{"took":206,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":8,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"2706109","_score":14.500046,"_source":{"product":"Mortgage","complaint_what_happened":"I contacted Wells Fargo for help. I lost my job and was waiting on my social security XXXX but scared my savings was dwindling. I started XXXX plan in XXXX XXXX at {$25.00} for 6 months. In XXXX XXXX I received notification of XXXX award. Was informed to complete loan modification paperwork beginning of XXXX with award letter, XXXX and 2 bank statements showing award money. Submitted XXXX XXXX. Tried to make XXXX payment of {$25.00} and told not to which did n't make sense. Received award letter from Wells Fargo on XXXX XXXX ( dated XXXX XXXX ) of trial modification payment of {$630.00} which surprised me because the amount had only gone down XXXX {$30.00}. Created list of questions I needed answers for as I did n't understand breakdown. I had also included a list of my expenses along with my mortgage application totalling close to {$2000.00}. My income was listed at {$2300.00} when my award letter stated {$1800.00}. I was brushed off and brushed off by so many people I lost track but will try to document majority. I also contacted XXXX XXXX since I learned they owned the loan and Wells Fargo just serviced it. XXXX @ XXXX XXXX informed me that if my SSD benefits had zero deductions then I should not be 'uptaxed ' as Wells Fargo had done : showing my monthlly income of {$1800.00} with zero deductions as {$2300.00} on my loan modification award letter. I also reached out to Springboard as HUD counselor listed on my letter from Wells Fargo and she told me the same thing, zero deductions = monthly income from SSD. I spoke with XXXX on XXXX/XXXX/XXXX. \nI did appeal the loan modification amount 2 times as I never heard back, once mid XXXX and the other on XXXX XXXX. \nPeople spoken to : original loan specialist XXXX XXXX from XXXX XXXX to present to answer my questions from Wells Fargo : XXXX on XXXX/XXXX/XXXX as XXXX not available Lm for XXXX on XXXX XXXX : interest rate going up or balloon payment, will trial pmt change, can I bring current & refinance. \nLm for XXXX on XXXX @ XXXX - she did call back and gave me 40 years, XXXX stay XXXXXXXXXXXX. I asked why I did n't have to make the 6th XXXX payment and she just said I did n't have to. Also said the amount to refinance was {$78000.00}. \nXXXX/XXXX/XXXX called XXXX XXXX @ XXXX XXXX XXXX ) listed on my modification letter. She told me I should have no uptax since my social security XXXX benefits have zero deductions. \nXXXX/XXXX/XXXX XXXX for XXXX XXXX, called back and spoke to a XXXX and XXXX @ XXXX. \nXXXX/XXXX/XXXX called for XXXX, no answer, then a XXXX XXXX, XXXX and XXXX @ XXXX. \nXXXX/XXXX/XXXX sent email to XXXX with my dispute and documentation : award letter XXXX long version that listed 25 % of my SSD award going to lawyer ), appeal document @ XXXX. \nXXXX/XXXX/XXXX called & spoke to XXXX since XXXX did n't answer and said I had sent appeal AND award letter. I finally was able to get XXXX 's email address to forward the documents because XXXX was not there, this was a Friday. She sure did n't want to give me her email!!! \nXXXX/XXXX/XXXX called XXXX @ XXXX XXXX to verify the zero deduction = zero uptax on income, yep! \nXXXX/XXXX/XXXX called lawyer for free legal consultation XXXX/XXXX/XXXX XXXX for XXXX @ XXXX XXXX/XXXX/XXXX called for XXXX @ XXXX, she was not available but would send her email to get in touch with me, reference for me to use was XXXX XXXX/XXXX/XXXX LM for XXXX @ XXXX XXXX to see if she could please provide me with documentation stating to remove the 125 % uptax inflation factor. \nXXXX/XXXX/XXXX received letter from XXXX XXXX that she has to push my date out from XXXX XXXX to XXXX XXXX to answer my questions. \nXXXX/XXXX/XXXX received message ( phone ) from a XXXX XXXX ( I could n't understand ) that XXXX XXXX would now be my go to guy but he was out of the office. \nXXXX/XXXX/XXXX received message that my date for answered questions was now moved to XXXX XXXX, XXXX from a XXXX ( I think ) from the Wells Fargo Executive office. \nXXXX/XXXX/XXXX called to speak to XXXX ended up talking to XXXX who will get with manager to research my account. She then sent me to XXXX in customer service to dispute my late payment XXXX XXXX XXXX when XXXX told me to not pay. XXXX informed me I needed to contact XXXX to dispute. I asked her if she knew where the credit information came from and she said no. I said, it rains from the sky. I had to tell her that it was Wells Fargo and she was in customer service. WOW!! \nXXXX/XXXX/XXXX received email from XXXX XXXX that I will have a point of contact and her name is XXXX for my case # XXXX. She was supposed to get back to me but did n't. Everyone drops the ball do n't they??? \nXXXX/XXXX/XXXX called XXXX and left her a message I needed to speak with her. No response. XXXX. \nAlso want to add that I spoke with XXXX XXXX and he informed me that the 25 % uptax probably came from the award letter I sent in. I said I sent 4 award letters. The 1st was the whole one with all information including the payment to the lawyer and then 3 more with the last one being signed by the manager at the social security office. Every single document has no deductions. \nI also received a letter that they had received my appeal and were going over my documents in great detail. The same day I received a letter saying my appeal was denied and that I had not submitted any other documents. Funny thing is, my 1st appeal was XXXX XXXX but both letters were dated XXXX XXXX. Funny how I could go thru the appeal process and all my information was looked at the DAY BEFORE I submitted it???? \nI received a letter from XXXX XXXX dated XXXX XXXX indicating a few answers. \n1. Payment is affordable based on my documents submitted. Really? And that includes my list of expenses they were going to look at? Of which I had a {$390.00} loan payment at my credit union, credit card bills ( 3 ) payments of XXXX, water bill {$60.00}, heat/electricity {$180.00}, car insurance {$100.00}, cell phone {$68.00}, car {$60.00}, etc. plus I need to pay {$13000.00} for the new roof I had to put on in XXXX of XXXX. \n2 Removal of PMI. Nope. I said It was comical that I had just received a letter saing my PMI was ready to fall off and he says they ca n't do that because I am past due for more than one month. I was current on all my payments until I came to Wells Fargo and they said of course they could help and would look at everything and adjust APR and add on years according to my income and expenses! \n3. My credit - again he states that there is nothing they can do for the month they told me not to pay because I was done with forebearance and in modification process. They CAN and should have let me at least make the {$25.00} payment so I did n't show as not making a payment. Had I known I would have insisted onmakinng. It is n't my fault they told me to not pay it, they should fix it and I know they can as I used to work for a credit reporting agency so I do know they can! \n4. Escrow shortage-I still have no concrete answer as to how the calculation was/is determined. He just talks around and around and around. \n5. Income - this is bull! He now states that they, as a mortgage servicer, are abiding by HAMP guidelines. Funny I looked up HAMP and it does n't apply to me as it is for loans made before XXXX! \nI now have the pleasure of working