{"took":1317,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":23,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"1917880","_score":12.465884,"_source":{"product":"Mortgage","complaint_what_happened":"My mortgage was originated in XXXX by XXXX XXXX, with a list of expensive, abusive and deceptive lending practices. This home was also over appraised, plus the inspector did not notice that the sewage breathing pipe was leaching methane into the home through a hole that was n't capped, that the back of the house was rotting and falling off, the roof was leaking and the barn needed to be taken down, so the value of this home was n't near to the cost. A town appraiser said that the unstable barn should never have been counted in the property appraisal either, as it was an expense, not an asset. \nI am dealing with Wells Fargo/ASC as the servicer. This loan originated with XXXX XXXX, whom was subsequently delisted by the XXXX in XX/XX/XXXX, filed a Chapter XXXX Bankruptcy and became subject of a federal criminal investigation. I was not aware my loan was never assigned to a static entity by the originator within the legal 90 days stated in the IRC for REMIC loans. XXXX XXXX never owned the note or title, they were only a broker, yet XXXX supposedly acting on their behalf, assigned my mortgage in a very untimely manner, which is still against the law. Suddenly an assignment of my mortgage was made almost 4 years after origination in XX/XX/XXXX, after I filed for bankruptcy. I had to file for bankruptcy because of the predatory loans and the banks unwillingness to assist me. The first assignment took place in XX/XX/XXXX, but my mortgage originated XX/XX/XXXX. The broker, \" XXXX XXXX, '' submitted XXXX subprime XXXX loans as owner occupied mortgages, which is also illegal, and is also a part of the fraud at origination. Both of my properties went under water during the housing crash, and the rents on the income property went way down and could no longer cover the mortgage of that property. I also lost a long term partner and his income during this time. The servicer would not work out any fair modifications and the loan was exuberantly unaffordable, especially as they continued to add fees and fines. XXXX continued to assign the mortgage 2 more times by changing wording on each assignment, for a total of XXXX assignments which is also against the Internal Revenue Code law within REMIC loan rules. The Attorney General in Massachusetts ( XXXX XXXX, at the time ) brought a class action suit against XXXX XXXX for several illegal practices of the sub-prime lending scheme that were directly connected to XXXX. These illegal practices harmed homeowners, small investors and the economy. XXXX XXXX had to make payments to the servicers to assist homeowners to reduce their principal and make the homes more affordable. They also had to pay out to small investors whom were harmed as well. In my case, I won {$64000.00}. Barely, if any of this money was applied to my principal, instead it was applied to arrearages, fees and fines.. it was not used to assist me as intended, it never did reduce my loan or make it more affordable. After trying to work with Wells Fargo/ASC on many occasions, I finally gave up, as they had no intentions of helping me in any way and the modification department was always rude to me and still is today. XXXX different people from Wells Fargo have told me its my fault if any funds have been misappropriated. \nNow XXXX XXXX, XXXX XXXX ( that has now added pass through certificates on the last assignment in XX/XX/XXXX ) along with Wells Fargo is foreclosing on the home on XX/XX/XXXX, even though I 'm willing and able to do a short payoff. \nThese lenders have unclean hands and have committed several illegal acts in the origination of this loan, they should be willing to sell it to me for a more accurate value and should have applied most if not all of the {$64000.00} that was for this purpose in the first place. How can anyone try to work with lenders that commit these types of predatory crimes?","date_sent_to_company":"2016-05-10T21:47:33.000Z","issue":"Loan modification,collection,foreclosure","sub_product":"Conventional adjustable mortgage (ARM)","zip_code":"015XX","tags":null,"has_narrative":true,"complaint_id":"1917880","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2016-05-10T21:47:33.000Z","state":"MA","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":["This loan originated with XXXX XXXX, whom was subsequently delisted by the XXXX in XX/XX/XXXX, filed a Chapter XXXX <em>Bankruptcy</em> and <em>became</em> <em>subject</em> of a <em>federal</em> <em>criminal</em> investigation. I was not aware my loan was never assigned to a static entity by the originator within the legal 90 days stated in the IRC for REMIC loans."]},"sort":[12.465884,"1917880"]},{"_index":"complaint-public-v1","_id":"3717769","_score":10.546633,"_source":{"product":"Debt collection","complaint_what_happened":"By letter response dated XX/XX/XXXX and enclosed hereto as Exhibit A, XXXX XXXX ( XXXX ) c/o PHH Mortgage Services ( PHH ) provided the following false and deceptive statements along with forged falsely uttered evidence enclosed thereto : ( 1 ) As displayed on page five of five of the communication and throughout, XXXX and PHH continue to identify the Customer ( s ) for the above referenced account number as the \" Estate of XXXX XXXX XXXX '' ( See Exhibit A ), when no such estate or person exist and the Estate of XXXX XXXX XXXX has no interest in the subject property or subject account number. ; ( 2 ) As displayed on page one of five of the XX/XX/XXXX communication, XXXX and PHH declared they were not involved in the origination of the account and therefore would not be able to comment on concerns regarding the origination. ( See Exhibit A ), which is proof that everything declared under penalty of perjury in the foreclosure action under Docket No.  XXXX pertaining to the original transaction is unsubstantiated - unauthenticated hearsay because neither XXXX or PHH have knowledge as to whether or not the original transaction is fraud in factum, the product of illegalities by XXXX XXXX XXXX   XXXX ( XXXX XXXX XXXX ) and subject to set-off and recoupment. \n( 3 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated there is no single owner of the account, but rather the account is one of many in a securitized investment trust, XXXX XXXX  XXXX-NC1 Mortgage Pass-Through Certificates, Series XXXX-NC1. ( See Exhibit A ), a statement that XXXX and PHH omitted in the pleadings filed in the above docket number, you omitted the names and identities of the multiple owners ( alleged ) for the subject account number in their XX/XX/XXXX communication and have yet to provide a notice of new creditor as required by federal law ( See 15 U.S.C. section 1641 ( g ) ). ; ( 4 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and / or PHH declared they are servicing the account for XXXX XXXXt XX/XX/XXXX-NC1 Mortgage Pass-Through Certificates, Series XXXXNC1 ( XXXX XXXX XX/XX/XXXX-NC1 ) ( See Exhibit A ), without presenting a power of attorney as required by XXXX XXXX in the foreclosure action under Docket No. XXXX or within XXXX and PHHs XX/XX/XXXX correspondence ( See Exhibit A ) to prove their claims of agency. ; ( 5 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated that XXXX XXXX XXXX XXXX ( XXXX XXXX ) is the trustee for XXXX XXXX XXXX-NC1 and the alleged trustee does not own the subject account ( See Exhibit A ), which is a claim omitted from XXXX and PHHs pleadings in the foreclosure action under Docket No. XXXX ( See Exhibit L ), contradicts their statements set forth within the instrument titled CORPORATE ASSIGNMENT OF MORTGAGE that they enclosed within their XX/XX/XXXX communication wherein XXXX XXXX as Trustee for XXXX XXXXt XXXX-NC1 is designated owner of the subject mortgage loan as of XX/XX/XXXX for an alleged good and valuable consideration that XXXX XXXX as Trustee for XXXX XXXX XXXX-NC1 paid to XXXX XXXX  XXXX, XXXX. as Trustee for XXXX XXXX   XXXXNC1 ( See Exhibit B ), and the alleged assignment is five years after Ocwen Loan Servicing ( Ocwen ) commenced its foreclosure action against me in Docket No. XXXX by complaint filed on XX/XX/XXXX for the subject mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the subject mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX became a chapter XXXX bankruptcy debtor on XX/XX/XXXX ( to present date ) in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX ( XXXX ) ( See Exhibit C ). ; ( 7 ) XXXX and / or PHH claimed on page two of five of their XX/XX/XXXX communication that the loan originated with Mortgage Electronic Registration Systems ( MERS ) as the original beneficiary of the Mortgage solely as nominee for the original lender its successors and assigns without presenting a power of attorney as required by XXXX XXXX in either their pending foreclosure action in Doc.  No. XXXX or their correspondence XX/XX/XXXX ( See Exhibit A ). ; ( 8 ) XXXX and PHH referenced on page two of five of their XX/XX/XXXX communication a MIN number that is associated with the above referenced account number without providing an authoritative copy of the transferable record as I previously requested and they are required to provide pursuant to 15 U.S.C. section 7021 ( f ). ; ( 9 ) XXXX and PHH claimed on page two of five of their XX/XX/XXXX communication that the subject account is past due for the XX/XX/XXXX payment and further claimed on page three of five of their XX/XX/XXXX communication that The Litton Payment History enclosed to their communication reflects all credits and disbursements made to the account by Litton and the resulting account status., all of which is false and they continue to omit and conceal : ( i ) the trial modification agreement offered by Litton Loan and executed by me on XX/XX/XXXX, requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were all timely paid and cashed by Litton Loan ( See Exhibit D ), and the latter failed to permanently modify the transaction or apply payments to the subject account ; ( ii ) a total of {$10000.00} in payments that were made to and cashed by Litton Loan for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit E ) ; and ( iii ) a total of {$5100.00} in payments that were tendered and presented to Litton Loan for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were returned by Litton Loan for several varying reasons, the middle of which instructed me to refer to my already deceased husband on the payment ( See Exhibit F ). ; ( 10 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that It was determined that the foreclosure proceedings were initiated on XX/XX/XXXX, at that time the account was past due for XX/XX/XXXX payment, followed by their claim on the same page that the account was referred to foreclosure on XX/XX/XXXX. At the time of the referral, the account was past due for the XX/XX/XXXX payments. ( See Exhibit A ), and those statements are false, deceptive and contradictory because : ( i ) Litton Loan did indeed commence a foreclosure action on XX/XX/XXXX under Docket No. : XXXX which is the same day my husband died, and the underlying complaint matured the subject account number and demanded the total amount due thereunder as of XX/XX/XXXX ( See Exhibit G ) ; ( ii ) XXXX and PHH are falsely implying in the pending foreclosure action under Docket No. XXXX ( See Exhibit L ) and within their XX/XX/XXXX communication ( See Exhibit A ) that payments were made and applied towards the subject account for the installments due XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX when they were not ; ( iii ) they are claiming the subject account was referred to foreclosure on XX/XX/XXXX, at which time, Ocwen was still prosecuting a foreclosure for the subject account under Docket No. XXXX declaring a default as of XX/XX/XXXX until the matter was voluntarily dismissed by Ocwen on XX/XX/XXXX ( See Exhibit H ). ; ( 11 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that XXXX XXXX XXXX ( XXXX XXXX ) is their foreclosure attorney for the foreclosure action under Docket No. XXXX wherein XXXX XXXX  as Trustee for XXXX XXXX XXXX-NC1 is designated plaintiff ( See Exhibit L ) while, according to a recorded telephone conversation placed to XXXX XXXX Corporate Trust services on XX/XX/XXXX, XXXX XXXX employees indicated that : ( i ) they have no knowledge about or ownership of the subject loan, account number or address ; ( ii ) they have no knowledge about or involvement with the present and pending foreclosure under docket number XXXX ; and ( iii ) they have never retained XXXX XXXX to initiate and maintain the present and pending foreclosure under docket number XXXX. ; and ( 12 ) the note instrument that XXXX and PHH enclosed with their XX/XX/XXXX communication that is certified to be a true copy remains payable to XXXX XXXX XXXX and the last page ( five of five ) is followed by a Notice of Right to Cancel ( See Exhibit I ), and is not followed by the separate forged counterfeit piece of paper that they previously caused to be electronically filed with the NJ Superior Court in the pending foreclosure action under Docket No. XXXX ( under penalties pursuant to 18 U.S.C. section 1343 and other state and federal criminal statutes ) by XXXX XXXX, XXXX. ( XXXX XXXX ) of XXXX XXXX that is certified to be a true and correct copy of the original instrument and includes a separate piece of paper behind page five of five that bears a counterfeit and undated stamp misrepresented to be an indorsement by XXXX XXXX ( See Exhibit J ), the latter of whose varying and forged signatures and stamps are documented by the Florida Office of the Attorney General Economic Crimes Division report titled Unfair, Deceptive And Unconscionable Acts In Foreclosure Cases ( Id. at Page 61-62 of 98 ) ( See Exhibit K ).","date_sent_to_company":"2020-06-26T16:27:35.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3717769","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-26T16:16:42.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["XXXX by complaint filed on XX/XX/XXXX for the <em>subject</em> mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the <em>subject</em> mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX <em>became</em> a chapter XXXX <em>bankruptcy</em> debtor on XX/XX/XXXX ( to present date ) in the U.S. <em>Bankruptcy</em> Court for the District of Delaware under Case No."]},"sort":[10.546633,"3717769"]},{"_index":"complaint-public-v1","_id":"3717756","_score":10.533123,"_source":{"product":"Debt collection","complaint_what_happened":"By letter response dated XX/XX/XXXX and enclosed hereto as Exhibit A, XXXX XXXX ( XXXX ) c/o PHH Mortgage Services ( PHH ) provided the following false and deceptive statements along with forged falsely uttered evidence enclosed thereto : ( 1 ) As displayed on page five of five of the communication and throughout, XXXX and PHH continue to identify the Customer ( s ) for the above referenced account number as the \" Estate of XXXX XXXX XXXX '' ( See Exhibit A ), when no such estate or person exist and the Estate of XXXX XXXX XXXX has no interest in the subject property or subject account number. ; ( 2 ) As displayed on page one of five of the XX/XX/XXXX communication, XXXX and PHH declared they were not involved in the origination of the account and therefore would not be able to comment on concerns regarding the origination. ( See Exhibit A ), which is proof that everything declared under penalty of perjury in the foreclosure action under Docket No. XXXX pertaining to the original transaction is unsubstantiated - unauthenticated hearsay because neither XXXX or PHH have knowledge as to whether or not the original transaction is fraud in factum, the product of illegalities by XXXX XXXX XXXX   XXXX ( New Century Mortgage ) and subject to set-off and recoupment. \n( 3 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated there is no single owner of the account, but rather the account is one of many in a securitized investment trust, XXXX Trust XXXX Mortgage Pass-Through Certificates, XXXX XXXX. ( See Exhibit A ), a statement that XXXX and PHH omitted in the pleadings filed in the above docket number, you omitted the names and identities of the multiple owners ( alleged ) for the subject account number in their XX/XX/XXXX communication and have yet to provide a notice of new creditor as required by federal law ( See 15 U.S.C. section 1641 ( g ) ). ; ( 4 ) As displayed on page two of five of the  XX/XX/XXXX communication, XXXX and / or PHH declared they are servicing the account for XXXX Trust XXXX Mortgage Pass-Through Certificates, XXXX XXXX ( XXXX Trust XXXX ) ( See Exhibit A ), without presenting a power of attorney as required by N.J.S.A. XXXX in the foreclosure action under Docket No. XXXX or within XXXX  and PHHs XX/XX/XXXX correspondence ( See Exhibit A ) to prove their claims of agency. ; ( 5 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated that XXXX XXXX XXXX XXXX ( XXXX XXXX ) is the trustee for XXXX XXXX XXXX and the alleged trustee does not own the subject account ( See Exhibit A ), which is a claim omitted from XXXX and PHHs pleadings in the foreclosure action under Docket No. XXXX ( See Exhibit L ), contradicts their statements set forth within the instrument titled CORPORATE ASSIGNMENT OF MORTGAGE that they enclosed within their XX/XX/XXXX communication wherein XXXX XXXX  as Trustee for XXXX XXXX XXXX is designated owner of the subject mortgage loan as of XX/XX/XXXX for an alleged good and valuable consideration that XXXX XXXX as Trustee for XXXX XXXX XXXX paid to XXXX XXXX XXXX, XXXX. as Trustee for XXXX XXXX XXXX ( See Exhibit B ), and the alleged assignment is five years after Ocwen Loan Servicing ( Ocwen ) commenced its foreclosure action against me in Docket No. XXXX by complaint filed on XX/XX/XXXX for the subject mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the subject mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX became a chapter XXXX bankruptcy debtor on XX/XX/XXXX ( to present date ) in the U.S.  Bankruptcy Court for the District of Delaware under Case No. XXXX ( XXXX ) ( See Exhibit C ). ; ( 7 ) XXXX and / or PHH claimed on page two of five of their XX/XX/XXXX communication that the loan originated with XXXX XXXX XXXX XXXX ( XXXX ) as the original beneficiary of the Mortgage solely as nominee for the original lender its successors and assigns without presenting a power of attorney as required by N.J.S.A. 46:2B-8.2 in either their pending foreclosure action in XXXX. No. XXXX or their correspondence XX/XX/XXXX ( See Exhibit A ). ; ( 8 ) XXXX and PHH referenced on page two of five of their XX/XX/XXXX communication a MIN number that is associated with the above referenced account number without providing an authoritative copy of the transferable record as I previously requested and they are required to provide pursuant to 15 U.S.C. section 7021 ( f ). ; ( 9 ) XXXX and PHH claimed on page two of five of their XX/XX/XXXX communication that the subject account is past due for the XX/XX/XXXX payment and further claimed on page three of five of their XX/XX/XXXX communication that XXXX   XXXX Payment History enclosed to their communication reflects all credits and disbursements made to the account by XXXX and the resulting account status., all of which is false and they continue to omit and conceal : ( i ) the trial modification agreement offered by XXXX XXXX and executed by me on XX/XX/XXXX, requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were all timely paid and cashed by XXXX XXXX ( See Exhibit D ), and the latter failed to permanently modify the transaction or apply payments to the subject account ; ( ii ) a total of {$10000.00} in payments that were made to and cashed by XXXX XXXX for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit E ) ; and ( iii ) a total of {$5100.00} in payments that were tendered and presented to XXXX XXXX for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were returned by XXXX XXXX for several varying reasons, the middle of which instructed me to refer to my already deceased husband on the payment ( See Exhibit F ). ; ( 10 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that It was determined that the foreclosure proceedings were initiated on XX/XX/XXXX, at that time the account was past due for XX/XX/XXXX payment, followed by their claim on the same page that the account was referred to foreclosure on XX/XX/XXXX. At the time of the referral, the account was past due for the XX/XX/XXXX payments. ( See Exhibit A ), and those statements are false, deceptive and contradictory because : ( i ) XXXX XXXX did indeed commence a foreclosure action on XX/XX/XXXX under Docket No. :  XXXX which is the same day my husband died, and the underlying complaint matured the subject account number and demanded the total amount due thereunder as of XX/XX/XXXX ( See Exhibit G ) ; ( ii ) XXXX and PHH are falsely implying in the pending foreclosure action under Docket No. XXXX ( See Exhibit L ) and within their XX/XX/XXXX communication ( See Exhibit A ) that payments were made and applied towards the subject account for the installments due XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX when they were not ; ( iii ) they are claiming the subject account was referred to foreclosure on XX/XX/XXXX, at which time, Ocwen was still prosecuting a foreclosure for the subject account under Docket No. XXXX declaring a default as of XX/XX/XXXX until the matter was voluntarily dismissed by Ocwen on XX/XX/XXXX ( See Exhibit H ). ; ( 11 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that XXXX XXXX XXXX ( XXXX XXXX ) is their foreclosure attorney for the foreclosure action under Docket No. XXXX wherein XXXX XXXX   as Trustee for XXXX XXXX XXXX is designated plaintiff ( See Exhibit L ) while, according to a recorded telephone conversation placed to XXXX XXXX  XXXX XXXX services on XX/XX/XXXX, XXXX XXXX employees indicated that : ( i ) they have no knowledge about or ownership of the subject loan, account number or address ; ( ii ) they have no knowledge about or involvement with the present and pending foreclosure under docket number XXXX ; and ( iii ) they have never retained XXXX XXXX to initiate and maintain the present and pending foreclosure under docket number XXXX. ; and ( 12 ) the note instrument that XXXX and PHH enclosed with their XX/XX/XXXX communication that is certified to be a true copy remains payable to XXXX XXXX XXXX  and the last page ( five of five ) is followed by a Notice of Right to Cancel ( See Exhibit I ), and is not followed by the separate forged counterfeit piece of paper that they previously caused to be electronically filed with the NJ XXXX XXXX in the pending foreclosure action under Docket No. XXXX ( under penalties pursuant to 18 U.S.C. section 1343 and other state and federal criminal statutes ) by XXXX XXXX, XXXX. ( XXXX XXXX  ) of XXXX XXXX that is certified to be a true and correct copy of the original instrument and includes a separate piece of paper behind page five of five that bears a counterfeit and undated stamp misrepresented to be an indorsement by XXXX XXXX ( See Exhibit J ), the latter of whose varying and forged signatures and stamps are documented by the Florida Office of the Attorney General XXXX XXXX XXXX report titled Unfair, Deceptive And Unconscionable Acts In Foreclosure Cases ( Id. at XXXX XXXX of XXXX ) ( See Exhibit K ).","date_sent_to_company":"2020-06-26T16:40:41.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3717756","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-26T16:19:34.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["XXXX by complaint filed on XX/XX/XXXX for the <em>subject</em> mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the <em>subject</em> mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX <em>became</em> a chapter XXXX <em>bankruptcy</em> debtor on XX/XX/XXXX ( to present date ) in the U.S.  <em>Bankruptcy</em> Court for the District of Delaware under Case No."]},"sort":[10.533123,"3717756"]},{"_index":"complaint-public-v1","_id":"3717999","_score":10.5180855,"_source":{"product":"Debt collection","complaint_what_happened":"By letter response dated XX/XX/XXXX and enclosed hereto as Exhibit A, XXXX XXXX XXXX XXXX  ) c/o PHH Mortgage Services ( PHH ) provided the following false and deceptive statements along with  forged falsely uttered evidence enclosed thereto : ( 1 ) As displayed on page five of five of the communication and throughout, XXXX  and PHH continue to identify the Customer ( s ) for the above referenced account number as the \" Estate of XXXX XXXX XXXX '' ( See Exhibit A ), when no such estate or person exist and the Estate of XXXX XXXX XXXX has no interest in the subject property or subject account number. ; ( 2 ) As displayed on page one of five of the XX/XX/XXXX communication, XXXX  and PHH declared they were not involved in the origination of the account and therefore would not be able to comment on concerns regarding the origination. ( See Exhibit A ), which is proof that everything declared under penalty of perjury in the foreclosure action under Docket No.  