ,, very nice.

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