with XXXX XXXX. I spoke to her today and had given her the persons name at XXXX XXXX and telephone information. She told me today that she had not called her and that she had no need to. \n\nThat was the kicker! Are they trying to foreclose on my home? I had zero past due payments prior to Wells Fargo \" helping me '' and have made every single pament on time now except for XXXX. I am fed up with them and their fraudulent means to extract more money from me by increasing my income! How can they legally do this???? I am really ticked. My credit has dropped over XXXX points because of this stupid company and I am beyond angry!! Especially with them trying to take advantage of a person who is medically XXXX and barely gets around! I have XXXX XXXX XXXX and XXXX XXXX and  XXXX and just found out this week that I might have XXXX XXXX also! What did I do to deserve crap from them? I made every payment on time to them prior to this and I went to them for help BEFORE I was past due and even offered to pay my homeowners of {$630.00} and my taxes that were roughly {$1300.00} but they would have none of that! \n\nI have all kinds of emails and letters and more logs but this logged me out last time so we will save it for the next round!","date_sent_to_company":"2017-10-18T22:39:02.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"48439","tags":null,"has_narrative":true,"complaint_id":"2706109","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2017-10-18T21:00:24.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["I lost my job and was waiting on my social <em>security</em> XXXX but scared my savings was dwindling. I started XXXX plan in XXXX XXXX at {$25.00} for 6 months. In XXXX XXXX I received notification of XXXX <em>award</em>. Was informed to complete <em>loan</em> modification paperwork beginning of XXXX with <em>award</em> letter, XXXX and 2 bank statements showing <em>award</em> money. Submitted XXXX XXXX. Tried to make XXXX payment of {$25.00} and told not to which did n't make sense."]},"sort":[14.500046,"2706109"]},{"_index":"complaint-public-v1","_id":"2563882","_score":9.44888,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I 'm a XXXX Veteran, pending a TDIU claim with the Dept. of VA, which is over 15yrs old now. In both XX/XX/XXXX & XX/XX/XXXX, I had to file Chapter XXXX Bankruptcy due to the XXXX dragging mentality of the DVA and the MANY other discrepancies involving the Administrative/Procedural Due Process, or the LACK, thereof. <P/>I am NOT expecting everyone to kiss my behind, or \" Thank '' me for my service, due to my Veteran status, but I DO expect people to do their job. For the Record ... I do NOT live beyond my financial means. <P/>XX/XX/XXXX : Prior to being awarded XXXX, I was living on $ XXXXmo.. I had over $ 500mo in bills. I almost lost my house in XXXX XXXX, during this time & luckily, Social Security pulled through, otherwise I 'd be homeless. <P/>The debt for that bankruptcy was DISCHARGED and an Affirmation agreement with XXXX was filed. ENTER : XXXX merges w/XXXX, not long afterwards ( XX/XX/XXXX ). <P/>Between XX/XX/XXXX-XX/XX/XXXX : Even though I was granted XXXX in XX/XX/XXXX by XXXX, most of that retro pay went towards paying XXXX back payments, Atty. fees & late fees. From then on though, my house was showing definitive signs of disrepair. I could no long make the repairs, nor could I afford to pay someone to do it. I asked the City of XXXX XXXX, XXXX for help and a housing rep determined that the house was in dire need of repair and that it would cost around {$49000.00} to bring it up to code. I also qualified for a ZERO interest loan. At that time, the housing market was way below value. Contractors bid and ALL were way over the amount estimated! After this, I made just about EVERY ATTEMPT to find someone/anyone to repair my home, but to no avail. I contacted many charitable orgs., churches, the Dept of VA ... all fell on deaf ears! <P/>My last ditch effort put me in a deeper hole. I contacted XXXX ( homeowners ins. Co. ) and after a month, they CANCELLED my policy! I had them for over 15 yrs ( Home & Auto )! That caused this downward trend to escalate. XXXX then forced me onto THEIR \" IN HOUSE '' Insurance, which later, it was found that they overcharged many people w/the same insurance. I did n't partake in the class action which took place around XX/XX/XXXX-XX/XX/XXXX. <P/>In XX/XX/XXXX, I had to do something, being that my roof was severely leaking and a ceiling in one bedroom and my kitchen had collapsed. The second bedroom was still intact, but I had to put holes to drain the water into buckets. This is NO JOKE. I have pictures that I posted online to prove this! My oil furnace always seemed to quit at/or around XXXX! I had to go into the crawl space to reprime it. My XXXX part of the house was showing green, black and white mold in the rooms effected with water leaking through. I came to a conclusion, that it was time for me to move or DIE, breathing in mold spores. <P/>In XX/XX/XXXX, the DVA \" Miraculously '' granted a XXXX XXXX XXXX XXXX XXXX XXXX. I found another house in XXXX ( current address ) and got out of this cold State. <P/>I informed XXXX of my intent to abandon the XXXX property, via letter and by phone. They insisted that I partake in a financial discussion, which I determined was their attempt to keep me in the home, after I informed them w/a \" Deed in Lieu of ''. It was determined, that XXXX took possession of the property, when someone entered the premises, threw a tarp on the roof, filled the sewer lines w/anti freeze and changed the locks. They maintained the property and paid County taxes. At least I THOUGHT they did ... <P/>From XX/XX/XXXX to XX/XX/XXXX-XX/XX/XXXX, I did n't receive correspondence from ANYONE regarding the XXXX address. When out of the blue, I receive a letter from an Atty in XXXX that represented the County of residence in XXXX. <P/>It appears that XXXX, seeing the condition of the house, decided to \" surrender '' it back to XXXX XXXX. In doing so, NO ONE from XXXX informed me of their intent, so back taxes accrued, along with lot mowing fees and ( other residents ) trash dumped on the property. You can say, that I was absolutely STUMPED! <P/>I also discovered that XXXX XXXX refuses to release the Lien, unless I fork over {$1000.00}, even DURING a BK proceeding?! So, getting this house off my back & my name off the deed, is virtually impossible! <P/>After seeing that I am NOW liable for all these expenses, I had no alternative but AGAIN, filed Chapter XXXX, in hoping that I could release my self completely from this property which I had abandoned in XX/XX/XXXX! <P/>I contacted XXXX atty 's. out of XXXX, with the intention of getting completely released from any/all obligations from this 80 ton anchor in XXXX, XXXX, INCLUDING having my name taken off the deed! It did n't turn out that way, even though during my first contact, I was promised that it would be. <P/>I ended up paying the back taxes and fees left to me by XXXX and my name is STILL on the deed. This STILL keeps me tied to this property, because I am close to CURRENT on taxes! <P/>Prior to filing the Petition in the BK Court, I insisted that I wanted to Keep my XXXX home and pay off the small loan which both were under Wells Fargo. I was told though, that by BK LAW, I had to disclose in the Petition, ALL debts and ALL assets. <P/>I was sent an inaccurate Reaffirmation Agreement to ensure to the bank, that I intended to keep the home. I