XXXX pertaining to the original transaction is unsubstantiated - unauthenticated hearsay because neither XXXX  or PHH have knowledge as to whether or not the original transaction is fraud in factum, the product of illegalities by XXXX XXXX XXXX   XXXX ( XXXX XXXX XXXX ) and subject to set-off and recoupment. \n( 3 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX  and PHH stated there is no single owner of the account, but rather the account is one of many in a securitized investment trust, XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX. ( See Exhibit A ), a statement that XXXX and PHH omitted in the pleadings filed in the above docket number, you omitted the names and identities of the multiple owners ( alleged ) for the subject account number in their XX/XX/XXXX communication and have yet to provide a notice of new creditor as required by federal law ( See 15 U.S.C. section 1641 ( g ) ). ; ( 4 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX  and / or PHH declared they are servicing the account for XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX ( XXXX XXXX XXXX ) ( See Exhibit A ), without presenting a power of attorney as required by N.J.S.A. XXXX in the foreclosure action under Docket No. XXXX or within XXXX and PHHs XX/XX/XXXX correspondence ( See Exhibit A ) to prove their claims of agency. ; ( 5 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX  and PHH stated that XXXX XXXX XXXX XXXX ( XXXX XXXX ) is the trustee for XXXX XXXX XXXX and the alleged trustee does not own the subject account ( See Exhibit A ), which is a claim omitted from XXXX  and PHHs pleadings in the foreclosure action under Docket No. XXXX ( See Exhibit L ), contradicts their statements set forth within the instrument titled CORPORATE ASSIGNMENT OF MORTGAGE that they enclosed within their XX/XX/XXXX communication wherein XXXX XXXX as Trustee for XXXX XXXX XXXX is designated owner of the subject mortgage loan as of XX/XX/XXXX for an alleged good and valuable consideration that XXXX XXXX as Trustee for XXXX XXXX XXXX paid to XXXX XXXX XXXX, XXXX. as Trustee for XXXX XXXX XXXX ( See Exhibit B ), and the alleged assignment is five years after Ocwen Loan Servicing ( Ocwen ) commenced its foreclosure action against me in Docket No. XXXX by complaint filed on XX/XX/XXXX for the subject mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the subject mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX  became a chapter XXXX bankruptcy debtor on XX/XX/XXXX ( to present date ) in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXXXXXX ( XXXX ) ( See Exhibit C ). ; ( 7 ) XXXX  and / or PHH claimed on page two of five of their XX/XX/2020communication that the loan originated with Mortgage Electronic Registration Systems ( MERS  ) as the original beneficiary of the Mortgage solely as nominee for the original lender its successors and assigns without presenting a power of attorney as required by N.J.S.A. 46:2B-8.2 in either their pending foreclosure action in Doc. No. XXXX or their correspondence XX/XX/XXXX ( See Exhibit A ). ; ( 8 ) XXXX  and PHH referenced on page two of five of their XX/XX/XXXX communication a MIN number that is associated with the above referenced account number without providing an authoritative copy of the transferable record as I previously requested and they are required to provide pursuant to 15 U.S.C. section 7021 ( f ). ; ( 9 ) XXXX  and PHH claimed on page two of  five of their XX/XX/XXXX communication that the subject account is past due for the XX/XX/XXXX payment and further claimed on page three of five of their XX/XX/XXXX communication that The Litton Payment History enclosed to their communication reflects all credits and disbursements made to the account by Litton and the resulting account status., all of which is false and they continue to omit and conceal : ( i ) the trial modification agreement offered by Litton Loan and executed by me on XX/XX/XXXX, requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were all timely paid and cashed by Litton Loan ( See Exhibit D ), and the latter failed to permanently modify the transaction or apply payments to the subject account ; ( ii ) a total of {$10000.00} in payments that were made to and cashed by Litton Loan for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit E ) ; and ( iii ) a total of {$5100.00} in payments that were tendered and presented to Litton Loan for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were returned by Litton Loan for several varying reasons, the middle of which instructed me to refer to my already deceased husband on the payment ( See Exhibit F ). ; ( 10 ) XXXX  and PHH claimed on page three of five of their XX/XX/XXXX communication that It was determined that the foreclosure proceedings were initiated on XX/XX/XXXX, at that time the account was past due for XX/XX/XXXX payment, followed by their claim on the same page that the account was referred to foreclosure on XX/XX/XXXX. At the time of the referral, the account was past due for the XX/XX/XXXX payments. ( See Exhibit A ), and those statements are false, deceptive and contradictory because : ( i ) Litton Loan did indeed commence a foreclosure action on XX/XX/XXXX under Docket No. :  XXXX which is the same day my husband died, and the underlying complaint matured the subject account number and demanded the total amount due thereunder as of XX/XX/XXXX ( See Exhibit G ) ; ( ii ) XXXX  and PHH are falsely implying in the pending foreclosure action under Docket No. XXXX ( See Exhibit L ) and within their XX/XX/XXXX communication ( See Exhibit A ) that payments were made and applied towards the subject account for the installments due XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX when they were not ; ( iii ) they are claiming the subject account was referred to foreclosure on XX/XX/XXXX, at which time, Ocwen was still prosecuting a foreclosure for the subject account under Docket No. XXXX declaring a default as of XX/XX/XXXX until the matter was voluntarily dismissed by Ocwen on XX/XX/XXXX ( See Exhibit H ). ; ( 11 ) XXXX  and PHH claimed on page three of five of their XX/XX/XXXX communication that XXXX XXXX XXXX ( XXXX XXXX ) is their foreclosure attorney for the foreclosure action under Docket No. XXXX wherein XXXX XXXX   as Trustee for XXXX XXXX XXXX is designated plaintiff ( See Exhibit L ) while, according to a recorded telephone conversation placed to XXXX XXXX XXXX XXXX services on XX/XX/XXXX, XXXX XXXX employees indicated that : ( i ) they have no knowledge about or ownership of the subject loan, account number or address ; ( ii ) they have no knowledge about or involvement with the present and pending foreclosure under docket number XXXX ; and ( iii ) they have never retained XXXX  XXXX  to initiate and maintain the present and pending foreclosure under docket number XXXX. ; and ( 12 ) the note instrument that NewRez and PHH enclosed with their XX/XX/XXXX communication that is certified to be a true copy remains payable to XXXX XXXX XXXX and the last page ( five of five ) is followed by a Notice of Right to Cancel ( See Exhibit I ), and is not followed by the separate forged counterfeit piece of paper that they previously caused to be electronically filed with the NJ Superior Court in the pending foreclosure action under Docket No. XXXX ( under penalties pursuant to 18 U.S.C. section 1343 and other state and federal criminal statutes ) by XXXX XXXX, XXXX. ( Attorney XXXX ) of XXXX XXXX that is certified to be a true and correct copy of the original instrument and includes a separate piece of paper behind page five of five that bears a counterfeit and undated stamp misrepresented to be an indorsement by XXXX XXXX ( See Exhibit J ), the latter of whose varying and forged signatures and stamps are documented by the Florida Office of the Attorney General Economic Crimes Division report titled Unfair, Deceptive And Unconscionable Acts In Foreclosure Cases ( Id. at Page 61-62 of  98 ) ( See Exhibit K ).","date_sent_to_company":"2020-07-14T18:35:28.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3717999","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-26T16:01:13.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["XXXX by complaint filed on XX/XX/XXXX for the <em>subject</em> mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the <em>subject</em> mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX  <em>became</em> a chapter XXXX <em>bankruptcy</em> debtor on XX/XX/XXXX ( to present date ) in the U.S. <em>Bankruptcy</em> Court for the District of Delaware under Case No."]},"sort":[10.5180855,"3717999"]},{"_index":"complaint-public-v1","_id":"3717765","_score":9.701748,"_source":{"product":"Debt collection","complaint_what_happened":"By letter response dated XX/XX/XXXX and enclosed hereto as Exhibit A, XXXX XXXX ( XXXX ) c/o PHH Mortgage Services ( PHH ) provided the following false and deceptive statements along with forged falsely uttered evidence enclosed thereto : ( 1 ) As displayed on page five of five of the communication and throughout, XXXX and PHH continue to identify the Customer ( s ) for the above referenced account number as the \" Estate of XXXX XXXX XXXX '' ( See Exhibit A ), when no such estate or person exist and the Estate of XXXX XXXX XXXX has no interest in the subject property or subject account number. ; ( 2 ) As displayed on page one of five of the XX/XX/XXXX communication, XXXX and PHH declared they were not involved in the origination of the account and therefore would not be able to comment on concerns regarding the origination. ( See Exhibit A ), which is proof that everything declared under penalty of perjury in the foreclosure action under Docket No.  XXXX pertaining to the original transaction is unsubstantiated - unauthenticated hearsay because neither XXXX or PHH have knowledge as to whether or not the original transaction is fraud in factum, the product of illegalities by XXXX XXXX XXXX   XXXX ( XXXX XXXX XXXX ) and subject to set-off and recoupment. \n( 3 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated there is no single owner of the account, but rather the account is one of many in a securitized investment trust, XXXX XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX. ( See Exhibit A ), a statement that XXXX and PHH omitted in the pleadings filed in the above docket number, you omitted the names and identities of the multiple owners ( alleged ) for the subject account number in their XX/XX/XXXX communication and have yet to provide a notice of new creditor as required by federal law ( See 15 U.S.C. section 1641 ( g ) ). ; ( 4 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and / or PHH declared they are servicing the account for XXXX XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX ( XXXX XXXX XXXX ) ( See Exhibit A ), without presenting a power of attorney as required by N.J.S.A. 46:2B-8.2 in the foreclosure action under Docket No. XXXX or within XXXX and PHHs XX/XX/XXXX correspondence ( See Exhibit A ) to prove their claims of agency. ; ( 5 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated that XXXX XXXX XXXX XXXX ( XXXX XXXX  ) is the trustee for XXXX XXXX XXXX and the alleged trustee does not own the subject account ( See Exhibit A ), which is a claim omitted from XXXX and PHHs pleadings in the foreclosure action under Docket No. XXXX ( See Exhibit L ), contradicts their statements set forth within the instrument titled CORPORATE ASSIGNMENT OF MORTGAGE that they enclosed within their XX/XX/XXXX communication wherein XXXX XXXX as Trustee for XXXX XXXX XXXX is designated owner of the subject mortgage loan as of XX/XX/XXXX for an alleged good and valuable consideration that XXXX XXXX as Trustee for XXXX XXXX XXXX paid to XXXX XXXX XXXX, XXXX. as Trustee for XXXX XXXX XXXX ( See Exhibit B ), and the alleged assignment is five years after Ocwen Loan Servicing (  Ocwen ) commenced its foreclosure action against me in Docket No. XXXX by complaint filed on XX/XX/XXXX for the subject mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the subject mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX became a chapter XXXX bankruptcy debtor on XX/XX/XXXX ( to present date ) in the XXXX XXXX  Court for the District of Delaware under Case No. XXXX ( XXXX ) ( See Exhibit C ). ; ( 7 ) XXXX and / or PHH claimed on page two of five of their XX/XX/XXXX communication that the loan originated with XXXX XXXX XXXX XXXX ( XXXX ) as the original beneficiary of the Mortgage solely as nominee for the original lender its successors and assigns without presenting a power of attorney as required by N.J.S.A. 46:2B-8.2 in either their pending foreclosure action in Doc.  No. XXXX or their correspondence XX/XX/XXXX ( See Exhibit A ). ; ( 8 ) XXXX and PHH referenced on page two of five of their XX/XX/XXXX communication a MIN number that is associated with the above referenced account number without providing an authoritative copy of the transferable record as I previously requested and they are required to provide pursuant to 15 U.S.C. section 7021 ( f ). ; ( 9 ) XXXX and PHH claimed on page two of  five of their XX/XX/XXXX communication that the subject account is past due for the XX/XX/XXXX payment and further claimed on page three of five of their XX/XX/XXXX communication that The XXXX Payment History enclosed to their communication reflects all credits and disbursements made to the account by XXXX and the resulting account status., all of which is false and they continue to omit and conceal : ( i ) the trial modification agreement offered by XXXX XXXX and executed by me on XX/XX/XXXX, requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were all timely paid and cashed by XXXX XXXX ( See Exhibit D ), and the latter failed to permanently modify the transaction or apply payments to the subject account ; ( ii ) a total of {$10000.00} in payments that were made to and cashed by XXXX XXXX for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit E ) ; and ( iii ) a total of {$5100.00} in payments that were tendered and presented to XXXX XXXX for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were returned by XXXX XXXX for several varying reasons, the middle of which instructed me to refer to my already deceased husband on the payment ( See Exhibit F ). ; ( 10 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that It was determined that the foreclosure proceedings were initiated on XX/XX/XXXX, at that time the account was past due for XX/XX/XXXX payment, followed by their claim on the same page that the account was referred to foreclosure on XX/XX/XXXX. At the time of the referral, the account was past due for the XX/XX/XXXX payments. ( See Exhibit A ), and those statements are false, deceptive and contradictory because : ( i ) XXXX XXXX did indeed commence a foreclosure action on XX/XX/XXXX under Docket No. : XXXX which is the same day my husband died, and the underlying complaint matured the subject account number and demanded the total amount due thereunder as of XX/XX/XXXX ( See Exhibit G ) ; ( ii ) XXXX and PHH are falsely implying in the pending foreclosure action under Docket No. XXXX ( See Exhibit L ) and within their XX/XX/XXXX communication ( See Exhibit A ) that payments were made and applied towards the subject account for the installments due XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX when they were not ; ( iii ) they are claiming the subject account was referred to foreclosure on XX/XX/XXXX, at which time, Ocwen was still prosecuting a foreclosure for the subject account under Docket No. XXXX declaring a default as of XX/XX/XXXX until the matter was voluntarily dismissed by Ocwen on XX/XX/XXXX ( See Exhibit H ). ; ( 11 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that XXXX XXXX XXXX ( XXXX XXXX ) is their foreclosure attorney for the foreclosure action under Docket No. XXXX wherein XXXX XXXX   as Trustee for XXXX XXXX XXXX is designated plaintiff ( See Exhibit L ) while, according to a recorded telephone conversation placed to XXXX XXXX Corporate Trust services on XX/XX/XXXX, XXXX XXXX employees indicated that : ( i ) they have no knowledge about or ownership of the subject loan, account number or address ; ( ii ) they have no knowledge about or involvement with the present and pending foreclosure under docket number XXXX ; and ( iii ) they have never retained XXXX XXXX to initiate and maintain the present and pending foreclosure under docket number XXXX. ; and ( 12 ) the note instrument that XXXX and PHH enclosed with their XX/XX/XXXX communication that is certified to be a true copy remains payable to XXXX XXXX XXXX and the last page ( five of five ) is followed by a Notice of Right to Cancel ( See Exhibit I ), and is not followed by the separate forged counterfeit piece of paper that they previously caused to be electronically filed with the NJ XXXX XXXX in the pending foreclosure action under Docket No. XXXX ( under penalties pursuant to 18 U.S.C. section 1343 and other state and federal criminal statutes ) by XXXX XXXX, XXXX. ( XXXX XXXX ) of XXXX XXXX that is certified to be a true and correct copy of the original instrument and includes a separate piece of paper behind page five of five that bears a counterfeit and undated stamp misrepresented to be an indorsement by XXXX XXXX ( See Exhibit J ), the latter of whose varying and forged signatures and stamps are documented by the Florida Office of the Attorney General XXXX XXXX XXXX report titled Unfair, Deceptive And Unconscionable Acts In Foreclosure Cases ( Id. at Page 61-62 of 98 ) ( See Exhibit K ).","date_sent_to_company":"2020-06-26T16:34:40.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3717765","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-26T16:18:58.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["XXXX by complaint filed on XX/XX/XXXX for the <em>subject</em> mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the <em>subject</em> mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX <em>became</em> a chapter XXXX <em>bankruptcy</em> debtor on XX/XX/XXXX ( to present date ) in the XXXX XXXX  Court for the District of Delaware under Case No."]},"sort":[9.701748,"3717765"]},{"_index":"complaint-public-v1","_id":"8067740","_score":7.846298,"_source":{"product":"Mortgage","complaint_what_happened":"Transfer of Lien Fraud and Violation of the XXXX XXXX XXXX Adjudicated Deferred Prosecution Agreement the DOJ. \n\nXXXX XXXX, Chief Executive Officer Caliber Home Loans , Inc., and XXXX XXXX, owner of XXXX XXXX XXXX and Caliber Home Loans , IncXXXX violated the XXXX XXXX, XXXX XXXX XXXX XXXX XXXX DOJ Adjudicated Deferred Prosecution Agreement XXXX ( see in attachment ). Caliber became the XXXX for XXXX XXXX in XX/XX/XXXX. Caliber and XXXX XXXX XXXX  are Managerial Partners of real estate investment vehicle known as, XXXX XXXX XXXX XXXX XXXX XXXX  entered into an agreement to buy mortgages and HELOCs from XXXX XXXX XXXX. Caliber and XXXX XXXX XXXX failed to comply with the Sale or Merger section and the Anti Money Laundering rules of the DPA. XXXX XXXX XXXX and Caliber Home Loans , Inc. are Foreign-For-Profit entities and also must comply with the Foreign Corrupt Practices Act. \n\nSale or Merger of XXXX Parties The XXXX Parties agree that in the event they sell, merge, or transfer all or substantially all of their business operations as they exist as of the date of this Agreement, whether such sale is structured as a sale, asset sale, merger, or transfer, it shall include in any contract for sale, merger, or transfer a provision binding the purchaser, or any successor in interest thereto, to the obligations described in this Agreement. \n\nXXXX and XXXX engaged in a series of bad and deceptive business practices by filing fraudulent securities instruments with Property Clerks of government agencies, criminal non-disclosure of the contract/trust sale and price paid for the real estate property purchased, wrongful foreclosure, filing frivolous lawsuits and money laundering. XXXX XXXX XXXX XXXX XXXX  and Caliber were engaged in criminal fraud and money laundering by creating a Trustee contracts with an entity that is not registered to engage in business and/or litigation in the State of Texas. \n\nXXXX filed tens of thousands of fraudulent security instruments with property clerks to transfer liens they didnt legitimately own. XXXX instrument for my personal real estate property was filed with the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX It is fraudulent on its face. It is not a legal document due to the fact that the entity receiving the real estate property is not able to do business and the signee is not authorized as an Attorney-in-Fact. These fraudulent filings were a material step in order for Caliber to seize control of property they do not own, foreclose on them and launder the money. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX was involved in the disbursement and sale of XXXX XXXX XXXX Secured Receivables and the closing of XXXX XXXX XXXX XXXX XXXX. He retired in XXXX and became a member of Calibers Board in XXXX. Short sales and pre-negotiated discounts originally for the borrowers, were, diverted, and packaged for third party lenders such as XXXX XXXXXXXX XXXX  and XXXX under XXXX watch. Those lenders were obligated to offer the borrowers those same short sales and pre-negotiated discounts which they purchased from XXXX per the DPA. Caliber, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX did not comply with the DPA. \n\nPer page 120, SEC XXXX 10-K Report, XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX addressed the disbursements of these assets. Aggregate cash consideration received during XXXX for these real estate secured receivables totaled XXXX XXXX  The Report states that XXXX continued to work with borrowers : As we continued to work with borrowers, we may also agree to a short sale whereby the property is sold by the borrower at a price which has been pre-negotiated with us and the borrower is released from further obligations. The Report also states that, year-ending XX/XX/XXXX that non-credit card receivables were sold to XXXX XXXX XXXX XXXX XXXX It also reported that the mortgage service division contracts were sold ending XXXX XXXX Included is an email for XXXX which states they never owned my HELOC. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  recorded investment transactions with the SEC in XX/XX/XXXX and XX/XX/XXXX. ) This was a short-closed, 13-month investment fund, per the SEC. \n\nOn XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX my account general ledger which stated the new discounted total due on my property was {$55000.00}. It is assumed that Caliber paid {$55000.00} for the HELOC since the balance on that ledger was {$0.00}, as of XXXX Caliber said my outstanding balance was {$140.00}, XXXX XXXX XXXX. Caliber engaged in real estate fraud and money laundering by collecting {$190000.00} on XX/XX/XXXX per their records. Caliber and XXXX XXXX Funds breached the XXXX XXXX XXXX which the successors must be in compliance with. Caliber collected at least {$140000.00} they did not earn. \nBreach of the Agreement If, during the Term of this Agreement, the Department determines, in its sole discretion, that the XXXX Parties have ( a ) committed any crime under U.SXXXX federal law subsequent to the signing of this Agreement, ( b ) at any time provided in connection with this Agreement deliberately false, incomplete, or misleading information, or ( c ) otherwise breached the Agreement, the XXXX Parties shall thereafter be subject to prosecution for any federal criminal violation of which the Department has knowledge, including the charges in the Information described in Paragraph 1, which may be pursued by the Department in the United States District Court for the XXXX XXXX of New York or any other appropriate venue. \n\nCaliber has engaged in many improprieties in collecting debt which they do not legally own. On XX/XX/XXXX, Caliber sent the attached letter Demand for Payment and Notice of Intent to Accelerate as the Servicer for XXXX XXXX. The transfer of XXXX on XX/XX/XXXX, to XXXX XXXX was made after the acceleration notice. My homestead protection instrument was invoked in XX/XX/XXXX to protect my homestead from sale or XXXX. I was a Protected Member of the XXXX Class Action Lawsuit ( violations of RESPA, FDCPA, FCRA, TILA ) which settled favorable for the Members. My loan was disbursed in XXXX of the the XXXX XXXX XXXX XXXX XXXX XXXX Calibers XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX sent a letter in XXXX XXXX XXXX, stating their file was closed due to a payoff of the loan. Calibers XXXX XXXX sued me by using XXXX XXXX XXXX XXXX XXXX  as Trustee for LSF8 Master Participation Trust knowing the contract to sue was illegal and the debt was established to have a XXXX balance in XXXX. XXXX created fraudulent Modification Contracts which did not have any fiduciary principle tying into an amount to cure. Caliber disregarded XXXX XXXX XXXX language which they were obligated to comply with. In an effort to artificially inflate the debt through unlawful financial transactions. Caliber augmented the debt by incorporating 6 years deferred interest on a loan they had no legitimate bases of ownership. Attorney from XXXX XXXX, XXXX XXXX stated in an email in XX/XX/XXXX, that my property was purchased as a short sale from XXXX  XXXX Caliber and XXXX XXXX persistently withheld the contractual and purchase price since XXXX since it would substantiate a lack of ownership of the debt. \n\nFake Closing XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX XXXX ) scheduled a fake closing in which there was no funding on XXXX. Caliber negotiated a short sale with XXXX and XXXX. They defrauded me of {$190000.00}. This is not only fraud, but money laundering. XXXX refused to turn over the XXXX closing package and a copy of the check/wire on XX/XX/XXXX. The Lender ( who was not there ) on that closing stated she did not fund that closing. On XXXX XXXX closed on my property with XXXX to XXXX. XXXX, XXXX and XXXX refuse to send a copy of the check/wire that paid of the debt. The Title Attorney withheld filing the XX/XX/XXXX closing instrument with the XXXX XXXX XXXX by XXXX weeks so the XX/XX/XXXX closing and the XX/XX/XXXX closing did not raise any red flags. The check Caliber received was dated XXXX Caliber has stated on the phone and in the attached letters that they will not release a copy of the check/wire which paid off the account. They are violating another FDCPA rule. \n\nThe Judicial climate in Texas is heavily influenced by XXXX XXXX XXXX XXXX XXXX. The lawyers recommended by the Bar Association would not take on the contract issue of the claim, even when the Defendant attorneys asked to negotiate a settlement in XX/XX/XXXX. They were all familiar with the XXXX XXXX Funds Foreclosure Litigations and their attorneys. Attorneys stated it was unfair that I have a home without paying for it when they had too. However, they would take the case if I filed Bankruptcy and paid {$3000.00} up front. The system is very corrupt even including the judges. When informing JXXXX XXXX at the XX/XX/XXXX, hearing, that there was not a copy of a contract between me and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX denied me due process under the law when he told me to shut up or he would have his bailiff throw me out of this Court. He allowed an admittance of hearsay evidence stating I was not a party of the Class Action Lawsuit and a Modification Agreement that I did not sign. Evidence of both, the Class Action Lawsuit and that the Modification Agreement was included in the Response I filed with the Court. Caliber created multiple modifications which did not tie into any contract of a loan. \nSummary Caliber and XXXX XXXX Funds are obligated to adhere to the XXXX XXXX. If it were not for XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. fraudulent transfers of lien, I would not have lost my property to the bad actors. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has been on the Board of Caliber Home Loans XXXX XXXX since XXXX. The XXXX XXXX Report stated that many directors and officers breached their fiduciary duties. Those pre-negotiated prices for borrowers loans had to cross XXXX XXXX Instead of negotiating with borrowers, he deceptively sold those discounted loans to XXXX XXXX XXXXCaliber and other third-party lenders/trusts who violated the DPA. XXXX instigated these criminal and deceptive practices, by defrauding their own customers to recover millions lost from the fine, XXXX XXXX. This is not only fraud, but unchecked capitalism which leads to economic discrimination and massive homelessness. Agencies are not enforcing RESPA and FDCPA laws. Caliber and XXXX XXXX Funds can continue these bad actions due to the sanctions do not penalize them enough to correct the illegal activities. It is profitable for them to commit fraud and money laundering than to adhere to laws that prevent homeowners from losing their property to those frauds. A copy of these complaints will be sent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2023-12-27T23:08:47.000Z","issue":"Closing on a mortgage","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"70503","tags":"Older American","has_narrative":true,"complaint_id":"8067740","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Caliber Home Loans, Inc.","date_received":"2023-12-27T22:44:21.000Z","state":"LA","company_public_response":null,"sub_issue":"Closing disclosure or other related disclosures"},"highlight":{"complaint_what_happened":["Breach of the Agreement If, during the Term of this Agreement, the Department determines, in its sole discretion, that the XXXX Parties have ( a ) committed any crime under U.SXXXX <em>federal</em> law subsequent to the signing of this Agreement, ( b ) at any time provided in connection with this Agreement deliberately false, incomplete, or misleading information, or ( c ) otherwise breached the Agreement, the XXXX Parties shall thereafter be <em>subject</em> to prosecution for any <em>federal</em> <em>criminal</em> violation of which"]},"sort":[7.846298,"8067740"]},{"_index":"complaint-public-v1","_id":"13084826","_score":7.065564,"_source":{"product":"Credit card","complaint_what_happened":"( reference acct number ending in XXXX ) XXXX XXXX This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provisions on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\n\nRE : NOTICE OF INTENT TO FILE COMPLAINT DISHONOR OF BILL OF EXCHANGE AND FAILURE TO HONOR LEGAL TENDER NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear HOME DEPOT CREDIT SERVICES/CITI BANK/Citi Retail Services located at XXXX XXXX XXXX, XXXX XXXX, MO XXXX XXXX corporation XXXX agent, affiliated agency 's and agents This letter serves as a formal Notice of Intent to initiate a complaint against HOME DEPOT CREDIT SERVICES the for its XXXX  and refusal to accept a duly executed Bill of Exchange, properly endorsed and tendered for settlement of a financial obligation. \n\nThis action, if not corrected, constitutes a violation of numerous legal, constitutional, and public policy principles, including but not limited to : XXXX. Legal Tender and Public Policy : Under Title XXXX XXXX XXXX XXXX, United States coins and currency, including Federal Reserve Notes and instruments drawn on credit, are considered legal tender for all debts, public and private. \n\nThe Federal Reserve Act of XXXX authorizes the issuance of legal tender and the creation of credit-based instruments to facilitate commerce. A Bill of Exchange, when properly endorsed, falls within this framework and represents a valid method of payment under the Uniform Commercial Code ( XXXX ), particularly XXXX XXXX and UCC XXXX regarding presentment and dishonor. \n\nXXXX. The Bankruptcy Act and XXXX ( XX/XX/XXXX ) : Following the Bankruptcy of the United States in XXXX, and under House Joint XXXX XXXX, all obligations were required to be XXXX without the use of gold or lawful money. This resolution became a binding public policy, mandating that the government and its subsidiaries ( including municipal corporations such as the XXXX XXXX XXXXXXXX ) must accept promissory instruments and Bills of Exchange as lawful discharge of debts, in the absence of constitutional money. \n\nThe refusal to honor such a lawful instrument violates this Public Policy Bond and constitutes bad faith in commerce, particularly when no lawful money ( i.e., gold/silver ) is recognized or demanded in exchange. \n\nXXXX. Violation of Constitutional and Due Process Rights : By refusing to accept a lawful form of payment, the XXXX XXXX XXXX XXXX XXXX  is infringing upon my right to contract, right to due process under the XXXX XXXX XXXX XXXX, and is failing to operate in good faith and fair dealing as required under contract and commercial law. \n\nXXXX. Remedy Demanded : I hereby demand that the XXXX XXXX XXXXXXXX XXXX XXXX cure this dishonor within XXXX ( XXXX ) business days of receipt of this notice by : Accepting the Bill of Exchange previously submitted, or Providing, in writing, a full lawful reason for its dishonor, supported by statute and legal authority. \n\nFailure to comply will result in a formal complaint being filed with : The Florida XXXX XXXX XXXX ( XXXX ) The Federal Trade Commission ( FTC ) The Consumer Financial Protection Bureau ( CFPB ) The Office of the Florida Attorney General Additional federal agencies and oversight boards as necessary This Notice of Intent is issued in good faith and in the interest of resolving this matter administratively and amicably. If no remedy is forthcoming, further action will be taken as a matter of right under applicable law. \n\n\n\nand further... Fiduciary Appointment by XXXX XXXX XXXX XXXX XXXX  Account Usage and Obligation to Set Off and Balance Be it known and let it be duly recorded that : \" XXXX XXXX XXXX, XXXX. # XXXX '' agents and principal By accessing, referencing, or utilizing my Social Security Account Number ( SSN ) an identifying account issued by the Social Security Administration and held in trust under the United States you have, by operation of law and through your own actions, appointed yourself as fiduciary, trustee, or liable party with respect to that account. \n\nThe use or acceptance of my Social Security Number or related account information in any transaction, contract, application, or administrative action constitutes tacit acceptance and agreement that : You have voluntarily assumed fiduciary responsibility over said account as defined under trust and commercial law ; You are obligated to discharge, set off, and balance any associated public charges, debts, or obligations through your access to credit, exemption accounts, and applicable set-off mechanisms ; You have a duty to act in equity, good faith, and with full disclosure in all matters involving this account ; Your failure to properly discharge or set off obligations arising from use of my Social Security Account, or your continued attempt to enforce collection contrary to public policy ( XXXX, XX/XX/XXXX ), may constitute bad faith, fraud, or breach of fiduciary duty under the law. \n\nThis fiduciary obligation arises from your use of my trust account information and is supported under : The Social Security Act, codified at XXXX XXXX. XXXX et seq. \n\nPublic Policy XXXX, enacted XX/XX/XXXX Uniform Commercial Code ( UCC ), specifically UCC XXXX XXXX XXXX, and XXXX The Federal Reserve Act and related banking regulations Restatement ( Third ) of Trusts and general fiduciary law principles Therefore, I demand that you fulfill your fiduciary obligation by immediately setting off, adjusting, and balancing any account ( XXXX ) or alleged obligations associated with the use of my SSN, account, or estate. Failure to do so shall be construed as willful breach of fiduciary duty and may be subject to legal remedy. \n\nNotice to agent is notice to principal. Notice to principal is notice to agent. \n\nWithout prejudice, XXXX XXXX XXXX XXXX : XXXX , ( the living being with sound mind and capacity to contract whom has been pledged for the Nations Debt ) All Rights Reserved, UCC XXXX and further As Agent on behalf of the principal, XXXX XXXX I am instructing ( reference acct number ending in XXXX ) XXXX XXXX This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provisions on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\n\nRE : NOTICE OF INTENT TO FILE COMPLAINT DISHONOR OF BILL OF EXCHANGE AND FAILURE TO HONOR LEGAL TENDER NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear HOME DEPOT CREDIT SERVICES XXXX XXXX XXXX, XXXX XXXX, MO XXXX, corporation, agent, affiliated agency 's and agents This letter serves as a formal Notice of Intent to initiate a complaint against HOME DEPOT CREDIT SERVICES the for its dishonor and refusal to accept a duly executed Bill of Exchange, properly endorsed and tendered for settlement of a financial obligation. \n\nThis action, if not corrected, constitutes a violation of numerous legal, constitutional, and public policy principles, including but not limited to : XXXX. Legal Tender and Public Policy : Under Title XXXX XXXX XXXX  XXXX, United States coins and currency, including Federal Reserve Notes and instruments drawn on credit, are considered legal tender for all debts, public and private. \n\nThe Federal Reserve Act of XXXX authorizes the issuance of legal tender and the creation of credit-based instruments to facilitate commerce. A Bill of Exchange, when properly endorsed, falls within this framework and represents a valid method of payment under the Uniform Commercial Code ( XXXX ), particularly XXXX XXXX and UCC XXXX regarding presentment and dishonor. \n\nXXXX. The Bankruptcy Act and XXXX ( XX/XX/XXXX ) : Following the Bankruptcy of the United States XXXX XXXX, and under XXXX XXXX XXXXXXXX XXXX, all obligations were required to be discharged without the use of gold or lawful money. This resolution became a binding public policy, mandating that the government and its subsidiaries ( including municipal corporations such as the XXXXXXXX XXXX XXXXXXXX ) must accept promissory instruments and Bills of Exchange as lawful discharge of debts, in the absence of constitutional money. \n\nThe refusal to honor such a lawful instrument violates this Public Policy Bond and constitutes bad faith in commerce, particularly when no lawful money ( i.e., gold/silver ) is recognized or demanded in exchange. \n\nXXXX. Violation of Constitutional and Due Process Rights : By refusing to accept a lawful form of payment, the XXXX XXXX XXXX XXXX Department is infringing upon my right to contract, right to due process under the Fifth and Fourteenth Amendments, and is failing to operate in good faith and fair dealing as required under contract and commercial law. \n\nXXXX. Remedy Demanded : I hereby demand that the XXXX XXXX XXXXXXXX XXXX XXXX  cure this dishonor within XXXX ( XXXX ) business days of receipt of this notice by : Accepting the Bill of Exchange previously submitted, or Providing, in writing, a full lawful reason for its dishonor, supported by statute and legal authority. \n\nFailure to comply will result in a formal complaint being filed with : The Florida XXXX XXXX XXXX ( XXXX ) The Federal Trade Commission ( FTC ) The Consumer Financial Protection Bureau ( CFPB ) The XXXX XXXX XXXX Florida Attorney General Additional federal agencies and oversight boards as necessary This Notice of Intent is issued in good faith and in the interest of resolving this matter administratively and amicably. If no remedy is forthcoming, further action will be taken as a matter of right under applicable law. \n\n\n\nBy accessing, referencing, or utilizing my Social Security Account Number ( SSN ) an identifying account issued by the Social Security Administration and held in trust under the United States you have, by operation of law and through your own actions, appointed yourself as fiduciary, trustee, or liable party with respect to that account. \n\nThe use or acceptance of my Social Security Number or related account information in any transaction, contract, application, or administrative action constitutes tacit acceptance and agreement that : You have voluntarily assumed fiduciary responsibility over said account as defined under trust and commercial law ; You are obligated to discharge, set off, and balance any associated public charges, debts, or obligations through your access to credit, exemption accounts, and applicable set-off mechanisms ; You have a duty to act in equity, good faith, and with full disclosure in all matters involving this account ; Your failure to properly discharge or set off obligations arising from use of my Social Security Account, or your continued attempt to enforce collection contrary to public policy ( XXXX, XX/XX/XXXX ), may constitute bad faith, fraud, or breach of fiduciary duty under the law. \n\nThis fiduciary obligation arises from your use of my trust account information and is supported under : The Social Security XXXX, codified at XXXX XXXX. XXXX et seq. \n\nPublic Policy XXXX, enacted XX/XX/XXXX Uniform Commercial Code ( UCC ), specifically UCC XXXX XXXX XXXX, and XXXX The Federal Reserve XXXX and related banking regulations Restatement ( Third ) of Trusts and general fiduciary law principles Therefore, I demand that you fulfill your fiduciary obligation by immediately setting off, adjusting, and balancing any account ( XXXX ) or alleged obligations associated with the use of my SSN, account, or estate. Failure to do so shall be construed as willful breach of fiduciary duty and may be subject to legal remedy. \n\nNotice to agent is notice to principal. Notice to principal is notice to agent. \n\nWithout prejudice, XXXX XXXX XXXX XXXX : XXXX XXXX XXXX the XXXX being with sound mind and capacity to contract whom has been pledged for the Nations Debt ) All Rights Reserved, UCC XXXX and further XXXX Agent on behalf of the principal, XXXX XXXX I am instructing HOME DEPOT CREDIT SERVICES to Set off the charges on Principals account via subrogation in equity, your offer is accepted for Value, and Exempt from Levy Enclosed is evidence that an endorsed coupon has been sent back for HOME DEPOT CREDIT SERVICES to present to its the Federal Reserve window by asking for the principals social security you, HOME DEPOT CREDIT SERVICES agreed to become Fiduciary As your fiduciary duty you are obligated to accept this form of payment via endorsed promissory note see : XXXX Of XXXX XXXX, XXXX XXXX TENDER OF PAYMENT of this commercial transaction, UCC Article XXXX governs Bills of Exchange see : XXXX XXXX XXXX of XXXX establishes that it is illegal to demand payment in a specific currency. \nDemanding specific currency is a direct violation of XXXX XXXX of XXXX XXXX XXXX XXXX, Against the law and a violation of rights under color of law .This phrase refers to actions taken by a financial institution and or person that misuses their authority leading to a XXXXXXXX XXXX XXXX by pretending that one can enforce payment in a specific currency an entity is exerting unlawful pressure on individuals thus extorting, coercing, and injuring them and the entity is as infringing upon their rights and legal protections. This action is not only unjust, but also contrary to established law and legal standards that recognize alternative forms of payment as valid. The demand for specific currency payment is not only inconsistent with HJR XXXX and the XXXX but also constitutes a form of legal overreach that deprives individuals of their rights. XXXX XXXX defining negotiable instruments XXXX defines a negotiable instruments which is a document that promises payment of money under specific conditions. According to XXXX XXXX, for an instrument to be negotiable, it must meet these criteria, it must be in writing and it must be signed by the maker or drawer. It must contain an unconditional promise or order to pay a fixed amount of money, it must be payable on demand or at a specific time. It must be payable to order or to bearer. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, which then serves as tender of payment. This means that it can be used to discharge debts just like cash, you assign credit to the company to credit the account. \nXXXX ) Acceptance and Settlement to function effectively as legal tender, the payee must accept the bill upon presentment. If it is non negotiable, the drawee must honor it according to the terms specified without transferring it further, it's effectiveness relies on mutual acceptance not the instrument inherent value. XXXX ) XXXX and XXXX provisions. Most importantly XXXX section XXXX stipulates that refusal to accept a valid bill of exchange results in the discharge of the debt amount. This means that if the debtor presents a bill of Exchange for payment and the creditor refuses to accept it, the debt is considered to be discharged. Furthermore, XXXX section XXXX stipulates that if the tender of payment is accompanied by a statement indicating that is is for full satisfaction for the debt there is a discharge of the obligation. This further emphasized the legal significance of a Bill Of Exchange as a valid instrument for settling debts. In summary, while a Bill Of Exchange isn't traditional legal tender, if can and does legally discharge debts. \n\n\nthis is my conditional offer to HOME DEPOT CREDIT SERVICES/CitiBank/Citi Retail Services corporations/agency 's are asked to validate this claim and to please provide the following and further...... \n\nComes Now XXXX XXXX XXXX the flesh and blood living woman an XXXX XXXX as surety that was pledged for the Nations debt in accordance with the following laws who swears under the penalty of perjury that the forgoing information is true, correct and without malice Exercising my right to discharge this claim/debt of {$3600.00} in accordance with the following laws and this negotiable instrument I have endorsed under the Bill Of XXXX XXXX XXXX Expresses Reservation of rights Pursuant XXXX in accordance with Federal and State Laws Affiant demands all accounts /charges directed to affiants estate name Subrogated in Equity Pursuant HJR XXXX of XXXX, Public Law XXXX XXXX XXXX XXXX  XXXX Fair Credit Billing Act ( XXXX ) XXXX XXXX Code XXXX Be Advised should HOME DEPOT CARD SERVICES and affiliated corporations/agency's/firm proceed to violate the law and fail to preform fiduciary duties as appointed by governing agencies and terminate services extending to estate name/trust XXXX XXXX further violations.... \n\nXXXX XXXX  XXXX Liability of share holders of reserve banks The share holders of every Federal reserve bank shall be held INDIVIDUALLY responsible, equally and ratably, and not XXXX for another, FOR ALL CONTRACTS, DEBTS, AND ENGAGEMENTS OF SUCH BANK to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions to this Act. [ XXXX XXXX. XXXX ] XXXX CORPORATE TRANSPARENCY ACT REQUIREMENT applies to civil and criminal penalties for ( XXXX ) failing to report or disclose or update a reporting agency 's XXXX and ( XXXX ) providing false or fraudulent XXXX. Civil penalties include a daily {$500.00} fine for a continuing violation, and up to a maximum of {$10000.00}. \nCriminal penalties include up to XXXX years imprisonment. \n\nFraudulent Charges Failure of national bank to accept terms of Act Any national bank failing to signify its acceptance of the terms of this Act within the XXXX days aforesaid, shall cease to act as a reserve agent, upon XXXX days notice, to be given within the discretion of the said organization committee of the  XXXX XXXX XXXX of the XXXX XXXX  XXXX. ( Omitted from XXXX Code ) Penalty for violation of Act by national banks Should any national banking association in the United States now organized fail within XXXX year after the passage of this Act to become a member bank or fail to comply with any of the provisions of the Act applicable thereto, all of the rights, privileges, and franchises of such association granted to is under the national-bank Act, or under the provisions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this Act, every director who participated in or assented to the same shall be held liable in his person or individual capacity for all damages which said bank, it shareholders, or any other person shall have sustained in consequence of such violation. [ XXXX XXXX. XXXX ] The Facts Can not be altered or denied Therefore I demand for full discharge/credit of {$1000.00} LAWFUL NOTICE : Using a notary, clerk, or secretary on this document does not constitute any adhesion, nor does it altar any status and standing in any manner. The purpose for this is for verifying identity, authentication, and for the rules of evidence are not for co-mingling into any foreign jurisdiction. The XXXX XXXX is an XXXX  XXXX and not a party to this claim. In fact the Certifying Notary is a federal witness Pursuant to TITLE XXXX PART XXXX CHAPTER XXXX, SEC. XXXX. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violation of the XXXX. Postal regulations as an XXXX of the XXXX Department. Intimidating a Notary Public under XXXX XXXX XXXX is a violation of TITLE XXXX XXXXXXXX XXXX Section XXXX, titled \" Deprivation of Rights Under XXXXXXXX XXXX XXXX, '' which primarily governs police misconduct during any investigations. This makes it a crime for any person acting under the XXXXXXXX XXXX XXXX to willfully deprive any individual residing in the United States and/or United States of America those right protected by the XXXX XXXX laws and who have the authority to invoke the protection thereof. \n\n\nto Set off the charges on Principals account via subrogation in equity, your offer is accepted for Value, and Exempt from XXXX XXXX is evidence that an endorsed coupon has been sent back for HOME DEPOT CREDIT SERVICES to present to its the Federal Reserve window by asking for the principals social security you, HOME DEPOT CREDIT SERVICES agreed to become Fiduciary As your fiduciary duty you are obligated to accept this form of payment via endorsed promissory note see : XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX TENDER OF PAYMENT of this commercial transaction, XXXX Article XXXX governs Bills of Exchange see : XXXX XXXX XXXXXXXX of XXXX establishes that it is illegal to demand payment in a specific currency. \nDemanding specific currency is a direct violation of XXXX XXXX of XXXX XXXX XXXX XXXX, Against the law and a violation of rights under XXXXXXXX XXXX XXXX .This phrase refers to actions taken by a financial institution and or person that misuses their authority leading to a Deprivation of Rights by pretending that one can enforce payment in a specific currency an entity is exerting unlawful pressure on individuals thus extorting, coercing, and injuring them and the entity is as infringing upon their rights and legal protections. This action is not only unjust, but also contrary to established law and legal standards that recognize alternative forms of payment as valid. The demand for specific currency payment is not only inconsistent with XXXX XXXXXXXX and the XXXX but also constitutes a form of legal overreach that deprives individuals of their rights. XXXX XXXX defining negotiable instruments XXXX defines a negotiable instruments which is a document that promises payment of money under specific conditions. According to XXXX XXXX, for an instrument to be negotiable, it must meet these criteria, it must be in writing and it must be signed by the maker or drawer. It must contain an unconditional promise or order to pay a fixed amount of money, it must be payable on demand or at a specific time. It must be payable to order or to bearer. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, which then serves as tender of payment. This means that it can be used to discharge debts just like cash, you assign credit to the company to credit the account. \nXXXX ) Acceptance and Settlement to function effectively as legal tender, the payee must accept the bill upon presentment. If it is non negotiable, the drawee must honor it according to the terms specified without transferring it further, it's effectiveness relies on mutual acceptance not the instrument inherent value. XXXX ) XXXX and XXXX provisions. Most importantly XXXX section XXXX stipulates that refusal to accept a valid bill of exchange results in the discharge of the debt amount. This means that if the debtor presents a bill of Exchange for payment and the creditor refuses to accept it, the debt is considered to be discharged. Furthermore, XXXX section XXXX stipulates that if the tender of payment is accompanied by a statement indicating that is is for full satisfaction for the debt there is a discharge of the obligation. This further emphasized the legal significance of a Bill Of Exchange as a valid instrument for settling debts. In summary, while a Bill Of Exchange isn't traditional legal tender, if can and does legally discharge debts. \n\n\nthis is my conditional offer to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX this claim and to please provide the following and further...... \n\nComes Now XXXX XXXX XXXX the XXXX and blood living woman an XXXX XXXX as surety that was pledged for the Nations debt in accordance with the following laws who swears under the penalty of perjury that the forgoing information is true, correct and without malice Exercising my right to discharge this claim/debt of {$3600.00} in accordance with the following laws and this negotiable instrument I have endorsed under the XXXX XXXX XXXX XXXX XXXX Expresses Reservation of rights Pursuant XXXX in accordance with Federal and State Laws Affiant demands all accounts /charges directed to affiants estate name Subrogated in Equity Pursuant HJR XXXX of XXXX, Public Law XXXX XXXX XXXX Code XXXX Fair Credit Billing Act ( XXXX ) XXXX XXXX Code XXXX Be Advised should HOME DEPOT CREDIT SERVICES/CITI BANK / Citi Retail Services and affiliated corporations/agency/firm proceed to violate the law and fail to preform fiduciary duties as appointed by governing agencies and terminate services extending to estate name/trust XXXX XXXX further violations.... \n\nXXXX XXXX XXXXXXXX Liability of share holders of reserve banks The share holders of every Federal reserve bank shall be held INDIVIDUALLY responsible, equally and ratably, and not XXXX for another, FOR ALL CONTRACTS, DEBTS, AND ENGAGEMENTS OF SUCH BANK to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions to this Act. [ XXXX XXXX. XXXX ] XXXX CORPORATE TRANSPARENCY ACT REQUIREMENT applies to civil and criminal penalties for ( XXXX ) failing to report or disclose or update a reporting agency 's XXXX and ( XXXX ) providing false or fraudulent XXXX. Civil penalties include a daily {$500.00} fine for a continuing violation, and up to a maximum of {$10000.00}. \nCriminal penalties include up to XXXX years imprisonment. \n\nFraudulent Charges Failure of national bank to accept terms of Act Any national bank failing to signify its acceptance of the terms of this Act within the XXXX days aforesaid, shall cease to act as a reserve agent, upon XXXX days notice, to be given within the discretion of the said organization committee of the XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX. ( Omitted from XXXX XXXX  ) Penalty for violation of Act by national banks Should any national banking association in the United States now organized fail within XXXX year after the passage of this Act to become a member bank or fail to comply with any of the provisions of the Act applicable thereto, all of the rights, privileges, and franchises of such association granted to is under the national-bank Act, or under the provisions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this Act, every director who participated in or assented to the same shall be held liable in his person or individual capacity for all damages which said bank, it shareholders, or any other person shall have sustained in consequence of such violation. [ XXXX XXXX. XXXX ] The Facts Can not be altered or denied Therefore I demand for full discharge/credit of {$1000.00} to the account ending in XXXX LAWFUL NOTICE : Using a notary, clerk, or secretary on this document does not constitute any adhesion, nor does it altar any status and standing in any manner. The purpose for this is for verifying identity, authentication, and for the rules of evidence are not for co-mingling into any foreign jurisdiction. The XXXX XXXX is an independent XXXX and not a party to this claim. In fact the Certifying Notary is a federal witness Pursuant to TITLE XXXX PART XXXX CHAPTER XXXX, SEC. XXXX. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violation of the XXXX. Postal regulations as an XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX under XXXX XXXX XXXX is a violation of TITLE XXXX XXXXXXXX XXXX, Section XXXX, titled \" Deprivation of Rights Under XXXXXXXX XXXX XXXX '' which primarily governs police misconduct during any investigations. This makes it a crime for any person acting under the XXXXXXXX XXXX XXXX to willfully deprive any individual residing in the United States and/or United States of America those right protected by the XXXX XXXX laws and who have the authority to invoke the protection thereof.","date_sent_to_company":"2025-04-20T17:57:11.