Ocwen Loan Servicing
West Palm Beach,
February 2nd, 2015
Date of Origination: April 6th, 2006
Name of Originator: Argent Mortgage Company
Name of Securitized Trust: Deutsche Bank Trust Company as Trustee for Argent 2006-M1
Date of Cancellation of Loan; September 18th 2008 according to 15 U.S.C 1635(f)
COMPLAINT CONCERNING MORTGAGE TRANSACTION
The is a Mortgage Transaction Complaint concerning a certain loan as listed above. The Mortgage agreement was entered into on April 6th 2006 between the borrower and Argent Mortgage Company see attached file Mortgege.
The Transaction was deemed by the Homeowner to be predatory based on several factors, (1) the preceding two years of Tax Returns, see attached file TAX1 and TAX2 did not financially substantiate a proper loan, the Homeowner deemed the Loan to be a NINJA loan. (2) the property appraisals which were preformed on the above described property, three appraisals in total, were all contradictory in value by several hundred thousand dollars. (3) the Truth in Lending Statement was fatally defective.
As a result of the above, but not limited to the above, the Homeowner rescinded the loan transaction, such rescission was demanded timely, in less that two years after Origination or on September 18th 2006, according to TILA U.S.C 1635(f), see Rescission Letters at Rescission 13 to 20, the files show a response from the companies concerned, Where the concerned Servicer refused to rescind the mentioned transaction. Please review files Certified Mail 2 to 9 which demonstrates receipt of Certified Mails to all parties to the Rescinded Transaction mentioned herein.
The Homeowner cited, Appraisal Fraud, Fraud in the Inducement, Fraud in the Execution and Usury as some of the elements of the Transaction, to rescind the subject loan.
Please refer to Mortgage Assignments 1&2 these legally deficient assignments pro-ported to transfer the Table Funded Loan to Deutsche Bank Trust Company as Trustee for Argent 2006-M1, the Trust was closed in 2006 but, the Assignments did not pro-port to transfer the property until 2008 or about 24 months after the Trust closed.
The Servicer created a Default Event sometime in 2007 from that time onward the Transaction became subjected to the Statute of limitations according to §95.11(2)(c), Fla.Stat.
The Servicer, having deliberately not recognized the fact that the Home-owner rescinded the Loan timely, the Servicer have continued to date, to, serve the homeowner with mortgage monthly bills and thus have increased the principal amount with several hundreds of thousands of dollars for every which reason, including force placed insurance and every fee one can imagine. The debt have increased to a figure in excess of 200 percent since the homeowner have rescinded the Transaction.
The Home-Owner therefore alleges many legal counter-claims against the Servicer and its agents including those which are governed under the FDCPA.
The Servicer have failed to appropriately Verify the Debt as requested by the Home-Owner, the Servicer have chosen to simply disregard the fact that the Home-Owner rescinded the Transaction timely.
The property is underwater by as much as three hundred percent. The Promissory note which the Servicer provided in court is not authentic.
In light of the foregoing, the Home-Owner is kindly requesting a Lien release, and a timely return of the Original Promissory Note, if the latter if at all available.