noticed though, that the \" agreement '' was n't accurate. The interest rate was wrong, the amount to be agreed upon was higher than it was supposed to be and the address was n't accurate. I put it aside and was going to address it shortly thereafter. I was on a strict deadline to file the petition. <P/>I ALSO went to a local XXXX XXXX branch and told the account rep that even if the loan is discharged, that I wanted to keep the TRUST established with this bank and to prove it, I was willing to continue paying off the loan. While there, I voluntarily paid {$150.00} ( which I have a receipt for ) to show GOOD FAITH. What a waste of time, effort and much needed cash this turned out to be. <P/>The hearing was held. <P/>Even though I 'm considered below the Poverty Level, for some reason, the trustee determined that I had sufficient funds to pay ( buy back ) for any outstanding debt?! <P/>Both Wells Fargo and the XXXX county tax office filed claims. This trustee also determined that an appraiser was to come to my XXXX home and list all the items that is considered of value. She did so and as I had seen, was a fair assessment! <P/>Yet, the trustee determined that I had {$5000.00} worth of value!? For exactly 12 months I had to pay {$410.00} each month, which clearly put me in a financial bind. I did so. Somehow though, this whole proceeding just does n't seem quite right. <P/>WHY should I have to pay for the taxes and misc. fees incurred on a house in XXXX which I abandoned, XXXX took possession of and still, XXXX XXXX has a Lien on? AND ... WHY did Wells Fargo end up filing a claim against me for the Personal Loan, when I informed them of my intent AND paid them {$150.00} which they did n't even deduct from the claim they sneakily filed!? <P/>Further ... ENTER : The Reaffirmation Agreement and the credit damage that it has caused ... It is ( at the time of this submittal ) XX/XX/XXXX, my Credit history is if I were just starting off fresh, out of High School! There are portions of it that are completely FALSE & MISLEADING! I was n't aware of whos XXXX up it was, until I decided to apply for a car loan and was told that I had a \" XXXX FICA SCORE! \"? XXXX? Yes ... there 's NO activity on my account, even my Mortgage payments that were being made since the petition filing ... here 's why ... <P/>That Reaffirmation agreement which was inaccurate was FORGOT ABOUT and remained tucked in deep within my paperwork. That was MY FAULT! I had a deadline to maintain and a mountain of paperwork to file to the Court. I did n't know that it was n't addressed, until XX/XX/XXXX. <P/>I do n't know if it 's Wells Fargo who failed by it 's inaccuracy, the ATTY OR STAFF at XXXX ( handling the BK ) or the Bankruptcy Court Clerk ( Because of the \" BK Court '' letterhead on top of page ). <P/>Regardless of who, I can not establish a Bona Fide credit standing, because Wells Fargo informed me that it was to late to correct the problem, being that the proceedings are over and the debt was DISCHARGED! However, Wells Fargo is still taking mortgage payments and NOT reporting them to the Credit Bureau. They informed me that in order to establish credit, I have an option of obtaining a Credit Card and/or going to another bank and refinance!? <P/>First, I DO NOT want any more credit cards. Second, their stupid idea of refinancing is ludicrous, being that I would have to fork over cash to complete a process, when all I wanted to do was re-establish a TRUST with this bank, despite the prank they pulled a yr or so ago! Third, HOW is anyone else going to even consider doing a \" refinance '', with my credit standing as it is today? <P/>Now I DISTRUST this bank! <P/>In conclusion ... \nNot that I am passing blame, however, ALL of this falls under the jurisdiction of the Dept. of Veterans Affairs! The 15+ yr old claim should have been awarded as early as XX/XX/XXXX. Social Security determined that I was \" XXXX XXXX XXXX '' XXXX in their decision ... why not the DVA?! Even though, this is n't this Agencys problem, it is worth mentioning that I would n't be in this financial mess if the DVA resolved the claim in an expeditious manner. <P/>So, when people at this bank \" Thanks '' me for my service, do n't waste your breath! Your actions show different. _________________________________________________________________________ Issue # 2,  but not as lengthy ... Under XXXX, my Credit report shows that I owe {$49000.00}. This is NOT TRUE! I owed close to $ 40,000+/- to XXXX mortgage, which was discharged in XX/XX/XXXX. XXXX merged with XXXX sometime around XX/XX/XXXX. <P/>ALL the accounts listed are CLOSED. Nor were all my mortgage debts 100 % paid off! This was not of my doing. <P/>Please forgive for the length!","date_sent_to_company":"2017-07-01T16:55:26.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"33936","tags":"Servicemember","has_narrative":true,"complaint_id":"2563882","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2017-07-01T13:45:53.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["<P/>XX/XX/XXXX : Prior to being <em>awarded</em> XXXX, I was living on $ XXXXmo.. I had over $ 500mo in bills. I almost lost my house in XXXX XXXX, during this time & luckily, Social <em>Security</em> pulled through, otherwise I 'd be homeless. <P/>The debt for that bankruptcy was DISCHARGED and an Affirmation agreement with XXXX was filed. ENTER : XXXX merges w/XXXX, not long afterwards ( XX/XX/XXXX )."],"product":["<em>Credit</em> reporting, <em>credit</em> repair services, or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[9.44888,"2563882"]},{"_index":"complaint-public-v1","_id":"3397267","_score":8.587607,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX of the property since XXXX. Front porch or stairs pulling away from your home Bowed Walls upper level. Home address XXXX XXXX XXXX. XXXX XXXX Florida. Damaged roofing and blocked guttering. ceilings exposed to water damage and flooding.Cracking. ... Cracked roof tiles or damaged 'pointing ' ( the cement sealant along the roof joins. roof and ceilings exposed to water damage and flooding. ..caused the damage.gaps where the walls and floors meet. Uneven or bouncy floors. Nail pops, In addition, Breach of a duty or obligation imposed at law Damages Code of Regulations The Florida Law REAL AND PERSONAL PROPERTY CHAPTER 701. ASSIGNMENT AND CANCELLATION OF MORTGAGES. 701.01 Assignment. 701.02 Assignment not effectual against creditors unless recorded .Structural defects in a building, Defective work the workmanship, builder for poor quality of work and/or in the materials used wood when concrete was suppose to used or systems used on a project that results in a failure of a component part of a building or structure and caused to whole house to be damaged damage to property. Also I am owed a refund. Legally, one party 's failure to fulfill any of its contractual obligations is known as a \" breach '' of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Contract cancelled, notes and instruments. That I never signed. Never authorized forged documents. Satisfactory filed to cancel these forged documents. 