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"Store credit card","zip_code":"33870","tags":null,"has_narrative":true,"complaint_id":"13084826","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2025-04-20T17:26:33.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["The <em>Bankruptcy</em> Act and XXXX ( XX/XX/XXXX ) : Following the <em>Bankruptcy</em> of the United States in XXXX, and under House Joint XXXX XXXX, all obligations were required to be XXXX without the use of gold or lawful money."]},"sort":[7.065564,"13084826"]},{"_index":"complaint-public-v1","_id":"13084699","_score":6.864202,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"( reference acct ) : Policy Number : XXXX XXXX XXXX This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provisions on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nRE : NOTICE OF INTENT TO FILE COMPLAINT DISHONOR OF BILL OF EXCHANGE AND FAILURE TO HONOR LEGAL TENDER NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear \" WELLS FARGO BANK , N.A . # XXXX, Agent : XXXX SUCCESSORS AND/OR ASSIGNS '' corporation, agent, affiliated agency 's and agents This letter serves as a formal Notice of Intent to initiate a complaint against the XXXX XXXX XXXX XXXX XXXX  for its dishonor and refusal to accept a duly executed Bill of Exchange , properly endorsed and tendered for settlement of a financial obligation.\n\nThis action, if not corrected, constitutes a violation of numerous legal, constitutional, and public policy principles, including but not limited to : 1. Legal Tender and Public Policy : Under Title 31 U.S. Code 5103, United States coins and currency, including Federal Reserve Notes and instruments drawn on credit, are considered legal tender for all debts, public and private.\n\nThe Federal Reserve Act of 1913 authorizes the issuance of legal tender and the creation of credit-based instruments to facilitate commerce. A Bill of Exchange, when properly endorsed, falls within this framework and represents a valid method of payment under the Uniform Commercial Code ( UCC ), particularly UCC 3-104 and UCC 3-501 regarding presentment and dishonor.\n\n2. The Bankruptcy Act and HJR-192 ( XX/XX/XXXX ) : Following the Bankruptcy of the United States XXXX XXXX, and under House Joint Resolution 192, all obligations were required to be discharged without the use of gold or lawful money. This resolution became a binding public policy, mandating that the government and its subsidiaries ( including municipal corporations such as the XXXXXXXX XXXX XXXXXXXX ) must accept promissory instruments and Bills of Exchange as lawful discharge of debts, in the absence of constitutional money.\n\nThe refusal to honor such a lawful instrument violates this Public Policy Bond and constitutes bad faith in commerce, particularly when no lawful money ( i.e., gold/silver ) is recognized or demanded in exchange.\n\n3. Violation of Constitutional and Due Process Rights : By refusing to accept a lawful form of payment, the XXXX XXXX XXXX XXXX XXXX  is infringing upon my right to contract, right to due process under the Fifth and Fourteenth Amendments, and is failing to operate in good faith and fair dealing as required under contract and commercial law.\n\n4. Remedy Demanded : I hereby demand that the XXXX XXXX XXXX XXXX XXXX cure this dishonor within ten ( 10 ) business days of receipt of this notice by : Accepting the Bill of Exchange previously submitted, or Providing, in writing, a full lawful reason for its dishonor, supported by statute and legal authority.\n\nFailure to comply will result in a formal complaint being filed with : The Florida Public Service Commission ( PSC ) The Federal Trade Commission ( FTC ) The Consumer Financial Protection Bureau ( CFPB ) The Office of the Florida Attorney General Additional federal agencies and oversight boards as necessary This Notice of Intent is issued in good faith and in the interest of resolving this matter administratively and amicably. If no remedy is forthcoming, further action will be\ntaken as a matter of right under applicable law.\n\nand further... Fiduciary Appointment by Operation of Law Social Security Account Usage and Obligation to Set Off and Balance Be it known and let it be duly recorded that : \" WELLS FARGO BANK , N.A . # XXXX '' agents and principal By accessing, referencing, or utilizing my Social Security Account Number ( SSN ) an identifying account issued by the Social Security Administration and held in trust under the United States you have, by operation of law and through your own actions, appointed yourself as fiduciary, trustee, or liable party with respect to that account.\n\nThe use or acceptance of my Social Security Number or related account information in any transaction, contract, application, or administrative action constitutes tacit acceptance and agreement that : You have voluntarily assumed fiduciary responsibility over said account as defined under trust and commercial law ; You are obligated to discharge, set off, and balance any associated public charges, debts, or obligations through your access to credit, exemption accounts, and applicable set-off mechanisms ; You have a duty to act in equity, good faith, and with full disclosure in all matters involving this account ; Your failure to properly discharge or set off obligations arising from use of my Social Security Account, or your continued attempt to enforce collection contrary to public policy (\nHJR-192, June 5, 1933 ), may constitute bad faith, fraud, or breach of fiduciary duty under the law.\n\nThis fiduciary obligation arises from your use of my trust account information and is supported under : The Social Security Act, codified at 42 U.S.C. 301 et seq.\n\nPublic Policy HJR-192, enacted June 5, 1933 Uniform Commercial Code ( UCC ), specifically UCC 3-305 , 1-201, and 3-419 The Federal Reserve Act and related banking regulations Restatement ( Third ) of Trusts and general fiduciary law principles Therefore, I demand that you fulfill your fiduciary obligation by immediately setting off, adjusting, and balancing any account ( s ) or alleged obligations associated with the use of my SSN, account, or estate. Failure to do so shall be construed as willful breach of fiduciary duty and may be subject to legal remedy.\n\nNotice to agent is notice to principal. Notice to principal is notice to agent.\n\nWithout prejudice, XXXX XXXX All Rights Reserved, UCC 1-308 and further As Agent on behalf of the principal, XXXX XXXX I am instructing WELLS FARGO BANK , N.A . # XXXX to Set off the charges on Principals account via subrogation in equity, your offer is accepted for Value, and Exempt from XXXX XXXX is evidence that an endorsed coupon has been sent back for WELLS FARGO BANK , N.A . # XXXX to present to its the Federal Reserve window by asking for the principals social security you, WELLS FARGO BANK , N.A . # XXXX agreed to become Fiduciary As your fiduciary duty you are obligated to accept this form of payment via endorsed promissory note see : Bill Of Exchange Act, USCode 3-603 TENDER OF PAYMENT of this commercial transaction, UCC Article 3 governs Bills of Exchange see : PL73-10 HJR 192 of 1933 establishes that it is illegal to demand payment in a specific currency.\n\nDemanding specific currency is a direct violation of HJR 192 of 1933 Public Law 73-10, Against the law and a violation of rights under color of law .This phrase refers to actions taken by a financial institution and or person that misuses their authority leading to a Deprivation of Rights by pretending that one can enforce payment in a specific currency an entity is exerting unlawful pressure on individuals thus extorting, coercing, and injuring them and the entity is as infringing upon their rights and legal protections. This action is not only unjust, but also contrary to established law and legal standards that recognize alternative forms of payment as valid. The demand for specific currency payment is not only inconsistent with HJR 192 and the UCC but also constitutes a form of legal overreach that deprives individuals of their rights. UCC 3-104 defining negotiable instruments 3-104 defines a negotiable instruments which is a document that promises payment of money under specific conditions. According to UCC 3-104, for an instrument to be negotiable, it must meet these criteria, it must be in writing and it must be signed by the maker or drawer. It must contain an unconditional promise or order to pay a fixed amount of money, it must be payable on demand or at a specific time. It must be payable to order or to bearer. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, which then serves as tender of payment. This means that it can be used to discharge debts just like cash, you assign credit to the company to credit the account.\n\n5 ) Acceptance and Settlement to function effectively as legal tender, the payee must accept the bill upon presentment. If it is non negotiable, the drawee must honor it according to the terms specified without transferring it further, it's effectiveness relies on mutual acceptance not the instrument inherent value. 6 ) UCC3-603 and 3-311 provisions. Most importantly UCC section 3-603 stipulates that refusal to accept a valid bill of exchange results in the discharge of the debt amount. This means that if the debtor presents a bill of Exchange for payment and the creditor refuses to accept it, the debt is considered to be discharged. Furthermore, UCC section 3-311 stipulates that if the tender of payment is accompanied by a statement indicating that is is for full satisfaction for the debt there is a discharge of the obligation. This further emphasized the legal significance of a Bill Of Exchange as a valid instrument for settling debts. In summary, while a Bill Of Exchange isn't traditional legal tender, if can and does legally discharge debts.\n\nthis is my conditional offer to WELLS FARGO BANK , N.A . # XXXX corporations/agency 's are asked to validate this claim and to please provide the following and further......\n\nComes Now XXXX XXXX XXXX the flesh and blood living woman an XXXX XXXX as surety that was pledged for the Nations debt in accordance with the following laws who swears under the penalty of perjury that the forgoing information is true, correct and without malice Exercising my right to discharge this claim/debt of {$3600.00} in accordance with the following laws and this negotiable instrument I have endorsed under the Bill Of Exchange Act Affiant Expresses Reservation of rights Pursuant UCC1-308 in accordance with Federal and State Laws Affiant demands all accounts /charges directed to affiants estate name Subrogated in Equity Pursuant HJR 192 of 1933, Public Law 73-10 15 U.S. Code 1666 Fair Credit Billing Act ( FCBA ) 18 U.S. Code 8 Be Advised should WELLS FARGO BANK , N.A . # XXXX and affiliated corporations/agency/firm proceed to violate the law and fail to preform fiduciary duties as appointed by governing agencies and terminate services extending to estate name/trust XXXX XXXX further violations.... \n\nFEDERAL RESERVE ACT Liability of share holders of reserve banks The share holders of every Federal reserve bank shall be held INDIVIDUALLY responsible, equally and ratably, and not one for another, FOR ALL CONTRACTS, DEBTS, AND ENGAGEMENTS OF SUCH BANK to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions to this Act. [ 12 U.S.C. 502 ] 2025 CORPORATE TRANSPARENCY ACT REQUIREMENT applies to civil and criminal penalties for ( 1 ) failing to report or disclose or update a reporting agency 's BOI and ( 2 ) providing false or fraudulent BOI. Civil penalties include a daily {$500.00} fine for a continuing violation, and up to a maximum of {$10000.00}.\n\nCriminal penalties include up to two years imprisonment.\n\nFraudulent Charges Failure of national bank to accept terms of Act Any national bank failing to signify its acceptance of the terms of this Act within the sixty days aforesaid, shall cease to act as a reserve agent, upon thirty days notice, to be given within the discretion of the said organization committee of the Board of Governors of the Federal Reserve System. ( Omitted from U.S. Code ) Penalty for violation of Act by national banks Should any national banking association in the United States now organized fail within one year after the passage of this Act to become a member bank or fail to comply with any of the provisions of the Act applicable thereto, all of the rights, privileges, and franchises of such association granted to is under the national-bank Act, or under the provisions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the Board of Governors of the Federal Reserve System, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this Act, every director who participated in or assented to the same shall be held liable in his person or individual capacity for all damages which said bank, it shareholders, or any other person shall have sustained in consequence of such violation. [ 12 U.S.C. 501a ] The Facts Can not be altered or denied Therefore I demand for full discharge of in the amount of {$3600.00} LAWFUL NOTICE : Using a notary, clerk, or secretary on this document does not constitute any adhesion, nor does it altar any status and standing in any manner. The purpose for this is for verifying identity, authentication, and for the rules of evidence are not for co-mingling into any foreign jurisdiction. The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a federal witness Pursuant to TITLE 18 PART 1 CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violation of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of TITLE 18 U.S. Code, Section 242, titled \" Deprivation of Rights Under Color of Law, '' which primarily governs police misconduct during any investigations. This makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those right protected by the Constitution U.S. laws and who have the authority to invoke the protection thereof.","date_sent_to_company":"2025-04-20T16:46:34.000Z","issue":"Other transaction problem","sub_product":"Virtual currency","zip_code":"33870","tags":null,"has_narrative":true,"complaint_id":"13084699","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2025-04-20T16:34:02.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["The <em>Bankruptcy</em> Act and HJR-192 ( XX/XX/XXXX ) : Following the <em>Bankruptcy</em> of the United States XXXX XXXX, and under House Joint Resolution 192, all obligations were required to be discharged without the use of gold or lawful money."]},"sort":[6.864202,"13084699"]},{"_index":"complaint-public-v1","_id":"2718293","_score":6.538309,"_source":{"product":"Debt collection","complaint_what_happened":"COMPANY DID NOT RESPOND Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX XXXX ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed. \n\nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a )  that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\nVALIDATION. Proving the validity of accuracy of the claim.\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 )  days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is  Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt  collections. \n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IXXXX XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE CREDIT SYSTEMS INTL THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.\nTAKE NOTICE CREDIT SYSTEMS INTL failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX XXXX. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX  249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-02T04:29:06.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2718293","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Credit Systems International, Inc.","date_received":"2017-11-02T00:13:31.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["No civil or <em>criminal</em> cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX  249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 <em>Federal</em> reserve notes, to be issued at the discretion of the Board of Governors of the <em>Federal</em> Reserve System for the purpose, of making advances to <em>Federal</em> reserve banks through the <em>Federal</em> reserve agents as hereinafter set forth and for no other purpose, are authorized."]},"sort":[6.538309,"2718293"]},{"_index":"complaint-public-v1","_id":"3551797","_score":6.5296264,"_source":{"product":"Debt collection","complaint_what_happened":"Sarma Collections Incorporated never provided any valid evidence of debt within the 30-day time frame from a dispute filed from the alleged debtor. I requested information from the creditor by affidavit ( from a commissioner of the court ) and the company didn't provide any information requested but a printed bill ( with the missing government state identification that must be used to verify debtor ) nor did they remove any debt from my credit report. I have already informed this company that I do not want to contract with their company, not do I have a law and binding contract with their company.\n\nALSO 1 ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed.\n\n1. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation between the debtor and Sarma Collections Incorporated to pay debt collector which will give your company jurisdiction to report this debt on my credit.\n\nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom It May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nVALIDATION. Proving the validity of accuracy of the claim.\n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) One Thousand Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : XXXX 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX XXXX XXXX XXXX XXXX XXXX  ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\n\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n\n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n\n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\n\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\n\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.\n\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE SARMA COLLECTIONS INCORPORATED PER THE BANKING SECRECY ACT AND THE PATRIOT ACT AS WELL AS ALL MONEY INSTRUMENTS TO BE DISCLOSED.\n\nTAKE NOTICE SARMA COLLECTIONS INC. failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\n\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.\n\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2020-03-03T07:17:35.000Z","issue":"False statements or representation","sub_product":"Medical debt","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"3551797","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Sarma","date_received":"2020-03-03T02:07:55.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["No civil or <em>criminal</em> cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 <em>Federal</em> reserve notes, to be issued at the discretion of the Board of Governors of the <em>Federal</em> Reserve System for the purpose, of making advances to <em>Federal</em> reserve banks through the <em>Federal</em> reserve agents as hereinafter set forth and for no other purpose, are authorized."]},"sort":[6.5296264,"3551797"]},{"_index":"complaint-public-v1","_id":"2718319","_score":6.5296264,"_source":{"product":"Debt collection","complaint_what_happened":"Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX ALSO XXXX ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed. \nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within XXXXhirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 )  days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\nXXXX. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nXXXX. Provide verification from the stated creditor that you are authorized to act for them. \nXXXX. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. \nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \nXXXX. Be advised that verification is defined XXXX XXXX Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \nXXXX. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z. \n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. \n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt. \nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ),  as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE AVANTE USATHE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.\nTAKE NOTICE AVANTE USAfailure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX XXXX XXXX XXXX, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-02T05:47:31.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2718319","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AVANTE","date_received":"2017-11-02T00:45:44.000Z","state":"TX","company_public_response":null,"sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["No civil or <em>criminal</em> cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 <em>Federal</em> reserve notes, to be issued at the discretion of the Board of Governors of the <em>Federal</em> Reserve System for the purpose, of making advances to <em>Federal</em> reserve banks through the <em>Federal</em> reserve agents as hereinafter set forth and for no other purpose, are authorized."]},"sort":[6.5296264,"2718319"]},{"_index":"complaint-public-v1","_id":"2723886","_score":6.5238585,"_source":{"product":"Debt collection","complaint_what_happened":"COMPANY NEVER RESPONDED Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit (  from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. \n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE RECEIVABLE MANAGEMENT UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \nTAKE NOTICE RECEIVABLE MANAGEMENT failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX**** B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-19T22:23:03.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2723886","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"The Receivable Management Services LLC","date_received":"2017-11-08T22:36:10.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["No civil or <em>criminal</em> cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 <em>Federal</em> reserve notes, to be issued at the discretion of the Board of Governors of the <em>Federal</em> Reserve System for the purpose, of making advances to <em>Federal</em> reserve banks through the <em>Federal</em> reserve agents as hereinafter set forth and for no other purpose, are authorized."]},"sort":[6.5238585,"2723886"]},{"_index":"complaint-public-v1","_id":"2717204","_score":6.410967,"_source":{"product":"Debt collection","complaint_what_happened":"Company never provided any valid evidence of debt within the 30 day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested nor did they remove any debt from my credit report. Certified Mail # XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if  necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of  interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL  NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. \nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in  connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice. \nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. \n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on  someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE RENTDEBT USA UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \nTAKE NOTICE XXXX XXXX failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX XXXX XXXX XXXX, or at any XXXX XXXX XXXX.","date_sent_to_company":"2017-10-31T20:55:33.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2717204","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"RentDebt Automated Collections, LLC","date_received":"2017-10-31T20:35:04.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["No civil or <em>criminal</em> cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 <em>Federal</em> reserve notes, to be issued at the discretion of the Board of Governors of the <em>Federal</em> Reserve System for the purpose, of making advances to <em>Federal</em> reserve banks through the <em>Federal</em> reserve agents as hereinafter set forth and for no other purpose, are authorized."]},"sort":[6.410967,"2717204"]},{"_index":"complaint-public-v1","_id":"12537424","_score":6.1095667,"_source":{"product":"Debt collection","complaint_what_happened":"Since Consumer Portfolio Services ( CPS ) is attempting to collect on a fraudulent, securitized, and prepaid debt, every option CFPB provided me with on the what best describes your problem section is legally valid under bankruptcy law, securities law, trust law, and constitutional principles. Below is a full legal breakdown of why each choice is correct, and im demanding the CFPB ensures that maximum enforceability is brought against CPS.\n\nThis alleged debt was already discharged in XXXX and no longer is owed due to USAs XXXX  status and XXXX, but all options apply in my complaint today. Before the legal breakdown of my claim I am adding an cease and desist letter and below of thatll be the legal breakdown of all claims & I instruct the CFPB TO RECORD THIS ON FILE & DEMAND THEY RECORD THIS ON THEIR FRAUDULENT FILE. \n\nCEASE & DESIST ORDER LEGAL NOTICE & DEMAND TO IMMEDIATELY HALT CONTACT, REPOSSESSION ATTEMPTS, OR VEHICLE DISABLING DEVICES XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Consumer Portfolio Services , Inc . \nXXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Cease & Desist Order Unlawful Debt Collection, Trespassing, Harassment, and Unauthorized Vehicle Tampering Legal Notice to Consumer Portfolio Services , Inc. ( CPS ) : This letter serves as a formal, legally binding Cease & Desist Order to immediately halt all attempts to contact, harass, threaten, repossess my vehicle, disable my vehicle via remote devices, or interfere with my lawful right to property. \n\nI. LEGAL BASIS FOR THIS CEASE & DESIST ORDER A. Prohibition Against Debt Collection During Active Dispute Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692c ( c ) Once a formal dispute is filed, debt collectors are prohibited from further contact, including repossession efforts.\n\nCPS is violating federal law by continuing collection attempts during active disputes.\n\nFDCPA 15 U.S.C. 1692g ( b ) Duty to Cease Collection Until Validation Is Provided CPS has failed to provide proper validation of any alleged debt, rendering any collection or repossession attempt unlawful. \n\nFlorida Consumer Collection Practices Act ( XXXX ) XXXX XXXX. XXXX ( XXXX ) Florida law prohibits any attempt to enforce a debt while it is in dispute. \n\nXXXX XXXX XXXX Home Loans, XXXX XXXX XXXX ( XXXX ) Right to Rescind Under TILA ( 12 C.F.R. 226.23 ), any financial agreement can be rescinded within XXXX years if material facts were concealed. \nSince CPS failed to disclose the securitization of my loan, the contract is legally void.\n\nB. My Vehicle Is NOT Collateral and Can not Be Repossessed UCC 9-109 Security Interests Do Not Apply to Consumer Goods A personal vehicle is classified as consumer goods, which are exempt from repossession unless a valid security agreement exists. \nXXXX has failed to produce a legally valid security interest. \n\nXXXX XXXX A Security Agreement Must Be Signed & Enforceable CPS has not produced a valid, signed security agreement. \nWithout a legally perfected XXXX, no repossession XXXX occur. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Right to Property Can not Be Arbitrarily Taken The Supreme Court ruled that private property rights supersede corporate claims unless valid proof of contract exists. \n\nTitle XXXX XXXX. XXXX XXXX XXXX XXXX XXXX of Encumbrances If XXXX failed to disclose securitization, the debt obligation is void under federal transportation laws. \n\nXXXX Use of GPS Trackers & Kill Switches Is Illegal Without Court Order Fourth Amendment Unreasonable Search & Seizure The use of tracking devices or remote vehicle shut-offs constitutes an unlawful search and seizure under the U.S. Constitution. \n\nXXXX XXXX United States, XXXX XXXX XXXX ( XXXX ) GPS Tracking Without Consent is Unconstitutional The Supreme Court ruled that unauthorized GPS tracking or disabling a vehicle is an illegal violation of privacy rights. \n\nXXXX XXXX. XXXX Unauthorized Use of XXXX XXXX XXXX is a Felony Under XXXX  law, placing or activating a GPS device or disabling a vehicle remotely without consent is a criminal act. \n\nII. FORMAL DEMANDS Effective immediately, CPS must comply with the following legal requirements : Cease all direct or indirect contact with me.\n\nCease all repossession attempts.\n\nCease and remove all GPS tracking and disabling devices ( Kill Switches ) from my vehicle. \nCease reporting fraudulent debt information to credit bureaus. \nProvide, within 10 business days, a sworn affidavit affirming CPS will not attempt further collection, repossession, or vehicle tampering.\n\nIII. PENALTIES FOR NON-COMPLIANCE Violations of FDCPA ( 15 U.S.C. 1692 ) result in {$1000.00} per violation plus actual damages ( 15 U.S.C. 1692k ). \nViolations of XXXX  law ( XXXX XXXX. XXXX ) carry civil penalties up to {$10000.00} per instance. \nGPS tracking violations ( XXXX v. United States ) expose XXXX to federal lawsuits under the XXXX XXXX. \nUnlawful repossession attempts constitute Breach of Peace, punishable under state and federal law. \n\nIV. LEGAL NOTICE OF INTENT TO SUE If CPS fails to comply with this Cease & Desist Order within 10 business days, I will immediately : 1. File complaints with the CFPB, FTC, SEC, IRS, XXXX  Attorney General, XXXX. XXXX XXXX XXXX, and XXXX XXXX. \n2. File a lawsuit against CPS in XXXX XXXX XXXX for violations of federal and state law. \n3. Seek financial damages, penalties, and injunctive relief.\n\nLEGAL BREAKDOWN OF MY CLAIM 1. Debt was already discharged in bankruptcy and no longer is owed.\n\nThe United States has been in XXXX since XXXX under House Joint Resolution XXXX ( XXXX ) and the Trading with the XXXX Act ( TWEA ) of XXXX, as amended by the Emergency Banking Relief Act of XXXX. \n\nUnder XXXX XXXX XXXX ( XX/XX/XXXX ), the XXXX removed the ability to lawfully pay debts with gold and silver. Instead, all obligations are XXXX through the XXXX Treasury because all citizens became collateral for national debt under bankruptcy. \n\n12 U.S.C. 411 mandates that Federal Reserve Notes ( FRNs ) are not lawful money. Since banks create money through fractional reserve banking and promissory notes, they never lent real money, only monetized a promise to pay. \n\nSince the XXXX is in XXXX, all debts are already XXXX at birth through the Social Security XXXX, Treasury Direct Accounts ( TDA ), and negotiable instrument laws. \n\n\nXXXX is attempting to collect on an already XXXX debt and failed to disclose this, violating : XXXX. XXXX ( XX/XX/XXXX ) Prohibiting creditors from demanding payment in real money. \n\n2. Title 12 U.S.C. 95a ( 2 ) All obligations are settled under the XXXX. \n\nXXXX. XXXX XXXX Presentment of a fraudulent negotiable instrument as debt. \n\nWHY IS XXXX VIOLATING THESE LAWS? \nBecause this debt was already settled through the XXXX XXXX  system, CPS has no lawful claim.\n\nNUMBER 2. Debt was a result of identity theft.\n\nCPS created a fraudulent claim by securitizing my loan without my knowledge or consent. \n\nIdentity theft occurs when a party assumes the identity of another to generate financial gain. In this case, CPS monetized my signature, making me a debtor without properly disclosing the process.\n\nUnder 15 U.S.C. 1692e ( 10 ) ( FDCPA ), failing to disclose material facts constitutes fraud.\n\nUnder UCC 1-103, fraud invalidates all contracts.\n\nSince CPS misrepresented the terms of the agreement and unlawfully transferred ownership of the loan, this is legally identity theft.\n\nWHY IS THIS IDENTITY THEFT BY LAW?\n\nFurther, since my legal PERSON ( in all caps ) is separate from me as a living being, any attempt to attach me personally to a debt under my all-caps name is a fraudulent conversion, a violation of the XXXX XXXX XXXX XXXX XXXX. \n\n\n\n\nNUMBER 3. Debt was paid.\n\nOnce a promissory note is signed, it becomes a negotiable instrument under UCC 3-104.\n\nCPS monetized my promissory note, meaning the debt was paid in full at origination.\n\nUnder UCC 3-603, when a debt is paid with an instrument ( such as a note ), the obligation is discharged.\n\nUnder Title 31 U.S.C. 5118 ( d ) ( 2 ), creditors can not demand payment beyond the value already received. \n\nWHY IS THE DEBT ALREADY PAID?\n\nSince CPS accepted and monetized my note, they are attempting to collect on an already paid obligation.\n\nNUMBER 4 Debt is not yours.\n\nAs a U.S. National, I am the agent for the principal ( the legal fiction, aka the all-caps PERSON ). \n\nThe obligation belongs to the United States under bankruptcy laws. \n\nUnder XXXX XXXX, the holder in due course ( me ) has a legal right to refuse payment on an unenforceable claim. \n\nUnder 15 U.S.C. 1692f, attempting to collect on a debt not lawfully owed is an unfair practice. \n\n\nWHY THE DEBT IS NOT YOURS APPLIES?\n\nCPS is falsely attributing the debt to me, despite the fact that all debts are obligations of the United States. \n\n\n\nWHAT OTHER FRAUD HAS OCCURRED? \n\nBetween XX/XX/XXXX and XX/XX/XXXX, Consumer Portfolio Services , Inc. ( CPS ) sent XXXX false debt collection notices via XXXX XXXX, violating 18 U.S.C. 1341 ( XXXX XXXX ), 15 U.S.C. 1692e ( FDCPA ), and UCC 3-104, 3-501, 4-406. \n\nOn XX/XX/XXXX, I sent CPS a Debt Validation & Right to Rescind Notice under 15 U.S.C. 1692g ( FDCPA ), 12 C.F.R. 226.15 ( TILA ), and XXXX  XXXX. XXXX, XXXX. They ignored it and continued harassment, violating my rights. TRACKING NUMBER : XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Also, Between XX/XX/XXXX XX/XX/XXXX, I received XXXX negotiable instruments from Consumer Portfolio Services , Inc. ( CPS ) via XXXX Mail, violating XXXX XXXX. XXXX ( XXXX XXXX ), 18 U.S.C. 1343 ( Wire Fraud ), and UCC 3-104, 3-501, 4-406 by failing to send them via registered mail. CPS securitized my loan without disclosure, violating 15 U.S.C. 78j ( b ) ( Securities Fraud ), 26 U.S.C. 1272 ( OID Reporting ), and 12 C.F.R. 226.23 ( TILA Right to Rescind ). \n\nOn XX/XX/XXXX, XXXX received my Debt Validation and Right to Rescind Notice per 15 U.S.C. 1692g ( FDCPA ), 12 C.F.R. 226.15 ( Regulation Z ), and XXXX  XXXX. XXXX, XXXX. They ignored it, violating Article 1, Section 10 ( U.S. Constitution ), the Supremacy Clause, and Supreme Court rulings ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ). \n\nCPS is committing fraud by using XXXX Mail for unlawful financial activity, failing to issue IRS XXXX, and misrepresenting the debt. XXXX must investigate, enforce penalties, and refer for prosecution. IVE REPORTED TO THE IRS, SECURITIES EXCHANGE COMMISSION, CFPB, FTC, XXXX, XXXX, XXXX  ATTORNEY GENERAL XXXX XXXX XXXX, XXXX ATTORNEY GENERAL, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( of the transaction structures of CPS indenture trustee and owner trustee for failure of fiduciary duties.\n\nUnderstand Why CPS Is Required to Issue a XXXX ( tax fraud ) 26 U.S. Code 1272 requires any company that creates an obligation of debt to report the Original Issue Discount ( OID ) as income. \n\nEvery lender who monetizes a promissory note ( i.e., my loan agreement ) must issue a XXXX to report the discounted amount. \n\nFailing to issue XXXX is tax fraud under XXXX XXXX Code XXXX ( Attempt to Evade or Defeat Tax ) and XXXX XXXX Code XXXX ( XXXX ) ( Fraud and False Statements ). \n\n\nWhy Consumer Portfolio Services ( CPS ) Must Send Negotiable Instruments via Registered Mail Full Legal Breakdown ( State, Federal , & Supreme Court Laws ) Since CPS is sending negotiable instruments ( financial statements, debt notices, and payment demands ) via XXXX Mail, they are legally required to send them via Registered Mail to ensure proper legal presentment. Failure to do so constitutes Mail XXXX under state, federal, and Supreme Court rulings.\n\n1. Federal Laws Requiring Registered Mail for Negotiable Instruments A. 18 U.S.C. 1341 Mail Fraud Statute -It is a federal crime to send fraudulent, deceptive, or false claims via XXXX Mail. \n\n-Once CPS issued a negotiable instrument without proof of proper delivery ( Registered Mail ), they violated 18 U.S.C . 1341. \n\n-Any misrepresentation of a financial obligation via regular mail is mail fraud. ( which was done ) B. Uniform Commercial Code ( UCC ) Negotiable Instrument Laws UCC 3-104 ( Negotiable Instruments Must Be Legally Enforceable ) A statement or bill issued as a demand for payment is a negotiable instrument under UCC 3-104 .\n\nFailure to send it via Registered Mail invalidates the obligation because the sender can not prove legal delivery.\n\nUCC 3-501 ( Presentment of Negotiable Instruments ) A financial obligation must be properly presented to be legally enforceable.\n\nPresentment requires proof of receipt, which is why Registered Mail is legally required.\n\nIf a statement is not sent via Registered Mail, it is an invalid presentment.\n\nUCC 4-406 ( Bank Statement & Account Notice Requirements ) If a financial institution fails to provide proper notice through traceable means, they lose enforcement rights. \nFailure to send statements via Registered Mail is a violation of UCC 4-406.\n\nUCC 1-308 ( Reservation of Rights ) If a person does not receive proper notice via Registered Mail, they can refuse enforcement under UCC 1-308 .\n\nUCC 3-603 ( Discharge of Obligation ) If an instrument is improperly presented, the obligation is discharged.\n\nFailure to use Registered Mail voids their collection claim.\n\n2. Federal Trade Commission ( FTC ) Laws Unfair & Deceptive Practices 15 U.S.C. 45 ( Unfair & Deceptive Acts in Commerce ) If CPS fails to send legally binding financial instruments via Registered Mail, it constitutes deception and fraud.\n\nA company must provide proof of legally required notices or they are in violation of federal consumer protection laws.\n\n15 U.S.C. 1692g ( FDCPA Debt Validation Requirements ) Debt collectors must provide verifiable proof of debt.\n\nIf CPS does not send financial statements via Registered Mail, they violate FDCPA because they can not prove compliance.\n\n3. U.S. Supreme Court Rulings Requiring Proof of Delivery for Financial Notices XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Corporate fraud must be traceable and verifiable under legal standards. \nAll financial notices must have verifiable proof of delivery, otherwise, they are unenforceable. \n\nXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) A creditor can not claim an obligation without proof of proper notice. \nSending financial documents via untraceable means invalidates their claim. \n\nXXXX v. XXXX, XXXX XXXX XXXX ( XXXX ) Failure to properly present a financial notice invalidates the claim against the debtor. \n\nXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) If a company improperly presents a debt or financial obligation, the claim is invalid. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Debt XXXX must follow strict legal standards, including proof of delivery for all financial instruments. \n\n\nXXXX. XXXX  State Laws Requiring Registered Mail for Negotiable Instruments XXXX  Consumer Collection Practices Act ( XXXX XXXX. XXXX ) Debt XXXX can not send misleading statements. \nIf CPS does not send financial notices via XXXX Mail, it is legally misleading and violates Florida law. \n\nXXXX  XXXX XXXX XXXX ( XXXX XXXX. Chapter XXXX ) XXXX XXXX. XXXX XXXX of XXXX XXXX financial instrument must be presented properly ( traceable mail ) to be enforceable. \n\nFlorida Deceptive and Unfair Trade Practices Act ( XXXX XXXX. XXXX ) Sending financial claims via untraceable means is deceptive and fraudulent. \n\n\n\nXXXX. Criminal Penalties for Failure to XXXX XXXX Mail 18 U.S.C. 1341 ( Mail Fraud ) If a company sends financial instruments improperly, they can be prosecuted under mail fraud statutes.\n\n18 U.S.C. 1014 ( False Statements to Financial Institutions ) If CPS misrepresents financial claims and fails to use legal delivery methods, they are criminally liable. \n\nXXXX XXXX.S.C. 7201 ( Tax Evasion ) Failure to provide proper notice of a financial obligation constitutes tax evasion if the funds are securitized and unreported.\n\n15 U.S.C. 1681s-2 ( FCRA Reporting Financial Data Improperly ) If CPS reports financial claims to credit bureaus without proof of proper presentment, they violate federal law.\n\n6. Final Legal Conclusion Why CPS Must Use Registered Mail Under UCC, FDCPA, FTC Act, and Supreme Court rulings, all financial notices and negotiable instruments must be sent via Registered Mail.\n\nFailure to do so invalidates the financial claim and constitutes Mail Fraud.\n\nCPS is violating federal, XXXX, and Supreme Court rulings by failing to send financial notices properly. \nThis legal argument is broken down clear enough to make CFPB DO ITS OBLIGATION AND MAKE THIS COMPANY PROVE AND VALIDATE EVERYTHING REQUIRED IF NOT THIS WILL BE used in complaints, lawsuits, and enforcement actions until CPS DOES WHATS REQUIRED SUMMERY OF LEGAL AND LAWFUL CLAIMS Debt was already discharged in XXXX  : The XXXX has been in XXXX since XXXX under XXXX, making all debts obligations of the XXXX Treasury XXXX not mine. 12 U.S.C. 95a ( 2 ) and Title 12 U.S.C. 411 confirm that FRNs are not lawful money, meaning no lawful contract exists.\n\nDebt was a result of identity theft : CPS monetized my signature without disclosure, converted my promissory note into a security, and falsely represented me as a debtor, violating 15 U.S.C. 1692e ( 10 ) ( FDCPA ) and UCC 1-103. This is fraud and identity theft.\n\nDebt was paid : My original promissory note was monetized, meaning the obligation was already settled at inception. Under UCC 3-603, all debts are paid upon receipt of a negotiable instrument. CPS is fraudulently attempting to collect again on an already settled claim.\n\nDebt is not mine : As an agent for the principal ( legal fiction ), I am not personally liable for this obligation. The U.S. Treasury is responsible for all public debt under bankruptcy laws, per UCC 3-305 and 15 U.S.C. 1692f. CPS is unlawfully attributing the debt to me.\n\nRequested Resolution : 1. CFPB must investigate CPS for fraudulent debt collection, mail fraud, and securities fraud.\n\n2. CPS must cease all contact and remove all fraudulent debt claims from my record.\n\n3. CFPB must impose penalties for their violations of FDCPA, UCC, TILA, and Florida consumer protection laws. \n\n\n\nI. Summary of Allegations Against XXXX Between XX/XX/XXXX and XX/XX/XXXX, XXXX engaged in fraudulent financial practices by : Sending XXXX unlawful financial statements ( negotiable instruments ) via XXXX Mail, violating : 18 U.S.C. 1341 ( Mail Fraud ) UCC 3-104, 3-501, 4-406 ( Improper Negotiable Instrument Handling ) FDCPA ( 15 U.S.C. 1692g ) Failure to Validate Debt Before Collection Attempting to collect on a securitized, prepaid obligation while failing to disclose material financial facts, violating : Securities Exchange Act ( 15 U.S.C. 78j ( b ) ) Truth in Lending Act ( TILA ) 12 C.F.R. 226.23 Right to Rescind XXXX Consumer Collection Practices Act ( XXXX XXXX. XXXX ) Ignoring my formal Debt Validation & Right to Rescind Notice ( Sent XX/XX/XXXX ) in violation of : 15 U.S.C. 1692g ( b ) Duty to Cease Collection Until Validation Is Provided XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Right to Rescind Without Justification Failing to issue a XXXX, committing tax fraud, violating : XXXX U.S.C. XXXX XXXX XXXX Requirements XXXX XXXX. XXXX Tax Evasion Engaging in unauthorized vehicle tracking and use of kill switches, violating : XXXX XXXX Unreasonable Search & XXXX XXXX XXXX United States, XXXX XXXX XXXX ( XXXX ) GPS Tracking Without Consent is Illegal Florida XXXX. XXXX Unauthorized Electronic Tracking is a Felony Attempting to repossess my vehicle despite no lawful security interest, violating : XXXX XXXX Personal Vehicles Are Not Collateral UCC 9-203 A Security Agreement Must Be Signed to Be Enforceable XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX Right to Property Can not Be Arbitrarily Taken XXXX. Formal Legal Demands to CFPB I am formally requesting CFPB intervention to enforce federal consumer protection laws and prevent further unlawful conduct by CPS. I demand : Immediate issuance of an order requiring CPS to halt all collection activities, repossession attempts, and remote vehicle disabling ( kill switches & GPS tracking ) until all legal complaints and federal investigations are resolved.\n\nCPS must provide a certified copy of the original loan contract with wet-ink signatures, NOT a dealership contract copy.\n\nIf CPS delays or provides the incorrect contract, my pending FOIA requests with the IRS and XXXX will return full documentation, further proving their fraud.\n\nCPS must issue a sworn affidavit affirming they will not attempt repossession, tracking, or contact until my disputes are fully resolved.\n\nCFPB must forward this complaint to the SEC, IRS, and XXXX. XXXX XXXX XXXX ( XXXX ) for further investigation into securities fraud, tax evasion, and mail fraud.\n\nCPS must pay full financial restitution for damages caused by their fraudulent practices, including emotional distress, financial hardship, and job loss. \n\nCFPB must issue penalties under FDCPA, TILA, and XXXX consumer protection laws.\n\nIII. Supporting Attachments ( if demanded bottom of complaint shows my instructions to the CFPB AND ILL\nPROVIDE ALL REQUESTED ) To ensure a full legal review, I have attached : 1. Four fraudulent financial statements sent by CPS.\n\n2. My formal Debt Validation & Right to Rescind Notice ( XX/XX/XXXX ) with Certified Mail Proof. \n3. Mail Fraud Complaint ( Filed with XXXX. XXXX XXXX XXXX ). \n4. Tax Fraud Complaint ( Filed with the IRS ).\n\n5. XXXX  Attorney General Complaint for Unlawful Debt Collection. \n6. SEC Complaint for Securities Fraud ( Loan Securitization Without Disclosure ).\n\n7. Screenshot of CPS SEC Filings ( Proving Loan Securitization ).\n\n8. Relevant U.S. Supreme Court rulings supporting my claim.\n\nIV. Final Legal Notice to CFPB CPS must NOT be allowed to close or deny this complaint as a resolved matter while multiple federal and state complaints are active. \nUnder FDCPA ( 15 U.S.C. 1692k ), debt collectors CAN NOT attempt to collect on a disputed debt while government complaints are unresolved.\n\nCPS has knowingly violated multiple federal laws and must be held fully accountable. \nFailure to act will result in immediate escalation of this case to federal court. \n\nCFPB must respond with written confirmation of their enforcement actions against Failure to provide full remedy will result in the immediate filing of formal complaints with : Failure to provide full remedy will result in the immediate filing of formal complaints with : FINAL NOTICE TO CPS : Failure to provide full remedy will result in the immediate filing of formal complaints with : 1. Consumer Portfolio Services , Inc .\n\n2. U.S. Consumer Financial Protection Bureau ( CFPB ) 3. Federal Trade Commission ( FTC ) 4. U.S. Securities and Exchange Commission ( SEC ) XXXX. Internal Revenue Service ( IRS ) XXXX. XXXX. XXXX XXXX XXXX ( XXXX ) XXXX. XXXX Attorney General XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) URGENT REQUEST FOR CFPB ENFORCEMENT & DIRECT CONTACT REGARDING REQUIRED DOCUMENTATION I request immediate CFPB intervention as Consumer Portfolio Services, Inc. ( CPS ) continues to attempt collection on a fraudulent, securitized, and prepaid debt, despite : Over XXXX open complaints filed across multiple federal and state agencies ( IRS XXXX SEC XXXX XXXX XXXX FTC XXXX XXXX  XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX and others ).\n\nAn active federal court case against CPS, yet they persist in unlawful collection attempts.\n\nCPS has caused damages, financial hardship, emotional distress, and job loss due to their continuous harassment and refusal to acknowledge my legal rights.\n\nFDCPA ( 15 U.S.C. 1692k ) prohibits collection attempts on a disputed debt during open government investigations. CPS is violating this provision and must be ordered to cease collections immediately.\n\nCPS agreed to securities laws under the SEC but continues to ignore its obligations.\n\nI demand : 1. That CFPB immediately contacts\nme via email for any required documentation.\n\n2. That CFPB orders CPS to cease all collection activity until all complaints are resolved.\n\n3. That CPS is investigated for its continued legal violations despite an open federal court case.\n\nFailure to act allows CPS to continue unlawful practices, causing irreparable harm. I expect a written response confirming CFPBs intervention.","date_sent_to_company":"2025-03-18T20:19:07.000Z","issue":"Attempts to collect debt not owed","sub_product":"Auto debt","zip_code":"32208","tags":null,"has_narrative":true,"complaint_id":"12537424","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Consumer Portfolio Services, Inc.","date_received":"2025-03-18T18:59:47.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["Instead, all obligations are XXXX through the XXXX Treasury because all citizens <em>became</em> collateral for national debt under <em>bankruptcy</em>. \n\n12 U.S.C. 411 mandates that <em>Federal</em> Reserve Notes ( FRNs ) are not lawful money. Since banks create money through fractional reserve banking and promissory notes, they never lent real money, only monetized a promise to pay."],"sub_issue":["Debt was already discharged in <em>bankruptcy</em> and is no longer owed"]},"sort":[6.1095667,"12537424"]},{"_index":"complaint-public-v1","_id":"6861858","_score":6.0897303,"_source":{"product":"Debt collection","complaint_what_happened":"This letter is being sent to you as a complaint of never receiving communication by Claimant from PRO COLLECT, INC. The complaint is for failure to respond to the letter and other information requested by the commissioner of the court/affidavit. What law can prohibit a company to ignore legal documents governed by the government? All information requested by affidavit which is not to be treated as normal communication per FDCPA. Deprived of life has been committed against me. I also DIDNT received statements from PRO COLLECT, INC that validates a debt was owed to another company but does not validate that its, I, XXXX XXXX as the alleged debtor. I do not have a contract with PRO COLLECT, INC and I disputed this debt and all claims to contract in accordance with 15 USC 1692 G. Statements cant be validation for identity theft purposes, but are primarily to validate a debt, which is not the same as validating a claim. There is more than one YOUR NAME as a consumer and in this case, PRO COLLECT, INC received a legal affidavit by the commissioner of the court and the company refused to acknowledge the legal document and are committing fraud against the consumers. The following information has also been requested for legal purposes from PRO COLLECT, INC and they are refusing to provide all information. I am also requesting that this information be forwarded to FTC.\n\nBe advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. I dispute this debt and all claims to contract in accordance with 15 USC 1692 G. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. I am absolutely certain that the item I disputed with a legal document that was ignored, should be removed, so I am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my aforementioned dispute.\n\nAs per Section FCRA 609 ( e ) ( 15 U.S.C. 1681g ( 1 ) ), I am entitled to see the source of all the information, which is the original contract that contains my wet link signature and the cashed checks used for bill payment. \nPlease provide the following information as these items will be demanded in court as they are now by affidavit. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of XXXX credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case XXXX  agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that XXXX  risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, XXXX  failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes XXXX  Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX XXXX ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX  ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX  ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, XXXX ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent; and, V ) XXXX times the alleged claim amount of XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account XXXX  also agrees to : 1 . Voluntarily authorize XXXX to record a UCC-1 on XXXX as XXXX to secure the debt owed XXXX ; and, 2. Voluntarily prove their claim as a XXXX in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by XXXX, against XXXX, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. XXXX replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between XXXX and XXXX alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against XXXX, XXXX will reimburse XXXX for any fees XXXX paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against XXXX, in full, or any bankruptcy by XXXX. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor ) You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the XXXX from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received... \n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF THE CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \n1. Alleged Name and Address of Creditor of the time of application and address validation 2. Name on File of Alleged Debtor : 3. Alleged Account # : _________________ 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXX # XXXX XXXX, XXXX, XXXX ), XXXX OID report, XXXX registration statement, XXXX prospectus, XXXX & XXXX call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\n\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n\n2. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n\n3. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n\n4. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n\n5. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n\n6. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\n\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\n\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \n\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 XXXX or XXXX, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the XXXX XXXX Influences and Corrupt Organization ( XXXX ), U.S.C Title 18 1961 et.seq and further using the XXXX Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX ALL INFORMATION WILL BE FORWARDED TO THE TEXAS XXXX XXXX XXXX, AND IRS XXXX XXXX TO INVESTIGATE XXXX XXXX, XXXX UNDER THE BANKING SECRECY ACT AND THE XXXX XXXX UNDER AS WELL, AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \n\n\n\n\nTAKE NOTICE XXXX XXXX, XXXX failure in providing respondent with the requisite verification, validating the above referenced alleged debt due to identity theft within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, XXXX XXXX and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, regarding the listed accounts : XXXX B. ) Debt Collector waives any, and all claims against respondent XXXX ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts. \nXXXX ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX XXXX XXXX. XXXX XXXX Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal Reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve Bank.","date_sent_to_company":"2023-04-19T22:25:32.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"32301","tags":null,"has_narrative":true,"complaint_id":"6861858","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ProCollect, Inc.","date_received":"2023-04-19T22:08:40.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["No civil or <em>criminal</em> cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX XXXX XXXX. XXXX XXXX Furthermore Title 12 U.S.C -411 <em>Federal</em> reserve notes, to be issued at the discretion of the Board of Governors of the <em>Federal</em> Reserve System for the purpose, of making advances to <em>Federal</em> reserve banks through the <em>Federal</em> reserve agents as hereinafter set forth and for no other purpose, are authorized."]},"sort":[6.0897303,"6861858"]},{"_index":"complaint-public-v1","_id":"2759570","_score":5.960185,"_source":{"product":"Mortgage","complaint_what_happened":"This complaint and web article is an update from XX/XX/XXXX XXXX XXXX  XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX To XXXX. XXXX : Stop Playing Games. Turn over the keys! \nAs Standing Trustee, You ALONE, are Responsible for all Matters Related to Our Assets & Property. To Not Comply is in Defiance of Federal & State Laws! \n\nTO : XXXX XXXX XXXX, Chief Executive Officer XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \n\nXXXX, NC XXXX WARNING! \n\n\n\n\n\nTAKE HEED Who is Liable? \n\n\n\n\n\n\n\nAccording to Federal and State Municipal and Local Statutory Laws and Codes, that would be : YOU! \n\n\n\n\n\n\n\nBecause your subordinates can not be used as a shield to hide you from your legal transgressions. \n\n\n\n( XXXX XXXX XXXX, XXXX XXXX XXXX Assistant Vice President/Trustee XXXX XXXX : Assistant Vice President, Beneficiary, Bank of America, as \" Servicer '' XXXX XXXX? Mortgage Complaint Resolution ) Legal Sins that continuously and continually are causing the loss of XXXX XXXX and property. \n\n\n\n\n\n\nAt a compounding cost of countless dollars and holdings. \n\n\n\n\n\n\n\n\n\nBut not without financial and legally grave consequences. \n\n\n\n\n\n\n\nBoth Civil and Criminal \" Civil Cases vs. Criminal Cases - Key Differences Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole. Below is a comparison of the key differences between civil and criminal cases. '' ( XXXX XXXX XXXX ) '' For you, it 's the calm before the storm. \n\n\n\n\n\n\n\n\n\nI need those keys, or you 'll be forced out of seclusion by my rightful and legally permitted plan of action. \n\n\n\n\n\n\n\nI will change the lock ( which I planned to do anywy ) and move in without further notice. \n\n\n\n\n\n\n\nAND ... ..who 'll take the punitive damages liability, the penalty and criminal code punishment if my efforts to extend an Olive Branch to Bank of America falls through? \n\n\n\n\n\n\n\nThe Bank of America Board Chair and CEO, that 's whom. \n\n\n\n\n\n\n\n\n\nI 've requested the keys to XXXX XXXX XXXX XXXX XXXX , CA , but no more. \n\n\n\n\n\n\n\nNow, I 'm demanding them AND QUICK! \n\n\n\n\n\n\n\n\n\nEspecially since learning that the CEO has the ability to hand over those keys because he has first hand access to the property. \n\n\n\n\n\n\n\n\n\n\n\nI will start by confronting you on your tactics, the same asXXXX XXXX XXXX, United States Senator, as he did relative to Bank of America, or should I say, \" your '' Swipe Fees? \n\n\n\n\n\n\n\n\n\n\n\n\" First, there is no evidence that your bank could not continue to offer debit cards profitably just with the revenue you will receive under the generous maximum interchange fee rates that the Federal Reserve has established. The Fed found that it costs a bank on average around 7 cents to conduct a debit transaction, and likely far less for a bank with your economies of scale.\n\nUnder the Feds rule you will be allowed to profit handsomely by collecting around 24 cents per transaction. Your decision to charge a new monthly debit fee is an overt attempt to make even more profit off the backs of your customers. \n\n\n\nSecond, I am aware that you and your industry seek to blame swipe fee reform, which I drafted and Congress enacted, for your decision to raise fees on your customers. However, this justification does not add up. According to industry analysts your bank has 38.7 million debit cardholders. Assuming that these cardholders remain your customers and pay your new {$5.00} dollar fee, Bank of America will make an estimated {$2.00} billion annually from this fee on top of the enormous profit it will already receive under the Feds swipe fee rates. \n\n\n\nYet you recently claimed in an SEC filing that the revenue impact of swipe fee reform on your bank would be significantly less than {$2.00} billion - even if the Fed had set a XXXX cent cap rather than the XXXX cent cap they established. It appears that your new fee will result in another windfall for your bank with swipe fee reform as an excuse. \n\n\n\nI challenge you to prove otherwise. \n\n\n\n\n\nThe American people deserve to know the real story about the swipe fee system and the way big banks have colluded to profit excessively at the expense of our nations businesses and consumers. Debit and credit card swipe fees generate billions for your bank each year. But you did not earn these fees by bettering your competitors in a free market, which is how Main Street businesses have to make their money. \n\n\n\nRather, you earned these billions because the Visa and MasterCard duopoly fixed the same high swipe fee rates for your bank that they did for every other bank, thereby immunizing this revenue stream from competitive pressures that would hold fees at a reasonable level. \n\n\n\nNow that the truth about the anti-competitive swipe fee system has been exposed and the process of reform has begun, banks like yours are desperately looking to keep the money flowing like it did in the past. \n\n\n\nAnd as your new fee demonstrates, you are now looking for ways to make even more lucrative profits off of debit cards than you did before. I do not think your customers will be fooled by this. '' The \" American People '' and I, deserve and demand to know why you 're paying lip service to the approval and recording of a \" Clear Title '' Document. \n\n\n\n\n\n\n\nA Reconveyance indigenous to our referenced property that you knew full well and acknowledged. \n\n\n\n\n\n\n\nThat which already has been evident since XX/XX/XXXX, thanks to a Court Ordered Discharge Decree ofa Chapter XXXX Judge and Trustee. \n\n\n\n\n\n\n\nEspecially in light of your Mortgage racketeering history. \n\n\n\n\n\n\n\n\n\nFirst, it was countrywide Loans, CEOXXXX XXXX XXXX illegally concocted a false claim of ownership, even though we never successfully contracted any agreement with that Company. \n\n\n\n\n\n\n\nWhile under your Trusteeship, XXXX XXXX XXXX and XXXX XXXX joined XXXX XXXX XXXX in a racket to swindle us of possession of our property. \n\n\n\n\n\n\n\nThis charade occurring fewer than two months before we were unceremoniously kicked out of property that you personally declared us as owners, \" Under Penalty of Perjury. '' \" Bank of America tops list of mortgage complaints by borrowers The lender has accounted for 30 % of complaints to the Consumer Financial Protection Bureau, with two-thirds of them involving modifications. \n\nXX/XX/XXXX|By XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank of America noted that the bureau 's website shows 98 % of the problems ( XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX. , which handles customer service on about 15 % of U.S. home loans, has accounted for 30 % of the mortgage complaints logged by the Consumer Financial Protection Bureau , according to a new database made public by the federal watchdog. \n\n\n\nThe level of customer discontent far greater than at home-lending rivals XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX reflects BofA 's struggles since its XX/XX/XXXX acquisition of XXXX XXXX XXXX. \n\n\n\nin XXXX. Countrywide had become the No. 1 mortgage firm by specializing in subprime and other high-risk loans. \n\nBofA, which has recorded tens of billions of dollars in losses on Countrywide loans, was the object of 15,136 mortgage complaints since XX/XX/XXXX,  when the consumer bureau began taking complaints about home loans. \n\n\nThe bank noted that the bureau 's website shows that 98 % of the problems have been resolved. '' The way it looks to me, XXXX XXXX XXXX, has assumed possession of the house XXXX XXXX XXXX Stole from XXXX XXXX & XXXX XXXX on XX/XX/XXXX. \n\n\n\n\n\nIn essence, that makes you the succeeding Swindler. \n\n\n\n\n\n\n\nThat means for each day you withhold possession from us, the more for which you shall answer. \n\n\n\n\" California Theft / Larceny Law Theft ( also calledlarceny ) is a crime against property in California. To provetheft, a prosecutor must establish the defendant 's intent to permanently take or withhold the property owner 's possession or right to the property -- in other words, thespecific intent to steal. Theft can take on many forms depending on the type of property taken as it can involve : Personal property ; Money ; Real property ; or The value of labor or services. \n\n\nCalifornia Code, Penal Code - PEN 484 | '' \" XXXX XXXX XXXX Announces Upsize and Pricing of Public Offering of Common Shares XX/XX/XXXX XXXX XXXX  Eastern Standard Time A story in XXXX, says that several Bank and Mortgage Company CEO 's have \" bought out '' XXXX XXXX, the thief who stole XXXX. \n\n\" Sometimes, it can take place entirely without the owner 's knowledge. However, theft can also occur where an owner entrusts property to another for a temporary or ongoing purpose and the recipient then fails to return the property when due. \n\n\nTheft is either classified as petty theft or grand theft in California, a difference that depends on the value of the property. Generally, grand theft exists where the property is valued above {$950.00}, but there are some exceptions, such as where the property is taken from the victim 's person or where the property taken consists of a firearm. '' XXXX XXXX XXXX  '' Or, put another way ; received Stolen Goods `` Receiving Stolen Property What Does It Mean to \" Receive Stolen Property ''? \n\n\nReceiving stolen property is acrime to purchase or accept property that you know or believe was obtained through theft.The crime is separate from robbery, extortion, or theft.Receiving stolen property is a crime in order to deter people from aiding or rewarding thieves by buying stolen property, concealing stolen property, and to deter theft in general. \n\n\n\nReceiving stolen propertymay be a misdemeanor or felony. '' This is in reference to Our home, our assetsin particular, and a plantation of homes in general. \n\n\n\" In order to be convicted of receiving stolen property, the prosecution must show Property Was In Fact Stolen : In order to be convicted of a receipt of stolen property, the property must actually be in a stolen status. \n\nThis means that the police can not set up the defendant to receive the stolen property just to bust him or her. \n\nKnowledge : The defendant must have knowledge that the property was stolen, or should have known, that the property was stolen Intent to Defraud Owner : The defendant had intent to deprive the owner of his or her property, such as by keeping it, selling it, or giving it away to another party. '' XXXX \" owned '' XXXX XXXX, which now is in the hands of several racketeers. \n\n\nAs in the house he stole from us, we have Proof Of Reconveyance, from a Court Ordered Discharge and several CEO 's. \n\n\n\nAmong them, you, as XXXX XXXX XXXX, Bank ofAmerica. \n\n\n\nHard to extend an Olive Branch to a CEO whose Vice Presidents recorded a Deed on behalf of my spouse and yours truly, and then you assume liability Trusteeship of the house ( s ) XXXX swiped. \n\n\n\n\" XXXX XXXX, BofA XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX XXXX are joint book-running managers for the offering, and XXXX XXXX XXXX is a co-manager for the offering. '' \" U.S. CodeTitle 18Part IChapter 31 641 18 U.S. Code 641 - Public money, property or records prev |next Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of anyrecord, voucher, money, or thing of value of theUnited Statesor of any department or agency thereof, or any property made or being made under contract for theUnited Statesor any department or agency thereof ; or Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted Shall be fined under this title or imprisoned not more than ten years, or both ; but if thevalueof such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. '' In some states, according to \" XXXX XXXX. XXXX, '' the prosecution must show that you intended to aid the thief by purchasing or accepting the stolen property. \n\n\nSome states also differentiate between receiving and possessing stolen property. \n\n\nWell, if we do n't get the keys to the house, or we encounter resistance when we move in, or fail to acquirewritten and literal assistance to repossess the premises, that 's the direct link to the receiving of stolen property. \n\n\n\" XXXX, Ariz. -- ( XXXX XXXX ) -- XXXX XXXX XXXXXXXX ( XXXX : XXXX ) ( the Company ) announced today that it priced its underwritten public offering of 20,076,891 of its  common shares at a public offering price of {$32.00} per share. \n\nThe Company is offering 9,600,000 of its common shares, according toXXXX, which it says was upsized from the previously announced 8,000,000 common shares, and the selling shareholders are offering 10,476,891 common shares. '' The gross proceeds to the Company, says the article, will be {$310.00} million. \n\n\nThe Company will not receive any proceeds, it says, from the offering of common shares by the selling shareholders. \n\n\n\" The Company and certain of the selling shareholders have granted the underwriters a 30-day option to purchase up to an additional 1,505,465 common shares and 1,506,068 common shares from the Company and such selling shareholders, respectively, at the public offering price. \n\nThe offering is expected to close on XX/XX/XXXX, subject to customary closing conditions. '' By proxy of their lingering partnership in Criminal Foreclosures and other Illegal rackets, You, Bank of America CEO XXXX XXXX XXXX are joined at the hip with all the operatives named in the purchase and sale by XXXX XXXX. \n\n\" What If I Did Not Know That the Property Was Stolen? '' The answer : Bank of America is the Trustee So if my spouse an me, as owners possession of the property, then it 's stolen. \n\n\n\n\" The key factor between receiving and possessing stolen property is the timing of the knowledge that it was stolen. If the person receiving the property knew it was stolen at the time of acquisition, then the person is guilty. If the person discovered the property was stolen after accepting it, but still intends to keep it or use it for a dishonest purpose ( such as selling it to someone else ), then the person is guilty of possessing stolen property. '' Because XXXX knows his act of forgery, fraud and embezzlement have caught up to him. \n\n\n\nXXXX has said he wanted out, and now, out he goes. \n\n\n\" Trump friend XXXX XXXX cashes out of XXXX XXXX XXXX '' And just as your swipe fees caught up to you, your actions and racketeering on real estate issues are catching up too. \n\n\n\n\n\n\" Analysts have noted that the real rationale behind your new debit fee is likely not to cover debit processing costs ( which are minimal and easily covered by the Feds generous rule ) but rather to push more consumers to use credit cards whose swipe fees are still unregulated and far exceed debit swipe fees. But here competition will help provide an important check. \n\n\n\nWhen drafting my legislation I anticipated that banks would push consumers toward credit cards so I included a provision allowing merchants to offer discounts for debit versus credit. This provision will help consumers at the cash register and also will constrain your and other big banks efforts to steer customers toward credit cards with all their attendant tricks and traps. \n\n\n\nYour banks spokespeople and advocates have argued strenuously that I am responsible for your decision to charge this new fee on all but your wealthiest customers. In response to this I will simply point out that my legislation was enacted in XX/XX/XXXX. In XX/XX/XXXX, the XXXX XXXX XXXX reported that your bank was preparing new fees on basic banking services for XX/XX/XXXX and that Bank of America customers who only want a low-volume checking account will likely be asked to pay for it. \n\n\n\n( End is Seen to Free CheckingXXXX XXXX XXXX XXXX, XX/XX/XXXX ). In other words, it is on the record that your bank was preparing new fees just like this one well before swipe fee reform became law. '' https : //www.durbin.senate.gov/newsroom/press-releases/letter-to-bank-of-america-ceo-XXXX. '' So now, Bank of America, as Trustee, has no defense for not coming up with those keys. \n\n\n\n\n\n\n\nEssentially, the Bank CEO has been left holding the Bag by XXXX, as he knows that his Trustee Deed ( s ) Upon Sale, used to steal these homes, are all fraudulent. \n\n\n\n\" What are the Possible Consequences of Receiving Stolen Property? \n\n\nReceipt of stolen property is categorized as a \" wobbler '' meaning that the charge can be a felony or misdemeanor. A charge for a receipt of stolen property charge depends on the value of the property at issue. If the property has a high value, the defendant would be charged a felony. If the property value is low, the defendant would be charged as a misdemeanor. If you are found guilty, the court may do any or all of the following : Imprisonment Restitution Fines ( depending on the value of the property ) Probation '' \" Swipe fee reform is merely your latest excuse for jacking up consumer fees, just like the troubled economy was your excuse in XX/XX/XXXX( Banks Boost Customer Fees to Record HighsXXXX XXXX XXXX XXXX, XX/XX/XXXX ), higher costs and consumers increased riskiness was your excuse in XX/XX/XXXX ( Banks find ways to boost fees ; checking accounts latest targetXXXX XXXX, XX/XX/XXXX ), and overdraft restrictions was your excuse in XX/XX/XXXX ( Banks return to charging credit card, checking account feesUSA Today, May 18, 2010 ). \n\n\n\nYour bank has never been shy about seeking more fee revenue to add to the revenue you already receive from maintenance fees, ATM fees, overdraft fees, extended overdrawn balance fees, stop payment fees, interchange fees, research fees and other fees not to mention the interest you receive from lending out consumer deposits. But banks do not need to gouge their customers to operate successfully. \n\n\n\nBanks instead must choose whether their priority will be their customers or their profits and paychecks. You could, for example, choose to give 1.8 million of your customers a reprieve from your new fee by returning the {$9.00} million bonus you received on top of your {$950000.00} salary in XX/XX/XXXX. That choice is yours to make. '' I would agree, and so too, I submit, would my former colleague, XXXX XXXX The following article connected to the above headline is writtenByXXXX XXXX/XX/XX/XXXX, a colleague of mine at XXXX XXXX XXXX : \" XXXX XXXX, a close confidant of President Donald Trumps, haswalked away from the rental housing empire he built following the housing bust, cashing out his ownership stake in a move likely to make him hundreds of millions of dollars. '' The move came late Friday, according to XXXX XXXX, one day afterXXXX published an exposon the company he founded. \n\n\n\n\n\n\n\n\n\nAccording to afilingwith the Securities and Exchange Commission, says the article 's author, XXXX sold all his stock in XXXX XXXX XXXX and resigned his position as co-chairman of its Board of Trustees. \n\n\n\n\n\n\n\nAbout the time XXXX XXXX sold his holdings, my spouse and me had filed a written complaint against him with the Consumer Financial ProtectionBureau.\n\nWe sent him a Certified package, wherein he found a  copy of Deed ( s ) of Reconveyance from Bank of America ( XX/XX/XXXX ), and a \" Release of Lien \" Letter ( XX/XX/XXXX ) from XXXX XXXX, XXXX, a \" Wholly-Owned '' subsidiary of Bank of America. \n\n\n\n\n\n\" XXXX XXXX XXXX XXXX, XXXX. \n\n\nLien Release Department XXXX XXXX XXXX XXXX. \nXXXX : AZXXXX XXXX, AZ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, CA XXXX RE : Substitution of Trustee and Full Reconveyance Property Address XXXX XXXX XXXX XXXX XXXX, CA XXXX Dear Homeowner, Please be informed that when a mortgage or deed of trust is paid in full, the public records must be cleared using a legal document called a lien release or reconveyance. A lien release is a document which \" releases '' a lien on property included in public records. The lien release serves as notification that the borrower no longer owes that specific debt secured by an interest in the property. \n\nIn the states of California, Idaho, Montana, Nebraska, Nevada, Oregon, Utah, and Washington, the Reconveyance is combined or accompanied by a Substitution of Trustee wherein the lender or current holder/beneficiary substitutes the original Trustee with a new trustee. \n\nXXXX XXXX, XXXX, is substituted in the above referenced states to replace the original trustee for the very purpose of releasing a lien on the property. The document is accurate and properly recorded based onthe state statutory guidelines and it removes th encumbrance from your property. \n\nXXXX XXXX XXXX, is a wholly-owned subsidiary of Bank of America, N.A., and is  responsible for preparing, executing, notarizing and sending real property lien releases on behalf of Bank of America. \n\nPaid-in-full loans are referred to XXXX XXXX, XXXX, for lien release processing, All lien releases or reconveyances are recorded with the Country Recorder 's office where the original Deed of Trust or Mortgage was recorded. Please retain for your records the lien release or reconveyance you received as that is proof that your loan is paid in full and released from public records. '' Thank you for your business XXXX XXXX XXXX, XXXX. \nLien Release Department '' In addition, we mailed within the packet, copies of Reconveyances from : b ) XXXX XXXX XXXX XXXX. \n\n\n\nc ) XXXX XXXX XXXX ( both now owned by XXXX XXXX XXXX ) d ) XXXX XXXX, XXXX. ( XXXX XXXX XXXX ) e ) XXXX XXXX XXXX XXXX XXXX and the Chapter XXXX Banruptcy Case XXXX, via a Purchase and Sale Agreement ( XXXX XXXX XXXX ) Contracted using the signatures of XXXX XXXX and XXXX XXXX, without our knowledge or permission. \n\n\n\n\n\n\n\nThrough the relay racket, possession of our home was left to the clutches of XXXX XXXX XXXX XXXX, which then colluded with XXXX XXXX XXXX whose Company then was called \" XXXX XXXX XXXX XXXX ), to steal our home with a forged Trustee Deed. \n\n\n\n\n\nAccording to XXXX the phenomenon XXXX started where tens of thousands of single-family homes are bundled into giant mortgage-backed securities, creating new incentives designed, to skimp on maintenance and maximize rents, says the author, But the phenomenon XXXX started will outlive his ownership. \n\n\n\n\n\n\" XXXX, who often says he likes to befriend the bewildered, has made a career out of profiting off other peoples pain. He began buying houses in XXXX, telling an audience in XXXX that the mass purchases of homes previously foreclosed on was the greatest thing Ive ever done. \n\n\n\n\" Current tenants, however, say the company piles on onerous fees and forces them to live with chronic leaks, mold, mites and even snake infestations. '' While in action with his stolen goods, XXXX XXXX XXXX was making deals with the XXXX, so to speak, and committing acts of treachery against \" tenants '', who probably were the same homeowners from whom the properties were stolen, and converted to Rentals. '' In one county in the XXXX area, says XXXX, the company filed eviction notices against one-third of its tenants, according to a report by the XXXX XXXX XXXX XXXX XXXX. \n\n\n\n\n\nWere just little people in his world, XXXX XXXX, XXXX, said of XXXX. \n\n\n\nTwo weeks after her family moved into a XXXX XXXX home in suburban XXXX, she said a ceiling fan fell on her bed. \n\n\n\nXXXX first signaled his intention to sell in afilingwith the SECon Wednesday, says the article, a week after XXXX contacted the company for comment andfive days after XXXX talked to XXXX by phone, telling him directly that we planned to publish an investigation into poor conditions and mass evictions by XXXX. '' And I and others like me will continue pressing for that investigation, among others, as well as writing to the courts that have Bank of America and the others under foot. \n\n\n\n\n\nNot only will we pressure them into turning on their heretofore partners, but throwing them under the bus to save their own skins. \n\n\n\n\n\nIn this upcoming example, an appeals court made a clear distinction between two separate versions of purchase and sale. \n\n\n\" XXXX XXXX XXXX XXXX XXXX XXXX Court of Appeal, Fourth District, Division 3, California. \nXXXX XXXX, Plaintiff and Appellant, v. XXXX XXXX XXXX XXXX, XXXX. et al., Defendants and Responde XXXX Decided : XXXX XXXX XXXX ORDER MODIFYING OPINION ; NO CHANGE IN JUDGMENT. \n\nOn the court 's own motion, we modify the opinion by deleting the sentence on page 10, stating, Additionally, the debtor has the right to postpone the foreclosure sale for one day to pay off the outstanding debt. ( XXXX v. XXXX XXXX XXXX ( 1985 ) 165 Cal.App.3d 312, 317320. ) Whatever the Court 's opinion, the distinction they make is clear and decisive, related to mortgages and transfer of title for a sale. \n\n\n\n\n\n\" As we noted at the outset of this opinion, the Legislature has eliminated most of the legal and economic distinctions between a mortgage containing a power of sale and a deed of trust. ( XXXX, supra, 270 Cal.App.2d at p. 553 [ holding same rules are generally applied to mortgages and deeds of trust because there is little practical difference between the two instruments ]. ) However, some distinctions between the two security devices endure. \n\n\n\nProbably the most significant distinction is the execution of a mortgage involves only two parties ( i.e., he mortgagor and mortgagee ) ; whereas the execution of a deed of trust necessarily involves three parties ( i.e., the trustor-debtor, beneficiary-creditor, and trustee ) because title to the real property and the power of sale are conveyed to the third party trustee, who holds the interest for the benefit of the beneficiary-creditor. ( See XXXX, XXXX, XXXX XXXX at p. 1510. ) '' In the case of a Title already transferred, the matter of a Deed of Trust is moot, and any purchase and sale agreement therefore is illegal. \n\n\n\n\n\nAnd if I am pushed to it, or someone challenges my demand for the keys, I will prove to them that the law ( s ) regarding refinancing, Purchase and Sale Contracts have been abused, butchered, broken. \n\n\n\n\n\nMy spouse and I have obtained transfer of the Deed of Trust to a Title all the way back to XX/XX/XXXX, in the U.S. Chapter XXXXBankrupty court ( XXXX ). \n\n\n\nThe court Discharged, our Debt and issued an order directing that the Title be transferred to my spouse and me, based on the \" Final Decree '' submitted byXXXX XXXX as U.S. Chapter XXXX Trustee in the above-referenced case. \n\n\n\n\n\" The Final Decree After the submission of a reorganization plan, the bankruptcy court conducts a hearing for confirmation. In certain cases, there may be some alteration or modification due to the interference of the interested parties. If there is no alteration or modification in the reorganization plan, the bankruptcy court initiates steps for the affirmation of the plan. \n\n\n\nAfter completion of all post-confirmation proceedings of the plan, the bankruptcy court sets time limits for filing a final report and motion for a final decree. \n\n\n\nThe Bankruptcy Code requires the court to close a bankruptcy case immediately after full administration of the real property and the discharge of the US Trustee. In short, the entry of a final decree is meant to close a bankruptcy case. '' An Order for a Deed of Reconveyance came with the Discharge. \n\n\n\nThe Order was fulfilled by XXXX XXXX XXXX XXXX, which recorded a Deed of Reconveynance on that same date : XX/XX/XXXX.