701.04 Cancellation of mortgages, liens, and judgments. Restitution I am owed as a result of the following faulty construction Landscaping and soil ; Faulty drainage ; Foundation, floor, :CANCELLATION OF MORTGAGES 701.041 A unjustifiable failure by one party to perform his terms of a ... failure, without legal excuse, to perform any promise that forms all or part of the contract.actual contract breach also occurs if a party performs his or her obligations but fails to comply with the contract 's terms. This kind of breach occurs when the guilty party breaches the contract 's essential conditions. Never had a contract with XXXX XX/XX/XXXX to transfer to A servicer. Your have filed this document on my credit file. If this false information physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction continues. contract, a formal and agreed promise ... frame, does not meet the terms of the agreement, or damages against the builder in contract fails perform at all.party fails to fulfill his legal Their legal obligations. This includes failure to perform in a manner that did not build my home as agreed and Much damage has occurred as a unlicensed activity according to the blue print is Breach of Contract breach of contract is when the terms of an agreement between parties are broken by one parties., breach of contract demand letter identifies an individual or party that has failed to perform as specified under a previously agreed upon contract.AFFIDAVIT A specific performance breach of contract. The construction of the Home. \nPlaintiff complaint filed by XXXX XXXX the Court received testimony and evidence and heard argument. Plaintiff XXXX XXXX At the conclusion of the trial, the Court announced that XXXX XXXX XXXX XXXX, Incorporated, as listed was liable to. XXXX XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX individually for failing to construct the home in accordance with the contract and the applicable building codes. Conduct among other things, fraudulent documents were generated scheme detailed in this claim. In doing so the bank misrepresented and over stated the value of the property and understated the loan value ratio in the loan documents. This constitutes fraud in the inducement as a pattern of racketeering activity. Corrupt organization arising of a mortgage being conducted malfeasants in violation 18 U.S.C. FS 1962. Remedy rule relating to must respond with an answer. After receiving the complaint. I did not consent to be named as a party on my behalf estates imposed Other Documents. Negligently unprivileged publication to a third party ; there is a breach of contract and in publishing the communication. Failure to perform obligations, illegal, and failure protect confidential information confidentiality is important caused by another person can sue for emotional distress ... fault amounting to at least negligence ; and 4 ) damages, experienced significant anxiety or distress. A heavy burden upon concerning a controversy commissioning have been named by another Where servicer violations fraud error in  mortgage loan or a modification scheme Complaints : Solutions from revolves around a purposeful misrepresentation of fact loan stacking mortgage fraud as any \" misstatement, misrepresentation, or omission in relation to a mortgage loan which is then relied upon by a lender. '' Mortgage fraud. Dispute the errors with the credit bureaus. ... Including but not limited to Stolen Identity arising out of use of the Internet. A Stolen Identity include the theft or unauthorized or illegal use of business name, d/b/a method of identifying business activity. Further, notifying major credit bureaus, the Federal Trade Commission mortgage fraud includes fraud by false representation evidence of false documentation and fraud by failing to disclose information. The mortgage fraud victims fraud prohibited the state is a defense requires at least a copy of the contract you signed with the original company to enforcement of the contract.XX/XX/XXXX XXXXXX/XX/XXXX Actions Based phishing counterfeit documents, Split The created forged Actions Based on Breach of Contract promissory notes and scheme copy of the forged note breached contract has exposed my personal financial information. victim of data breach, mortgage fraud still happens. Mortgage loan account has been breached the misrepresentation ( s ), misstatement ( s ) and/or omission ( s ) of material fact that were made ; XX/XX/XXXX. XXXX XXXX address is XXXX XXXX XXXX, XXXX, VA XXXX XX/XX/XXXX XX/XX/XXXXe XXXX XXXX, whose address is XXXX XXXX XXXX, XXXX XXXX, FL XXXX to and in favor of XXXX XX/XX/XXXX XXXX XXXX following described property situated in of Florida upon the XXXX XXXX, XXXX Florida such Mortgage having been given to secure payment of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dollars and XXXX ( {$120000.00} ( Include the Original Principal Amount ) which Mortgage is of record in Book , County, State of Florida. Created forged Instruments and together with the note ( s ) under such Mortgage an obligation therein described and the money due and to become due thereon in favor of XXXX XXXX XXXX XXXX XXXX \nMIN : XXXX -3 MERS Phone XXXX MERS Multistate   Assignment of Mortgage XXXX ; XXXX ( XXXX XXXX XXXX XX/XX/XXXX 2M3 Page 1 of 2 VMP MORTGAGE FORMS - ( XXXX ) XXXX Mortgage fraud Create a Fraud File Unauthorized illegal use of my business name, Credit information fraudsters illegally faked an Identity Theft, Mortgage fraud, identity theft, the mortgage account number, mortgage fraud reported data breach, mortgage fraud, this victim of data breach information may have ... working with third-party. contract, which termination could result in Related Third Party. Any sort of \" material misstatement,  misrepresentation, or omission relating to the property. Misstatement, Misrepresentation deliberate misrepresentation and deception : deceptive practices including predatory ... Various deceptive and fraudulent practices by mortgage lenders, ... by misrepresenting information, XXXX contends he is not personally liable for any damages XXXX XXXX engaged in unfair and deceptive trade practices, or any other type Court has disposed of that motion by Any person injured in his business or property by reason of a violation of section XXXX of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been  actionable as fraud in the purchase or ... 18 U.S.C. XXXX - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure XXXX separate order. \nof fraudulent behavior. ORDERED AND ADJUDGED that Plaintiff XXXX XXXX shall recover from Defendant XXXX XXXX XXXX XXXX XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annum. DONE AND ORDERED at XXXX XXXX, XXXX XXXX, Florida, this XXXX day of XX/XX/XXXX. \nsuffered by Plaintiff. He argues that any liability lies with the corporation. Plaintiff argues that XXXX XXXX is individually liable because he personally performed some of the work on the house. As a general principal, a corporate officer or employee may be not held personally liable for acts of the corporation, absent evidence of wrongdoing, such as fraud. lenders which contained false statements. The sums obtained by the appellants ... I Placed a fraud alert and freeze on credit report File a police report. The first thing you should do is file a police report with local police department. Identity theft, property title theft identity theft until a mortgage originator pulls credit score in preparation for a home loan, Loan Fraud mortgage fraud identity theft, the victims are unaware scams A Stolen Identity Event is the theft or your personal identification, social security number, or other method of identifying result in the wrongful use of such information, Stolen Identity use this information unauthorized transactions on my Credit card fraud is the unauthorized use of a credit Request that the fraudulent accounts be removed from my credit file.. fraudulent charges Satisfaction of Mortgage required to release the lien and obtain the title. Use the Satisfaction of Mortgage document property through a private loan agreement that is now paid in full. The mortgage lien release, a document also known as the 'satisfaction of mortgage ', is a document that is acquired from, and to recover damages from signed by a mortgage lender. This document is an acknowledgement, that states, that the XXXX previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all. Advise the lender that I have yet to receive its \" release of lien '' document. Note you have written proof of payoff of the mortgage, including your mortgage loan note marked \" Paid. '' The mortgage lien release, if the other party hadnt breached the contract. A document the satisfaction of mortgage, is a document that is acquired from, and signed by a mortgage lender. This document is an acknowledgement, that states, that the ( previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all parties as paid in full. Once the satisfaction document has been filed and updated with the land registry or county registry, a clear title shall be returned to the land owner A Satisfaction of Mortgage, also known as a Mortgage Lien Release, the mortgagee ( financial institution ) advising that the mortgage has been paid in full, all terms of the loan have been satisfied and there will no longer be a lien on the property. This means the borrower has completely repaid their loan to the lender as agreed upon ( inclusive of late fees or other required payments by the lender ). Legal remedies for breach of contract. For example, a person may be entitled to monetary compensation if the other party fails to live up to the terms of the contract. The Payee Name false representation of a start to consider the possible remedies The Owner ( s ) never signed by the property Owner never signed Loan obligation under the agreement. \nXXXX XXXX  XXXX XXXX of Virginia said to be the mortgage holder of Loan Total amount of mortgage Mortgage date of execution Full and legal description of the property to include tax parcel number Acknowledgement that all payments have been made in full Acknowledgement releasing the lender from filing a lien against the property. fails to do something they agreed to do, for any type of personal loan within three days of making the contract. Remedies can be awarded. Indeed, under Florida law, Date signed and signature of all appropriate parties. Breach of Contract, contracts may be cancelled within a three-day period. ... Federal law says you can cancel a contract. Recorded with the local County Recorders Office or Land Registry. Once the Satisfaction of Mortgage is filed the lien is lifted. parties involved in a contract failed to follow or do their duties and responsibilities that are related to the contract. Breach of Contract : Remedies The remedies for breach of contract include the following : money damages, restitution, rescission, reformation, and specific performance. position he or she would have been in if the other party hadnt breached the contract. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. XXXX XXXX contracted with XXXX XXXX XXXX XXXX XXXX, for the ( c ) Any person injured in his business or property by reason of a violation of section XXXX of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section XXXX. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final. \nconstruction of a house. Defendant XXXX XXXX was the president of the corporation and signed the contract on behalf of the corporation. XXXX personally, performed some of the construction work himself. Since completion of Plaintiff 's house, the corporation has been dissolved. Plaintiff has sued the corporation and XXXX XXXX individually for failing to construct the home in breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by the Florida courts. ... They may include a specific performance requirement, performance breach of contract. accordance with the contract and the applicable building codes. ORDERED AND ADJUDGED that Plaintiff XXXX XXXX shall recover from Defendant XXXX XXXX XXXX XXXX XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annual. DONE AND ORDERED at XXXX XXXX, XXXX XXXX, Florida, this XXXX day of XX/XX/XXXX. Instrument # XXXX # XXXX XX/XX/XXXX. XXXX XXXX to repair our credit.. There is about {$200000.00} worth of damage to the home. I am due a refund and the home was built by unlicensed contractors. The structural damage i am entitled to refund. Contract is also broken to transfer to a third party.","date_sent_to_company":"2019-10-07T21:20:53.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"32114","tags":"Older American","has_narrative":true,"complaint_id":"3397267","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2019-10-06T20:11:35.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["Identity theft, property title theft identity theft until a mortgage originator pulls <em>credit</em> score in preparation for a home <em>loan</em>, <em>Loan</em> Fraud mortgage fraud identity theft, the victims are unaware scams A Stolen Identity Event is the theft or your personal identification, social <em>security</em> number, or other method of identifying result in the wrongful use of such information, Stolen Identity use this information unauthorized transactions on my <em>Credit</em> card fraud is the unauthorized use of a <em>credit</em> Request"]},"sort":[8.587607,"3397267"]},{"_index":"complaint-public-v1","_id":"3453872","_score":6.6856685,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX, XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX  XXXX. and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$650000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s ) follows : FROM : XXXX XXXX, a living woman, XXXX XXXX, As Attorney In Fact, XXXX XXXX XXXX XXXXXXXX, CA XXXX, XX/XX/XXXX, TO : XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX , XXXX, Foreclosure Trustee, XXXX XXXX   XXXX, XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, TO : XXXX XXXX, CEO, Bayview Loan Servicing LLC, RESPONDENT, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX, FL XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels,  collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1.  .. In regards to Foreign or Interstate Commerce : Public Law 89-485 July 1, 1966 AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a  transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ;  Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least two hundred fifty thousand dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS  COMMENCED UPON THE FOLLOWING : 1 )  Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the  freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( XX/XX/XXXXEdition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, XXXX XXXX, XXXX XXXXAttorney in Fact, XXXX XXXX, Alternative Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERAL, XXXX XXXX, Attorney General, XXXX. XXXX   XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX  XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX","date_sent_to_company":"2019-11-30T05:44:20.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453872","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","date_received":"2019-11-30T00:31:21.