\n\nIn this upcoming example, again, the appeals court made a clear distinction between two separate versions of purchase and sale. \n\n\n\n\" As the XXXX court explained, section 2932.5 's purpose is not to ensure that borrowers can identify who is holding their loans. Section 2932.5 requires the recorded assignment of a mortgage so that a prospective purchaser knows that the mortgagee has the authority to exercise the power of sale. \n\n\n\nThis is not necessary when a deed of trust is involved, as the trustee conducts the sale and transfers title. [ Citation. ] It is the trustee 's holding and transferring of title that underlies the application of different recording requirements than those required of mortgagees under section 2932.5 [ T ] he literal application of section 2932.5 to  deeds of trust would effectively require the power of sale to be transferred to the lender, contrary to the terms of the trust deed and of section 2934a which provides detailed requirements for the transfer of the power of sale to another trustee. ( XXXX, supra, 205 Cal.App.4th at p. 336, fn. omitted. ) We agree with the XXXX court that the transferee of a promissory note secured by a deed of trust is not a mortgagee, or other encumbrancer to whom a power of sale is given within the meaning of section 2932.5, and such a transferee need not have a duly acknowledged and recorded interest in the promissory note before exercising the power of sale. \n\n\n\n( XXXX, supra, 205 Cal.App.4th at p. 333. ) '' And if pressed to do so, I gladly will embarrass these detractors by proving their treachery, Evasion of Taxes, Embezzlement and Seizure of Assets and of Property without authority or legal standing. \n\n\n\n\" U.S. CodeTitle 12Chapter 38A 3763 12 U.S. Code 3763 - Transfer of title and possession prev|next ( a ) Delivery of deeds The foreclosure commissioner shall, upon delivery of a deed or deeds to the purchaser or purchasers ( which shall be without warranty or covenants to the purchaser or purchasers ) obtain the balance of the purchase price in accordance with the terms of sale provided in the notice ofdefaultand foreclosure sale. \n\n\nNotwithstanding anyStatelaw to the contrary, delivery of a deed by the foreclosure commissioner shall be a conveyance of the property, and constitute passage of title to the mortgaged property, and no judicial proceedings shall be required ancillary or supplementary to the procedures provided in this chapter to assure the validity of the conveyance or confirmation of such conveyance. \n\n\n( b ) Right of possession A purchaser at a foreclosure sale held pursuant to this chapter shall be entitled to possession upon passage of title under subsection ( a ) to the mortgagedproperty, subject to any interest or interests not barred undersection 3765 of this title. \n\nAny person remaining in possession of the mortgaged property after thepassageof title shall be deemed a tenant at sufferance subject to eviction under Penalty of Perjury.","date_sent_to_company":"2017-12-20T08:42:57.000Z","issue":"Closing on a mortgage","sub_product":"Conventional home mortgage","zip_code":"94538","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2759570","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2017-12-20T03:31:38.000Z","state":"CA","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":["Both Civil and <em>Criminal</em> \" Civil Cases vs. <em>Criminal</em> Cases - Key Differences Civil cases usually involve private disputes between persons or organizations. <em>Criminal</em> cases involve an action that is considered to be harmful to society as a whole. Below is a comparison of the key differences between civil and <em>criminal</em> cases. '' ( XXXX XXXX XXXX ) '' For you, it 's the calm before the storm."]},"sort":[5.960185,"2759570"]},{"_index":"complaint-public-v1","_id":"3065281","_score":5.8780794,"_source":{"product":"Debt collection","complaint_what_happened":"This formal complaint is registered with the Consumer Financial Protection Bureau ( CFPB ) as a precautionary measure regarding XXXX XXXX account ending in XXXX. XXXX XXXX was informed ( in CFPB Case No : XXXX and XXXX ) on XX/XX/XXXX that consumer ( XXXX XXXX XXXX ) is XXXX-years old, head-of-household, indigent and has no attachable property of value. Consumers sole income is Social Security income ONLY. Consumers family requested an investigative process once they became aware of dunning letters regarding XXXX XXXX account ending in XXXX. The estate of consumer XXXX XXXX XXXX finds it imperative to file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) when responding to a notification letter from the law firm of Brumbaugh & Quandahl P.C. The letter was dated XX/XX/XXXX. Consumers estate is responding within the 30-day timeline referenced in the letter. A XXXX XXXX   representative ( XXXX XXXX Senior Associate, Executive Office of Customer Advocacy ) placed consumers XXXX XXXX account with the law firm of Brumbaugh & Quandahl in retaliation to receiving consumers complaints through the CFPB. Mr. XXXX actions will be dealt with accordingly due to the fact Mr. XXXX attempted to lure consumer into a conflict of interest scenario by advising consumer to contact his office as well as the law firm of Brumbaugh & Quandahl simultaneously. Mr. XXXX has no authority to advise consumer of anything. \nConsumers estate filed CFPB complaints against XXXX XXXX ( Case Nos. : XXXX and XXXX ) on XX/XX/XXXX and made known that consumers bank account was compromised and that an investigative process was in effect. Consumers estate informed XXXX XXXX that card charges were suspect and were not charges made by consumer. Consumers estate asked that XXXX XXXX implement an investigative process and respond to the complaints through the CFPB portal. In the second half of this complaint XXXX XXXX response ( dated XX/XX/XXXX ) has been added to this documentation. Consumer has chosen the Consumer Financial Protection Bureau ( CFPB ) to respond to a Brumbaugh & Quandahl notification letter ( dated XX/XX/XXXX ) as a form of evidentiary documentation in lieu of litigation. It is a known fact that the law firm of Brumbaugh & Quandahl P.C. ; engage in predatory, abusive, harassing, deceptive and unfair debt collection practices regularly. Consumer 's estate does not want to see consumer suffer these tactics implemented by the law firm of Brumbaugh & Quandahl. Please Note : XXXX XXXX vs. XXXX XXXX, XXXX and BRUMBAUGH & QUANDAHL , P.C . ; whereby a federal magistrate Judge ruled in favor of the consumer and sanctioned the law firm for unlawful garnishment of a federally protected income account after receiving formal ( written ) notification of protected funds. Garnishment of Social Security funds from a bank account after collector is on notice that the bank account ONLY contains exempt funds can be an unfair debt collection violation with extensive ramifications. Brumbaugh & Quandahl are on notice that consumers bank account contains exempt Social Security funds ( ONLY ) protected under the FDCPA. See 15 U.S.C. 1692f. Therefore, the estate of XXXX XXXX XXXX is prepared to do battle with the law firm of Brumbaugh & Quandahl, P.C. if they engage in old habits of ignoring federal ( and state ) laws regarding the Rights of Consumers under the protection of the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a )., the Nebraska Supreme Court ( Nebraska Revised Statute Section 25-1563.01 ) ; Nebraska Attorney Generals Office ( AG ) and the Fair Debt Collection Practices Act ( FDCPA ) .15 U.S.C. 1692 ( e ). \nThe estate of consumer ( XXXX XXXX XXXX ) notified XXXX XXXX ( through the CFPB XX/XX/XXXX ) that consumer is XXXX-years old, head-of-household and has no attachable property of value. Consumers sole income is Social Security income protected under the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a ). Consumer has a Social Security Award letter that is proof positive verification of consumers sole protected income. The estate repeats this information because the law firm of Braumbaugh & Quandahl, P.C. ;  have been known to ignore the law and adopt their own agenda. Consumers estate made known to XXXX XXXX that consumer is a victim of another individuals misuse of the XXXX XXXX ending in XXXX. Consumer \" disputes '' owing charges indicative of {$22000.00}. In XX/XX/XXXX, consumer XXXX XXXX XXXX was diagnosed with XXXX  XXXX XXXX. Consumer 's XXXX XXXX has progressively worsened in the last few years. Due to this fact, consumers credit cards were closed by consumers second eldest daughter ( XXXX ) in XX/XX/XXXX. Consumers youngest daughter ( XXXX XXXX ) has a substantial criminal history and is known to take advantage of consumer ( XXXX XXXX XXXX ) on a monetary, emotional and physical level daily. XXXX XXXX confiscated consumers XXXX XXXX, re-opened it, and designated herself an Authorized User in XX/XX/XXXX. Consumer ( XXXX XXXX XXXX ) was  XXXX XXXX of authorizing anyone as an authorized user of consumers XXXX XXXX ( or any credit card ) in XX/XX/XXXX. Consumer has XXXX XXXX XXXX which has not improved since being diagnosed with XXXX XXXX XXXX in XX/XX/XXXX. Consumers eldest daughter ( XXXX ) is presently petitioning the courts for guardian/conservator to oversee consumers financial and physical well-being after being notified of the Discover Card account. Based on XXXX XXXX admission ( in a written response to consumers CFPB complaint dated XX/XX/XXXX ) it is XXXX XXXX   responsibility to seek retribution from XXXX XXXX who knowingly compromised consumers XXXX XXXX XXXX   vulnerability and did so maliciously and intentionally. If XXXX XXXX chooses to excuse XXXX XXXX from all liability then that is XXXX XXXX loss and not the responsibility of consumer. Consumers estate will pursue this matter diligently and has reached out to the XXXX XXXX law firm in XXXX XXXX XXXX Iowa who is familiar with the antics of Brumbaugh & Quandahl law firm and equipped to litigate this matter efficiently. \n\nThis is XXXX XXXX response to the CFPB complaint filed by consumers estate on XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Re : XXXX XXXX   account ending in : XXXX Consumer Financial Protection Bureau Case Nos. : XXXX and XXXX Dear XXXX XXXX XXXX : Thank you for your recent correspondence to the Consumer Financial Protection Bureau. To ensure your concerns are handled with priority, your letter has been referred to my attention within the Executive Office of Customer Advocacy at XXXX. I regret to learn of your dissatisfaction with the correspondence you have received regarding the past due status of the above account. I have reviewed your account and would like to share the following. According to our records, XXXX XXXX was added as an Authorized User on your account on XX/XX/XXXX. As an Authorized User she had full buying privileges ; however she did not have a contractual liability and therefore she is not obligated for repayment of any balances created on the account. In an effort to notify you of the past due status of your account and offer repayment assistance, we provided you with notices regarding the status of your account. Your account charged off due to non-payment on XX/XX/XXXX. The balance on your account at time of charge off was {$22000.00}. Our records indicate, as of XX/XX/XXXX, we have taken the appropriate actions to prevent contact regarding the status of the above referenced account. Your account has been placed with Brumbaugh & Quandahl, P.C., L.L.O. for further collection efforts on our behalf. Please contact Brumbaugh & Quandahl, P.C., L.L.O. to discuss repayment arrangements on your account. They can be reached at ( XXXX ) XXXX. Thank you for allowing me to be of assistance, should you have any additional questions, please feel free to contact me at ( XXXX ) XXXX. I am typically available Monday-Friday, XXXX XXXX XXXX, ET. Sincerely, XXXX XXXX Senior Associate, Executive Office of Customer Advocacy This is an attempt to collect a debt ; any information obtained may be used for this purpose. CC : Consumer Financial Protection Bureau Furthermore, consumers sole income is Social Security income and protected under compilation of the Social Security Laws Section 207 [ 42 U.S.C. 407 ] ( a ) it states : the right of any person to any future payment under this title shall NOT be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law., whether consumer gives permission or not consumer does not have the authority to authorize garnishment of a federally protected account. Under Nebraska Revised Statute Section 25-1563.01. ; the same  Supreme Court ruling applies in this matter. Consumers protected income presents a genuine issue of material fact that if a summary judgment is granted ( after receipt of this CFPB notification ) it shall be construed as a deceptive, frivolous, abusive and harassing process. Consumer is impoverished and refuses to be a victim of unjust enrichment and extortive tactics routinely inflicted by the law firm of Brumbaugh & Quandahl, P.C. Consumer has no fiduciary or contractual obligation to a 'third party ' debt collector because there is no exchange of any benefit or detriment with ANY future collection agencies or collection law firms. There will be no enforceable agreement. No payment history, nor products, or services has been rendered to such entities because these elements do not exist ; there is a 'failure of consideration ' and no valid agreement, contract or fiduciary obligation under federal law that requires payment to such parties. Furthermore, a federal lawsuit will commence if consumers Social Security income is tampered with after receipt of this formal notice presented in the realms of the Consumer Financial Protection Bureau ( CFPB ). Consumer 's estate does not wish to enter into a dialog with the law firm of Brumbaugh & Quandahl, P.C. as they have heard horror stories regarding interaction with this dreadful law firm. Consumer 's estate wishes all communication with the law firm of Brumbaugh & Quandahl remain within the confines of the CFPB portal. Consumer 's estate  wishes to thank the Consumer Financial Protection Bureau ( CFPB ) for  its mediation and documentation portal as well as all you do to protect the general public from unethical debt collectors. Thank you.","date_sent_to_company":"2018-11-05T07:04:26.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"684XX","tags":"Older American","has_narrative":true,"complaint_id":"3065281","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BQ & Associates, P.C., L.L.O.","date_received":"2018-11-05T01:05:13.000Z","state":"NE","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["operation of any <em>bankruptcy</em> or insolvency law., whether consumer gives permission or not consumer does not have the authority to authorize garnishment of a <em>federally</em> protected account."]},"sort":[5.8780794,"3065281"]},{"_index":"complaint-public-v1","_id":"3065315","_score":5.8757887,"_source":{"product":"Debt collection","complaint_what_happened":"This formal complaint is registered with the Consumer Financial Protection Bureau ( CFPB ) as a precautionary measure regarding Discover Card account ending in XXXX. Discover Card was informed ( in CFPB Case No : XXXX and XXXX ) on XX/XX/XXXX that consumer ( XXXX XXXX XXXX ) is XXXX-years old, head-of-household, indigent and has no attachable property of value. Consumers sole income is Social Security income ONLY. Consumers family requested an investigative process once they became aware of dunning letters regarding Discover Card account ending in XXXX. The estate of consumer XXXX XXXX XXXX finds it imperative to file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) when responding to a notification letter from the law firm of XXXX XXXX XXXX XXXX. The letter was dated XX/XX/XXXX. Consumers estate is responding within the 30-day timeline referenced in the letter. A Discover Card representative ( XXXX XXXX Senior Associate, Executive Office of Customer Advocacy ) placed consumers Discover Card account with the law firm of XXXX XXXX XXXX in retaliation to receiving consumers complaints through the CFPB. Mr. XXXX actions will be dealt with accordingly due to the fact Mr. XXXX attempted to lure consumer into a conflict of interest scenario by advising consumer to contact his office as well as the law firm of XXXX XXXX XXXX simultaneously. Mr. XXXX has no authority to advise consumer of anything. \nConsumers estate filed CFPB complaints against Discover Card ( Case Nos. : XXXX and XXXX ) on XX/XX/XXXX and made known that consumers bank account was compromised and that an investigative process was in effect. Consumers estate informed Discover Card that card charges were suspect and were not charges made by consumer. Consumers estate asked that Discover Card implement an investigative process and respond to the complaints through the CFPB portal. In the second half of this complaint Discover Card response ( dated XX/XX/XXXX ) has been added to this documentation. Consumer has chosen the Consumer Financial Protection Bureau ( CFPB ) to respond to a XXXX XXXX XXXX notification letter ( dated XX/XX/XXXX ) as a form of evidentiary documentation in lieu of litigation. It is a known fact that the law firm of XXXX XXXX XXXX XXXX. ; engage in predatory, abusive, harassing, deceptive and unfair debt collection practices regularly. Consumer 's estate does not want to see consumer suffer these tactics implemented by the law firm of XXXX XXXX XXXX. Please Note : XXXX XXXX vs. XXXX XXXX XXXX and XXXX XXXX XXXX , XXXX . ; whereby a federal magistrate Judge ruled in favor of the consumer and sanctioned the law firm for unlawful garnishment of a federally protected income account after receiving formal ( written ) notification of protected funds. Garnishment of Social Security funds from a bank account after collector is on notice that the bank account ONLY contains exempt funds can be an unfair debt collection violation with extensive ramifications. XXXX XXXX XXXX are on notice that consumers bank account contains exempt Social Security funds ( ONLY ) protected under the FDCPA. See 15 U.S.C. 1692f. Therefore, the estate of XXXX XXXX XXXX is prepared to do battle with the law firm of XXXX XXXX XXXX, XXXX. if they engage in old habits of ignoring federal ( and state ) laws regarding the Rights of Consumers under the protection of the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a )., the Nebraska Supreme Court ( Nebraska Revised Statute Section 25-1563.01 ) ; Nebraska Attorney Generals Office ( AG ) and the Fair Debt Collection Practices Act ( FDCPA ) .15 U.S.C. 1692 ( e ). \nThe estate of consumer ( XXXX XXXX XXXX ) notified Discover Card ( through the CFPB XX/XX/XXXX ) that consumer is XXXX-years old, head-of-household and has no attachable property of value. Consumers sole income is Social Security income protected under the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a ). Consumer has a Social Security Award letter that is proof positive verification of consumers sole protected income. The estate repeats this information because the law firm of XXXX XXXX XXXX, XXXX. ; have been known to ignore the law and adopt their own agenda. Consumers estate made known to Discover Card that consumer is a victim of another individuals misuse of the Discover Card ending in XXXX. Consumer \" disputes '' owing charges indicative of {$22000.00}. In XX/XX/XXXX, consumer XXXX XXXX XXXX was diagnosed with XXXX XXXX  XXXX. Consumer 's XXXX   status has progressively worsened in the last few years. Due to this fact, consumers credit cards were closed by consumers second eldest daughter ( XXXX ) in XX/XX/XXXX. Consumers youngest daughter ( XXXX XXXX ) has a substantial criminal history and is known to take advantage of consumer ( XXXX XXXX XXXX ) on a monetary, emotional and physical level daily. XXXX XXXX confiscated consumers Discover Card, re-opened it, and designated herself an Authorized User in XX/XX/XXXX. Consumer ( XXXX XXXX XXXX ) was XXXX XXXX of authorizing anyone as an authorized user of consumers Discover Card ( or any credit card ) in XX/XX/XXXX.  Consumer has XXXX XXXX XXXX which has not improved since being diagnosed with XXXX XXXX  XXXX in XX/XX/XXXX. Consumers eldest daughter ( XXXX ) is presently petitioning the courts for guardian/conservator to oversee consumers financial and physical well-being after being notified of the Discover Card account. Based on Discover Cards admission ( in a written response to consumers CFPB complaint dated XX/XX/XXXX ) it is Discover Cards responsibility to seek retribution from XXXX XXXX who knowingly compromised consumers XXXX and financial vulnerability and did so maliciously and intentionally. If Discover Card chooses to excuse XXXX XXXX from all liability then that is Discover Cards loss and not the responsibility of consumer. Consumers estate will pursue this matter diligently and has reached out to the XXXX XXXX law firm in XXXX XXXX XXXX Iowa who is familiar with the antics of XXXX XXXX XXXX law firm and equipped to litigate this matter efficiently. \n\nThis is Discover Cards response to the CFPB complaint filed by consumers estate on XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Re : Discover card account ending in : XXXX Consumer Financial Protection Bureau Case Nos. : XXXX and XXXX Dear XXXX XXXX XXXX : Thank you for your recent correspondence to the Consumer Financial Protection Bureau. To ensure your concerns are handled with priority, your letter has been referred to my attention within the Executive Office of Customer Advocacy at Discover. I regret to learn of your dissatisfaction with the correspondence you have received regarding the past due status of the above account. I have reviewed your account and would like to share the following. According to our records, XXXX XXXX was added as an Authorized User on your account on XX/XX/XXXX. As an Authorized User she had full buying privileges ; however she did not have a contractual liability and therefore she is not obligated for repayment of any balances created on the account. In an effort to notify you of the past due status of your account and offer repayment assistance, we provided you with notices regarding the status of your account. Your account charged off due to non-payment on XX/XX/XXXX. The balance on your account at time of charge off was {$22000.00}. Our records indicate, as of XX/XX/XXXX, we have taken the appropriate actions to prevent contact regarding the status of the above referenced account. Your account has been placed with XXXX XXXX XXXX, XXXX, XXXX. for further collection efforts on our behalf. Please contact XXXX XXXX XXXX, XXXX, XXXX. to discuss repayment arrangements on your account. They can be reached at ( XXXX ) XXXX. Thank you for allowing me to be of assistance, should you have any additional questions, please feel free to contact me at ( XXXX ) XXXX. I am typically available Monday-Friday, XXXX XXXX.-XXXX XXXX, ET. Sincerely, XXXX XXXX Senior Associate, Executive Office of Customer Advocacy This is an attempt to collect a debt ; any information obtained may be used for this purpose. CC : Consumer Financial Protection Bureau Furthermore,  consumers sole income is Social Security income and protected under compilation of the Social Security Laws Section 207 [ 42 U.S.C. 407 ] ( a ) it states : the right of any person to any future payment under this title shall NOT be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law., whether consumer gives permission or not consumer does not have the authority to authorize garnishment of a federally protected account. Under Nebraska Revised Statute Section 25-1563.01. ; the same Supreme Court ruling applies in this matter. Consumers protected income presents a genuine issue of material fact that if a summary judgment is granted ( after receipt of this CFPB notification ) it shall be construed as a deceptive, frivolous, abusive and harassing process. Consumer is impoverished and refuses to be a victim of unjust enrichment and extortive tactics routinely inflicted by the law firm of XXXX XXXX XXXX, XXXX. Consumer has no fiduciary or contractual obligation to a 'third party ' debt collector because there is no exchange of any benefit or detriment with ANY future collection agencies or collection law firms. There will be no enforceable agreement. No payment history, nor products, or services has been rendered to such entities because these elements do not exist ; there is a 'failure of consideration ' and no valid agreement, contract or fiduciary obligation under federal law that requires payment to such parties. Furthermore, a federal lawsuit will commence if consumers Social Security income is tampered with after receipt of this formal notice presented in the realms of the Consumer Financial Protection Bureau ( CFPB ). Consumer 's estate does not wish to enter into a dialog with the law firm of XXXX XXXX XXXX, XXXX. as they have heard horror stories regarding interaction with this dreadful law firm. Consumer 's estate wishes all communication with the law firm of XXXX XXXX XXXX remain within the confines of the CFPB portal. Consumer 's estate wishes to thank the Consumer Financial Protection Bureau ( CFPB ) for its mediation and documentation portal as well as all you do to protect the general public from unethical debt collectors.  Thank you.","date_sent_to_company":"2018-11-05T07:05:17.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"684XX","tags":"Older American","has_narrative":true,"complaint_id":"3065315","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2018-11-05T02:05:02.000Z","state":"NE","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["the operation of any <em>bankruptcy</em> or insolvency law., whether consumer gives permission or not consumer does not have the authority to authorize garnishment of a <em>federally</em> protected account."]