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["it is illegal to <em>loan</em> <em>credit</em>. ( see ) 12 CFR 223.14."],"company":["Community <em>Loan</em> Servicing, LLC (formerly known as Bayview <em>Loan</em> Servicing, LLC)"]},"sort":[6.6856685,"3453872"]},{"_index":"complaint-public-v1","_id":"3453884","_score":6.531597,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX, XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX XXXX XXXX, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX  XXXX. and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$650000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no  collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical.  However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s ) follows : FROM : XXXX XXXX, a living woman, XXXX XXXX, As Attorney In Fact, XXXX XXXX XXXX  XXXX, CA XXXX, XX/XX/XXXX, TO : XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, Foreclosure Trustee, XXXX XXXX XXXX, XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, TO : XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, RESPONDENT, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX, FL XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 July 1, 1966 AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights  and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, XXXX XXXX, XXXX XXXX in Fact, XXXX XXXX, Alternative Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERAL, XXXX XXXX, Attorney General, XXXX. XXXX  XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX","date_sent_to_company":"2019-11-30T05:53:47.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453884","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"Law Offices of Les Zieve","date_received":"2019-11-30T00:47:49.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["it is illegal to <em>loan</em> <em>credit</em>. ( see ) 12 CFR 223.14."]},"sort":[6.531597,"3453884"]},{"_index":"complaint-public-v1","_id":"3453878","_score":6.5066547,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX XXXX XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX XXXX, XXXX XXXX XXXX  and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$370000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s )  follows : FROM : XXXX XXXX XXXX, a living man XXXX XXXX XXXX  XXXX XXXX, CA. XXXX XX/XX/XXXX XXXX XXXX, President CEO, XXXX XXXX XXXX XXXX. XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX, PA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX CLEAR RECON CORP. , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, AZ XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 XX/XX/XXXX AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 )  says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective XX/XX/XXXX. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, _________________________  XXXX XXXX XXXX XXXX Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERA, XXXX XXXX, Attorney General, XXXX. XXXX  XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX XXXX","date_sent_to_company":"2019-11-29T23:06:40.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453878","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2019-11-29T23:01:13.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["it is illegal to <em>loan</em> <em>credit</em>. ( see ) 12 CFR 223.14."]},"sort":[6.5066547,"3453878"]},{"_index":"complaint-public-v1","_id":"3453814","_score":6.5066547,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX  XXXX XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX XXXX, XXXX XXXX XXXX and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$370000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under XXXX8 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its  Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s )  follows : FROM : XXXX XXXX XXXX, a living man XXXX XXXX XXXX  XXXX XXXX, CA. XXXX XX/XX/XXXX XXXX XXXX, President CEO, BSI Financial Services XXXX. XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX, PA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, XXXX East XXXX XXXX, XXXX XXXX, XXXX, AZ XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 XX/XX/XXXX AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST  The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through  judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective XX/XX/XXXX. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on  a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, _________________________  XXXX XXXX XXXX XXXX Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX RECORDERS OFFICE, XXXX XXXX XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERA, XXXX XXXX, Attorney General, XXXX. XXXX  XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX  XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX XXXX","date_sent_to_company":"2019-11-29T22:51:17.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453814","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Servis One, Inc., Titusville, PA Branch","date_received":"2019-11-29T22:40:09.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["it is illegal to <em>loan</em> <em>credit</em>. ( see ) 12 CFR 223.14."]},"sort":[6.5066547,"3453814"]},{"_index":"complaint-public-v1","_id":"8196195","_score":6.1246996,"_source":{"product":"Checking or savings account","complaint_what_happened":"I was notified that, after over XXXX months, my fraud claim with my bank, Bank of America, was ineligible for fraud protection and a permanent credit in the amount of {$2200.00}. I was, however, accredited {$23.00} from this same claim. \n\nBefore I begin explaining why this resolution is illegitimate on their part and overall inaccurate, Id like to begin by giving you background on both myself and the fraud claim. Ive also done extensive research on the remote server used to compromise my phone and the fraudulent customer service line over the past XXXX months. In this letter, I include citations from multiple articles regarding this type of fraudulent scheme, as well as my phone records as I requested from my service provider. As a disclaimer, my service provider ( XXXX ) stated that it can not provide a more intrusive phone record detailing the exchange due to privacy reasons, but I will reference each call made on XX/XX/XXXX which led to me being a victim of fraud. \n\nIve been a customer of Bank of America ( BOA ) for 10 years, since I was XXXX XXXX XXXX. This is the only bank account Ive ever held and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nI am XXXX XXXX XXXX and I XXXX from XXXX XXXX XXXX in the spring with a XXXX XXXX XXXX XXXX. I was awarded tuition coverage due to having a very difficult financial situation ( single family household ). I took out several student loans as cushion for my monthly rent as a student, on top of working up to XXXX hours a week at minimum wage jobs. Thus, as I hope to express to you, I am in student loan debt of over {$20.00} XXXX XXXX  but have worked diligently to pull myself out. Currently, I am so grateful and proud to have been awarded a XXXX position at XXXXXXXX XXXX, which is my first salaried job. Everything I have worked for thus far amounts to this achievement, and I hope to continue my schooling and eventually have a high paying job to help retire my family and get us out of financial debt. I am only given about {$45.00} XXXX a year prior to taxes, but I have never been more grateful to be recognized for my achievements and be able to pursue my studies. I know that at the end of this 5 year program, I will be able to pay off my debt, have a good job, and no longer have to live paycheck to paycheck. \n\nIt is my first semester of my XXXX so I just moved to XXXX XXXX XXXX. As stated before, this is my first salary job, my biggest expense is my monthly rent which is about {$1500.00}. I have never spent more than {$300.00} on myself in XXXX sitting in my life, I do not have the luxury to spend money. I am working tirelessly to set aside money to pay my student loans monthly to help alleviate the burden of my debt. I was even awarded an extra {$5.00} XXXXXXXX XXXX XXXX fellowship by XXXX XXXX  this year, due to my academic and personal merit, I planned to use all that extra money for my loans. As for most people, my financial situation defines me sometimes. I have to be careful with my money, I have always understood the value and importance of the money I earn because without it, I simply can not survive. I would never compromise the money I use to keep myself sheltered, fed and clothed, especially not when I just moved to a new city by myself and started my dream job. \n\nWith that being said, I want to discuss the fraud claim itself : how I ended up in this situation and why it is both unjust and inaccurate to deny my claim. I have an XXXX in which I write all of my notes for my classes and research ; it took me a year to pay off but by XXXX of this year, I fully paid it off and have been using it for my XXXX  research since starting my new position. On Monday, XX/XX/XXXX, right before my midterm exams, my XXXX stopped working and I understandably freaked out as all of my notes were stored in it. I had meetings and presentations which depended on these notes. I spoke to my university advisors and friends who all advised me to call XXXX XXXX, a support line set up for XXXX products. Ive done this before for phone/macbook/airpod issues and knew Id be able to get some help. I googled the phone number for apple support, and XXXX websites popped up under support.apple.com, XXXX sponsored and XXXX not. The website templates and layout were identical and I made sure to check this ; you can even see for yourself if you XXXX this. So I chose the first XXXX, the sponsored site, as I believed a sponsored site must be more legitimate. I called the phone number ( XXXX ( XXXX ) XXXX ) and was helped by a woman who sympathized with my situation. This is provided in the phone record attached ( under my number XXXX ) at XXXX XXXX on Monday XX/XX/XXXX to a toll-free number for XXXX minutes. She went on to explain that a lot of XXXX are having this problem due to the new software update, and that shed be happy to assist me with fixing my XXXX after XXXX ID XXXX This is a standard procedure, Ive had my Apple ID verified by XXXX many times before. She started to suggest ways for me to get the XXXX working in the meantime ; I genuinely thought she was helping me. XXXX minutes into the call, she said that I had multiple fraudulent charges on my XXXX XXXX XXXX account ( which is used to pay for my XXXX  ) amounting to almost {$2000.00}. She began frantically exclaiming that she needs to verify my identity so as to prevent further charges on my account. She instructed me to download XXXX on my XXXX, I repeatedly asked why and she said that she gains verification to my XXXX ID that way. \n\nI downloaded the app, I really just needed help with my XXXX as all of my work depended on it, and I became increasingly worried about the so-called suspicious charges on my account. She was able to then display a screen on my phone with a negative {$1500.00} balance in my XXXX Credit card, I really began to panic. I had no idea that this app was a remote server and she was able to compromise my phone and manipulate me into believing there was a problem. After downloading the app, she asked me to use XXXX or cashapp to send money to my coworker, who was sitting right next to me. I kept asking why, she said that my XXXX XXXX is connected to these accounts and they need to verify my identity by ensuring my coworker receives the funds on their end, then they are able to wipe the suspicious charges off of my account and help me with my XXXX. They said it was a two-step, full-proof verification process. Additionally, she kept exclaiming that my money was safe as it was going to my friend/coworkers account, right next to me, and nothing would happen to it. Looking back, I understand that this all sounds very convoluted and scam-like, but, in the moment, all of my coworkers and my advisors believed it was legitimate. This is how sophisticated the fraud was. \n\nMy coworker created a cashapp account named asdfghjkl just for me, under her number ( XXXX ) ; I was sitting right next to her guiding her through the process, no bank account was linked to it, it was solely for me to send my money to and keep within the account until the verification process was over. I sent the amount of {$2200.00} in increments of {$1100.00}, {$1100.00}, and {$23.00} to this cashapp account, which was again, made solely for me. The fraud customer service had remote server-ed into both of our phones at this point without our knowledge, then, within an instant my funds were no longer in the cashapp account. I began XXXX  and the customer service line told me to check my bank account ; here, I saw that the cashapp payments had been reversed and no money was taken out of my account. As per the XXXX article What are XXXX XXXX : Is XXXX XXXX to Download?, a woman named XXXX XXXX went through a very similar ordeal but for the amount of {$23.00} XXXX dollars. XXXX was unaware because she could see the extra money in her bank account but the fraudsters took control of XXXX computer through XXXX and secretly transferred funds to make it seem as if no money had been taken. So, the fraud scheme is impingent on the leveraging of this remote server app to manipulate the victim by compromising their bank accounts. Again, I reiterate that this app was used as a remote server to tap into my friend/coworker and Is payment profiles and bank accounts, to make it seem like all of my money was untouched. \n\nAt this point, Id like to mention that, as per any police report, I was interrogated by a detective and sworn to tell the truth when filing a report on this matter. All of the officers and detectives filed it under grand larceny as the XXXX account was made solely for my purposes, otherwise, they too were not going to take this fraud claim seriously and waive it off as an authorized transaction. I was under oath to tell the truth and I explained this exact situation to them after XXXX hours of traveling to different stations and meeting with different officers, to which all of the detectives and officers were extremely sympathetic and filed the report so that my bank and XXXX could help me. Again, given the large amount of money and my unwillingness to send the money to the fraud line and no goods or property given in exchange, this is a typical case of grand larceny. I provided the police report number already, but in case it was mistakenly left out of consideration for my fraud claim : XXXX. \n\nAfter tapping into my bank account, the fraud customer service line called me from a different number : ( XXXX ) XXXX at XXXX pm, which lasted XXXX minutes. They then said they unexpectedly had a server shut down and theyd call back in an hour. Right after the call ended, I checked my bank account again and was terrified to see that the payments were charged to my account again ; so, there were XXXX initial payments, XXXX reversals, and XXXX payments made after I ended the call, without my knowledge. I began to frantically call everyone and everything I could think of : my mom ( who I called at XXXX pm ), the fraud customer service line ( to plead with them, to which they then began to scream at me and demand more money ) who I called at XXXX and XXXX XXXX, the bank ( called at XXXX XXXX ), the real XXXX support line ( called at XXXX XXXX ), etc. I reported this as fraud as soon as possible to Bank of America, the representatives were so helpful and calming during this time. I was pacing around my campus, hysterically crying and genuinely thought I would unfortunately die without this money. After filing it as fraud, I went to the police station and filed the report. I spent days not sleeping, eating, or drinking water, calling Bank of America repeatedly to talk to someone, wondering what would happen to me. I am sad to say I thought very dark things during this time- because the thought of an additional debt, XXXX which threatened my new job and the shelter security I had, was just all too much. I was so relieved when the bank issued my temporary credit and when the police sided with me and gave me a support number, as well as the detective providing his personal phone number in case anything went wrong. I could finally focus on my work and feel like I could move on from this situation, though very traumatized and never trusting of online services again. Id also like to mention that both my coworker and I contacted cashapp customer service to which they were of no help ; they only provided us with a small detail about the bank information of the fraud servicing line for which my funds were transferred to : Stride national bank. Id hate to burden my coworker more as they too have had to change all passwords and create new bank accounts due to the risk of our information being stolen by the fraud service. Ive done everything in my power to learn from this situation ; I am constantly in fear that my identity will be stolen as they saw all my passwords, part of my SSN, and my bank information. \n\nI frantically checked the BOA message center a lot the first month and a half after filing the claim ; I hadnt seen any updates, so I let it be. This past month, right before my last XXXX final exams of my first semester as a XXXX  student, I checked my bank account to see a negative balance, {$2200.00} was taken out of my account due to the claim being resolved. I, again, frantically called BOA fraud servicing line ( as I practically have it on speed dial now ), and again, the representative calmed me down and reopened the claim. I was not alerted at all about this. She advised me to provide phone records to show my phone was compromised ; I asked my service provider ( XXXX ) and did research online to find that service providers can only provide phone call records, and that the bank should be able to deal with the rest. So, I am providing my phone call records for reference as well. I have provided the timestamps of the phone calls to each of these entities throughout this letter to provide a timeline, and show that none of these transactions amounting to the {$2200.00} are legitimate nor were authorized by me. Additionally, Id like to point out that, in the BOA claims resolution letter, {$23.00} was accredited to me from this same fraud scheme. However, the overwhelming amount of {$2200.00} was not. I do not understand the discrepancy and feel as though I should be properly compensated and protected from fraud as a customer of yours for over 10 years. \n\nThis past week, after XXXX weeks of waiting and providing this supplemental letter and phone records ( as well as the my police report already on file ), Bank of America still rejects my fraud claim as legitimate. I was not alerted until days after the claim was \" resolved '' on their end. I am a student, I do not have the luxury to spend over 3 months fighting with the Bank, XXXX, etc. over {$2000.00}. I desperately need my money back, I received no goods or services in exchange, I do not understand how else to prove that this if fraud, and without this money, I do not know what I will do. I can not get a second job, I am already a full-time student and full-time researcher. I do not deserve this.","date_sent_to_company":"2024-01-21T23:14:33.000Z","issue":"Problem with a lender or other company charging your account","sub_product":"Checking account","zip_code":"10025","tags":null,"has_narrative":true,"complaint_id":"8196195","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2024-01-21T22:46:07.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Transaction was not authorized"},"highlight":{"complaint_what_happened":["I am working tirelessly to set aside money to pay my student <em>loans</em> monthly to help alleviate the burden of my debt. I was even <em>awarded</em> an extra {$5.00} XXXXXXXX XXXX XXXX fellowship by XXXX XXXX  this year, due to my academic and personal merit, I planned to use all that extra money for my <em>loans</em>. As for most people, my financial situation defines me sometimes."]},"sort":[6.1246996,"8196195"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":8,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":8}]}},"product":{"doc_count":8,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage","doc_count":6,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other type of mortgage","doc_count":6}]}},{"key":"Checking or savings account","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Checking account","doc_count":1}]}},{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":1}]}}]}},"issue":{"doc_count":8,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Struggling to pay mortgage","doc_count":5,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Closing on a mortgage","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Incorrect information on your report","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Account information incorrect","doc_count":1}]}},{"key":"Problem with a lender or other company charging your account","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Transaction was not authorized","doc_count":1}]}}]}},"timely":{"doc_count":8,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":7},{"key":"No","doc_count":1}]}},"company_response":{"doc_count":8,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":7},{"key":"Closed with monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":8,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":8}]}},"company":{"doc_count":8,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"WELLS FARGO & COMPANY","doc_count":2},{"key":"Aldridge Pite, LLP","doc_count":1},{"key":"BANK OF AMERICA, NATIONAL ASSOCIATION","doc_count":1},{"key":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","doc_count":1},{"key":"Law Offices of Les Zieve","doc_count":1},{"key":"SELECT PORTFOLIO SERVICING, INC.","doc_count":1},{"key":"Servis One, Inc., Titusville, PA Branch","doc_count":1}]}},"state":{"doc_count":8,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"CA","doc_count":4},{"key":"FL","doc_count":2},{"key":"MI","doc_count":1},{"key":"NY","doc_count":1}]}},"company_public_response":{"doc_count":8,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":3},{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":3}]}},"tags":{"doc_count":8,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American","doc_count":1},{"key":"Servicemember","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}