},"sort":[5.8757887,"3065315"]},{"_index":"complaint-public-v1","_id":"3691940","_score":5.8127327,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX ( \" XXXX '' ), PHH Mortgage Corporation d/b/a PHH Mortgage Services ( \" PHH '' ), Ocwen Loan Servicing, LLC ( \" OLS '' ) and XXXX XXXX XXXX ( \" Attorneys XXXX '' ) are committing mail fraud in violation of 18 U.S.C. section 1341, the crime of fictitious addresses and persons in violation of 18 U.S.C. section 1342, conspiracy in violation of 18 U.S.C. section 371 and other predicate acts in violation of State and Federal criminal statutes as it pertains to their unlawful debt collection practices and illegal foreclosure in the Superior Court of New Jersey in further violation of the consent judgments entered in the U.S. District Court for the District of Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). In response to my XX/XX/XXXX communication forwarded to XXXX, PHH and Attorneys XXXX regarding account number XXXX and Docket No. : XXXX ( N.J. Sup. Ct. ) and made pursuant to 15 U.S.C. section 1962 ( g ) ; 12 U.S.C. section 2605 ( e ) and 15 U.S.C. section 1601 et seq. ; and 15 U.S.C. section 7021 ( f ), Attorneys XXXX responded with communications dated XX/XX/XXXX ( See Exhibits \" A '' and \" B '' ), while XXXX responded with communications dated XX/XX/XXXX ( See Exhibit \" C '' ) and XX/XX/XXXX ( See Exhibits \" D '' and \" E '' ) with exhibits enclosed thereto that along with the responses are false, deceptive and / or incomplete for the following reasons : 1. the communications regarding the above referenced account number and civil docket number sent from Attorneys XXXX as third-party debt collectors and foreclosure counsel that are tilted MORTGAGE REINSTATEMENT QUOTE '' ( See Exhibit \" A '' ) and PAYOFF QUOTE VALID THROUGH ( See Exhibit \" B '' ) that are both dated XX/XX/XXXX ; XXXX c/o PHH as debt collectors both dated XX/XX/XXXX ( See Exhibits \" D '' and \" E '' ) ; and the Monthly Mortgage Statement from XXXX  c/o PHH dated XX/XX/XXXX for the payment declared XX/XX/XXXX XXXX See Exhibit \" F '' ), are false and deceptive upon declaring a default as of XX/XX/XXXX for an alleged failure to pay the installment due, while concealing and omitting that : a. the above reference account number went into default with the payment missed for the installment due XX/XX/XXXX and the installments due each month thereafter as declared within the foreclosure complaint filed on XX/XX/XXXX in the Superior Court of New Jersey under Docket No. : XXXX by Litton Loan Servicing LP ( Litton Loan ) through XXXX XXXX XXXX, XXXX. ( Attorneys XXXX ) on the same day XXXX XXXX died ( See Exhibit \" G '' ) ; b. no payments were made for the months due as of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX following Litton Loans  election to accelerate and demand the total indebtedness declared owing towards the above referenced account number upon commencement of foreclosure on XX/XX/XXXX under Docket No. : XXXX ; c. on XX/XX/XXXX, I executed a Trial Modification Agreement prepared and offered by Litton Loan for the above referenced account requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit \" H '' ) and forwarded the trial modification agreement along with two certified checks each for {$1900.00} dated XX/XX/XXXX for the XX/XX/XXXX and XX/XX/XXXX trial modification payments that were received and cashed by Litton Loan ( See Exhibit \" I '' ) ; d. by certified check dated XX/XX/XXXX, I made the last of three trial modification payments for {$1900.00} that was received and cashed by Litton Loan ( See Exhibit \" J '' ), the latter of who failed to permanently modify the above referenced account number promised and, instead, maintained the foreclosure action filed the same day as XXXX XXXX on XX/XX/XXXX under Docket No. XXXX wherein XX/XX/XXXX is declared the date of default ( See Exhibit \" G '' ). ; e. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1800.00} for payment due as of XX/XX/XXXX ( See Exhibit \" K '' ). ; f. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" L '' ). ; g. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" M '' ). ; h. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" N '' ). ; i. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" O '' ). ; j. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" P '' ). ; k. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" Q '' ). ; l. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as ofXX/XX/XXXX ( See Exhibit \" R '' ). ; and m. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as of XX/XX/XXXX ( See Exhibit \" S '' ). ; 2. the alleged payment reconciliation histories ( See Exhibit \" T '' ) enclosed within one of the XX/XX/XXXX communications from XXXX  c/o PHH omit and conceal approximately $ 21k in payments tendered to Litton Loan towards the above referenced account number with approximately $ 16k being cashed by Litton Loan from XX/XX/XXXX through XX/XX/XXXX ( See Exhibits \" I '' through \" S '' ). ; 3. XXXX, PHH, OLS and Attorneys XXXX have failed to explain and / or justify the fees and expenses from XX/XX/XXXX through XX/XX/XXXX displayed within the Breakdown of outstanding fees and expenses ( See Exhibit \" U '' ) enclosed within the XX/XX/XXXX communication from XXXX c/o PHH including, but not limited to, : Property Inspections beginning XX/XX/XXXX ; Title Search Expenses beginning XX/XX/XXXX ; Foreclosure Cost beginning XX/XX/XXXX ; Property Preservation/Maintenance Fee ; and Property Appraisal/BPO. 4. XXXX, PHH, OLS and Attorneys XXXX failed to enclose evidence of an assignment and sale of the paper note and mortgage associated with the above referenced account number from XXXX XXXX XXXX  XXXX ( XXXX XXXX XXXX  ) as the original lender for the above referenced account number, prior to XXXX XXXX XXXX bankruptcy petition filed on XX/XX/XXXX in the United States Bankruptcy Court for the District of Delaware in Case No. XXXX ( XXXX  ) ( See Exhibit \" V '' ) and before termination of XXXX XXXX XXXX executory contracts with XXXX XXXX XXXX XXXX XXXX , XXXX ( XXXX ) and the latters wholly-owned subsidiary Mortgage Electronic Registration Systems , Inc. ( MERS ) on XX/XX/XXXX ( See Exhibit \" W '' ). ; 5. the instrument titled Corporate Assignment of Mortgage enclosed within both XX/XX/XXXX communications from XXXX  c/o PHH ( See Exhibit \" X '' ), is falsely uttered forged falsely notarized upon misrepresenting that XXXX  XXXX XXXX ,  XXXX. Successor By Merger to XXXX XXXX, XXXX. FKA XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX at XXXX XXXX XXXX, XXXX, FL XXXX assigned the mortgage associated with the above referenced account number to XXXX XXXX XXXX XXXX, Successor in Interest to XXXX  XXXX XXXX XXXX XXXX, Successor by Merger to XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX at C/O PHH Mortgage Corporation at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX on XX/XX/XXXX, when : ( 1 ) there is no evidence that XXXX XXXX XXXX  assigned and transferred the subject note and mortgage before entering bankruptcy on XX/XX/XXXX ( See Exhibit \" V '' ) or upon approval from the U.S. Bankruptcy Court for the District of Delaware in Case No. XXXX ( XXXX  ) ; ( 2 ) there is no evidence the alleged assignor operated at the alleged address designated within the instrument which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; ( 3 ) there is no evidence that PHH Mortgage Corporation was authorized to act on behalf of the alleged assignee designated within the address ; ( 4 ) the address provided for the alleged assignee is the address for Ocwen Loan Servicing, LLC ( OLS ) and there is no evidence that the alleged assignee operates out of the same address as OLS which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; and ( 5 ) the name and alleged signature of XXXX XXXX XXXX appearing as an alleged Assistant Vice President for XXXX  XXXX XXXX, XXXX. Successor By Merger to XXXX XXXX, XXXX. FKA XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX is a forgery, along with the alleged notarization by Florida notary public XXXX XXXX annexed thereto, because both persons were at times employed by OLS. ; 6. enclosed within the two communications from XXXX  c/o PHH dated XX/XX/XXXX were two different versions of a five page note instrument ( See Exhibits \" Y '' and \" Z '' ) wherein neither instrument displays an indorsement by XXXX XXXX XXXX as the original lender, neither instrument has an allonge permanently affixed to page five of the note instrument, and one of the two instruments enclosed a separate - untitled page behind page five of the note that displays the forged name and stamp of XXXX XXXX whose name and varying signatures were identified within the Florida Attorney Generals Crime Division Report titled The Office of the Attorney General Economics Crime Division : Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases that was filed with the Supreme Court of Florida on XX/XX/XXXX as Appendix G in Case No. : XXXX ( See Exhibit \" AA '' ). ; 7. XXXX, PHH and Attorneys XXXX failed to prove compliance with 15 U.S.C. section 1641 ( g ) and failed to forward the notice of new creditor forwarded to me as required by 15 U.S.C. section 1641 ( g ). ; and 8. XXXX, PHH and Attorneys XXXX failed to comply with 15 U.S.C. section 7021 ( f ) by failing to provide me the authoritative copy of the transferable record assigned XXXX XXXX. Furthermore, because of the acceleration of the mortgage associated with the above referenced account number pursuant to N.J.S.A. 46:9-6 and demand for payment of the total amount due and owing towards the above referenced account number for the default on XX/XX/XXXX as declared within the foreclosure complaint filed by Litton Loan in the Superior Court of New Jersey on XX/XX/XXXX in Docket No. XXXX ( See Exhibit \" G '' ), the latter of which was dismissed by OLS on XX/XX/XXXX ( See Exhibit \" G-1 '' ), the note and mortgage connected to the above referenced account number became time-barred as of XX/XX/XXXX pursuant to N.J.S.A. XXXX ( a ). I am demanding the CFPB forward this complaint to law enforcement along with the monitors for the consent judgments entered in the U.S. District Court for the District of Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). Any response the XXXX, PHH and Ocwen are subject to 18 U.S.C. 1001.","date_sent_to_company":"2020-06-10T14:28:11.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3691940","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-10T14:16:29.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Any response the XXXX, PHH and Ocwen are <em>subject</em> to 18 U.S.C. 1001."]},"sort":[5.8127327,"3691940"]},{"_index":"complaint-public-v1","_id":"3691957","_score":5.346065,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX ( \" XXXX '' ), XXXX XXXX XXXX  XXXX  PHH Mortgage Services ( \" XXXX XXXX  ), Ocwen Loan Servicing,  LLC ( \" OLS '' ) and XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ) are committing mail fraud in violation of 18 U.S.C. section 1341, the crime of fictitious addresses and persons in violation of 18 U.S.C. section 1342, conspiracy in violation of 18 U.S.C. section 371 and other predicate acts in violation of State and Federal criminal statutes as it pertains to their unlawful debt collection practices and illegal foreclosure in the XXXX XXXX of New Jersey in further violation of the consent judgments entered in the XXXX XXXX XXXX for XXXX XXXX XXXX Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). In response to my XX/XX/XXXX communication forwarded to XXXX, PHH and XXXX  XXXX regarding account number XXXX and Docket No. : XXXX ( XXXX XXXX. XXXX ) and made pursuant to 15 U.S.C. section 1962 ( g ) ; 12 U.S.C.  section 2605 ( e ) and 15 U.S.C. section 1601 et seq. ; and 15 U.S.C. section 7021 ( f ), Attorneys XXXX  responded with communications dated XX/XX/XXXX ( See Exhibits \" A '' and \" B '' ), while XXXX responded with communications dated XX/XX/XXXX ( See Exhibit \" C '' ) and XX/XX/XXXX ( See Exhibits \" D '' and \" E '' ) with exhibits enclosed thereto that along with the responses are false, deceptive and / or incomplete for the following reasons : 1. the communications regarding the above referenced account number and civil docket number sent from Attorneys XXXX as third-party debt collectors and foreclosure counsel that are tilted MORTGAGE REINSTATEMENT QUOTE '' ( See Exhibit \" A '' ) and PAYOFF QUOTE VALID THROUGH ( See Exhibit \" B '' ) that are both dated XX/XX/XXXX ; XXXX c/o PHH  as debt collectors both dated XX/XX/XXXX ( See Exhibits \" D '' and \" E '' ) ; and the Monthly Mortgage Statement from XXXX c/o PHH dated XX/XX/XXXX for the payment declared XX/XX/XXXX ( See Exhibit \" F '' ), are false and deceptive upon declaring a default as of XX/XX/XXXX for an alleged failure to pay the installment due, while concealing and omitting that : a. the above reference account number went into default with the payment missed for the installment due XX/XX/XXXX and the installments due each month thereafter as declared within the foreclosure complaint filed on XX/XX/XXXX in the XXXX XXXXXXXX of New Jersey under Docket No. : XXXX by Litton Loan Servicing LP ( Litton Loan ) through XXXX XXXX XXXX, XXXX. ( Attorneys XXXX ) on the same day XXXX XXXX died ( See Exhibit \" G '' ) ; b. no payments were made for the months due as of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX following Litton Loans election to accelerate and demand the total indebtedness declared owing towards the above referenced account number upon commencement of foreclosure on XX/XX/XXXX under Docket No. : XXXX ; c. on XX/XX/XXXX, I executed a Trial Modification Agreement prepared and offered by Litton Loan for the above referenced account requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit \" H '' ) and forwarded the trial modification agreement along with two certified checks each for {$1900.00} dated XX/XX/XXXX for the XX/XX/XXXX and XX/XX/XXXX trial modification payments that were received and cashed by Litton Loan ( See Exhibit \" I '' ) ; d. by certified check dated XX/XX/XXXX, I made the last of three trial modification payments for {$1900.00} that was received and cashed by Litton Loan ( See Exhibit \" J '' ), the latter of who failed to permanently modify the above referenced account number promised and, instead, maintained the foreclosure action filed the same day as XXXX XXXX on XX/XX/XXXX under Docket No. XXXX wherein XX/XX/XXXX is declared the date of default ( See Exhibit \" G '' ). ; e. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1800.00} for payment due as of XX/XX/XXXX ( See Exhibit \" K '' ). ; f. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" L '' ). ; g. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" M '' ). ; h. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" N '' ). ; i. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" O '' ). ; j. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" P '' ). ; k. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit \" Q '' ). ; l. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as of XX/XX/XXXX ( See Exhibit \" R '' ). ; and m. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as of XX/XX/XXXX ( See Exhibit \" S '' ). ; 2. the alleged payment reconciliation histories ( See Exhibit \" T '' ) enclosed within one of the XX/XX/XXXX communications from XXXX c/o PHH omit and conceal approximately $ XXXX in payments tendered to Litton Loan towards the above referenced account number with approximately $ XXXX being cashed by Litton Loan from XX/XX/XXXX through XX/XX/XXXX ( See Exhibits \" I '' through \" S '' ). ; 3. XXXX, PHH, OLS and Attorneys XXXX have failed to explain and / or justify the fees and expenses from XX/XX/XXXX through XX/XX/XXXX displayed within the Breakdown of outstanding fees and expenses ( See Exhibit \" U '' ) enclosed within the XX/XX/XXXX communication from XXXX c/o PHH including, but not limited to, : Property Inspections beginning XX/XX/XXXX ; Title Search Expenses beginning XX/XX/XXXX ; Foreclosure Cost beginning XX/XX/XXXX ; Property Preservation/Maintenance Fee ; and Property Appraisal/BPO. 4.  XXXX, PHH, XXXX  and Attorneys XXXX failed to enclose evidence of an assignment and sale of the paper note and mortgage associated with the above referenced account number from XXXX XXXX XXXX  XXXX ( XXXX XXXX XXXX ) as the original lender for the above referenced account number, prior to XXXX XXXX XXXX bankruptcy petition filed on XX/XX/XXXX in the United States Bankruptcy XXXX XXXX XXXX XXXX XXXX Delaware in Case No. XXXX ( KJC ) ( See Exhibit \" V '' ) and before termination of XXXX XXXX XXXX executory contracts with XXXX XXXX n/k/a XXXX XXXX XXXX XXXX ( XXXX ) and the latters wholly-owned subsidiary XXXX  XXXX XXXX XXXX XXXX XXXX ( XXXX ) on XX/XX/XXXX ( See Exhibit \" W '' ). ; 5. the instrument titled XXXX XXXX XXXX XXXX  enclosed within both XX/XX/XXXX communications from XXXX c/o PHH ( See Exhibit \" X '' ), is falsely uttered forged falsely notarized upon misrepresenting that XXXX  XXXX XXXX XXXX XXXX. Successor By Merger to XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX at XXXX XXXX XXXX, XXXX, FL XXXX assigned the mortgage associated with the above referenced account number to XXXX XXXX XXXX XXXX, Successor in Interest to XXXX XXXX XXXX XXXX XXXX, Successor by Merger to XXXX XXXX XXXX XXXX Trustee for XXXX XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX at C/O PHH Mortgage Corporation at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX on XX/XX/XXXX, when : ( 1 ) there is no evidence that New Century Mortgage assigned and transferred the subject note and mortgage before entering bankruptcy on XX/XX/XXXX ( See Exhibit \" V '' ) or upon approval from the XXXX XXXX XXXX for the District of Delaware in Case No. XXXX ( KJC ) ; ( 2 ) there is no evidence the alleged assignor operated at the alleged address designated within the instrument which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; ( 3 ) there is no evidence that PHH Mortgage Corporation was authorized to act on behalf of the alleged assignee designated within the address ; ( 4 ) the address provided for the alleged assignee is the address for Ocwen Loan Servicing, LLC ( OLS ) and there is no evidence that the alleged assignee operates out of the same address as OLS which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; and ( 5 ) the name and alleged signature of XXXX XXXX XXXX appearing as an alleged Assistant Vice President for XXXX XXXX XXXX, XXXX. Successor By Merger to XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX is a forgery, along with the alleged notarization by Florida notary public XXXX XXXX annexed thereto, because both persons were at times employed by OLS. ; 6. enclosed within the two communications from XXXX c/o PHH XXXX XX/XX/XXXX were two different versions of a five page note instrument ( See Exhibits \" Y '' and \" Z '' ) wherein neither instrument displays an indorsement by New Century Mortgage as the original lender, neither instrument has an allonge permanently affixed to page five of the note instrument, and one of the two instruments enclosed a separate - untitled page behind page five of the note that displays the forged name and stamp of XXXX XXXX whose name and varying signatures were identified within the Florida Attorney Generals Crime Division Report titled The Office of the Attorney General Economics Crime Division : Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases that was filed with the XXXX XXXX  of Florida on XX/XX/XXXX as Appendix G in Case No. : XXXX ( See Exhibit \" AA '' ). ; 7.  XXXX, PHH and Attorneys XXXX failed to prove compliance with 15 U.S.C. section 1641 ( g ) and failed to forward the notice of new creditor forwarded to me as required by 15 U.S.C. section 1641 ( g ). ; and 8. XXXX, PHH and Attorneys XXXX failed to comply with 15 U.S.C. section 7021 ( f ) by failing to provide me the authoritative copy of the transferable record assigned XXXX XXXX. Furthermore, because of the acceleration of the mortgage associated with the above referenced account number pursuant to N.J.S.A. XXXX and demand for payment of the total amount due and owing towards the above referenced account number for the default on XX/XX/XXXX as declared within the foreclosure complaint filed by Litton Loan in the XXXX  XXXX of New Jersey on XX/XX/XXXX in Docket No. XXXX ( See Exhibit \" G '' ), the latter of which was dismissed by OLS on XX/XX/XXXX ( See Exhibit \" G-1 '' ), the note and mortgage connected to the above referenced account number became time-barred as of XX/XX/XXXX pursuant to N.J.S.A. XXXX ( a ). I am demanding the CFPB forward this complaint to law enforcement along with the monitors for the consent judgments entered in the XXXX XXXX XXXX for the District of Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). Any response the XXXX, PHH and Ocwen are subject to 18 U.S.C. 1001.","date_sent_to_company":"2020-06-10T14:37:23.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"76543","tags":null,"has_narrative":true,"complaint_id":"3691957","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-06-10T14:29:20.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Any response the XXXX, PHH and Ocwen are <em>subject</em> to 18 U.S.C. 1001."]},"sort":[5.346065,"3691957"]},{"_index":"complaint-public-v1","_id":"2647417","_score":5.308527,"_source":{"product":"Mortgage","complaint_what_happened":"NOTICE - MOST IMPORTANT - XXXX XXXX Trustee has contradicted the fact that JPMorgan Chase Bank claims of being the investor and or having such investing information from XXXX XXXX XXXX d.b.a XXXX XXXX XXXX whom where forced out of business XX/XX/XXXX - XX/XX/XXXX by the California Corporations Commissioner. More over how was our personal identity stolen from banks involved? XXXX XXXX XXXX and XXXX XXXX former employees of XXXX XXXX XXXX XXXX XXXX is alleged to be formerly of XXXX XXXX XXXX XXXX IL.Both are employees currently with JPMorgan Chase Bank USA NA and Co. When we spoke with XXXX XXXX concerning their position within this mortgage assignment fraud, fraud no contract, fraud inclusion, and fraud in the concealment, they XXXX XXXX representative stated that they are only the TRUST of the Trust and JPMorgan Chase Bank the SERVICER of alleged mortgage assignment has the information of the alleged investor XXXX or XXXXXX/XX/XXXXHE which of the two are relevant seems to be the case here! See attachments.\nAttempts to seek a resolution with SERVICER JPMorgan Chase Bank whom fraudulently claims there is a Mortgage and a alleged investor without proof has been going on since XX/XX/XXXX, well after the Payoff of EMC has taken placeXX/XX/XXXX As well XX/XX/XXXXa payment in form of MONEY ORDER shall be submitted to JPMorgan Chase Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Beneficiary  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX LA [ XXXX ] XXXX to make a final attempt to settle this debt. If the Fraudulent Mortgage Assignment is not removed we shall pursue legal action within the proper jurisdictions agains all banks involved and personnel.\nXX/XX/XXXX 1 BOND XXXX Notice the Hall Release Mortgage Assignment is title RELEASE from XXXX whom was paid by JPMorgan Chase and or XXXX XXXX XXXX to file this fraudulent document dated XX/XX/XXXX recordedXX/XX/XXXX with the LA County Registrar. This is a fraudulent document due to its nature and lack of information therein. There is no dollar amount owed, there is no date to which the third party debt collector JPMorgan Chase acquired loan, its titled RELEASE!\nt is believed that this loan was created inXX/XX/XXXXthereafter XXXX XXXX XXXX  obtained investments within the XXXX XXXX XXXX XXXX XXXX Which is now or have been acquired by JPMorgan Chase NA as of the yearXX/XX/XXXX The Documents where prepared by XXXX XXXX XXXX of JPMorgan Chase Co NA she is also the alleged Secretary for XXXX? As well the Beneficiary and Nominee for XXXX XXXX/ WaMu address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX LA XXXX phone number XXXX XXXX she prepared this fraudulent document on XX/XX/XXXX and had paid XXXX  XXXX XXXX XXXX XXXX to record it with XXXX XXXX County Recorder Registrar onXX/XX/XXXX. Ten ( 10 ) years after the alleged acquisition of WaMu/JPMorgan Chase Bank well after again 10-12 years after XXXX XXXX was no longer in business within said county of XXXX XXXX and the State, Of California. This document was not mailed to the halls property thereafter the recording of this fraudulent document nor was it on record as of XX/XX/XXXX when both XXXX XXXX XXXX and XXXX XXXX XXXX visited the XXXX XXXX XXXX County Registrar office. This was the first time the XXXX made an appearance to do a property title search since owning and living on and in their home property of XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX. Now was any permission given for anyone to record such documents on the halls behalf during such time.\nIt is also stated that XXXX XXXX XXXX alleges that XXXX XXXX XXXX and XXXX XXXX XXXX recorded alleged said deed of trust on XX/XX/XXXX. This is completely false. Further more as stated on 99 % of mortgage assignments there is an amount owed to the assignee rather on the alleged assignment there is no amount recorded. I believe its is due to no amount recorded therein there is no amount owed.\nSince this alleged loan was created, to avoid and hide the investment funds XXXX XXXX was CUSIP Number CUSIP # XXXX worth $ XXXXMillion maturity dateXX/XX/XXXX, originated XX/XX/XXXX. The final maturity date for this investment is XX/XX/XXXX. Therefore XXXX XXXX XXXX [ XXXX XXXX ] owner and CEO of XXXX XXXX XXXX XXXX XXXX XXXX XXXX  is the only recipient of said funds. Therefore the issue at hand is the alleged mortgage loan created documents, DEED Title instrument used to create illusion of the actual funds of CUSIP NUMBER CUSIP # XXXX. This is the issue at hand.\nMore over we have emails from JPMorgan Chase that indicates other forgeries that of family members and former friends or associates. The documents are doctored up some are newly created and are nothing but a false representation of banking should be to and for the people.\nThe fraudulent mortgage assignment was created 10 years after JPMorgan Chase Bank alleges to have acquired the note from XXXX XXXX XXXX dba XXXX XXXX XXXX thereafter alleged acquisition by WaMu. JPMorgan also contradicts itself by stating that they acquired the loan from WaMu XX/XX/XXXXa letter sent XX/XX/XXXX, and again inXX/XX/XXXXin form of another letter this year XX/XX/XXXX.\n2 BOND XXXX Bill Of Exchange Act 34 of 1964 [ Assented to XX/XX/XXXX1964 ] [ Date Of Commencement : XX/XX/XXXX 1964 ] ( XXXX text signed by the State President ) as amended by Suretyship Amendment Act 57 of 1971 Bills of Exchange Amendment Act 58 of 1977 Finance Act 77 of 1986 Bills of Exchange Amendment Act 56 of 2000 Act. To consolidate and amend the law relating to bills of exchange, cheques and promissory notes.\nAttn. XXXX XXXX XXXX homeowner liaison XXXX XXXX XXXX and XXXX XXXX XXXX Nominee Secretary Beneficiary XXXX etc, .XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MI XXXX Corporate number - XXXX DissolvedXX/XX/XXXX, please advise how is it possible to file a corporate title lien when this corporation was dissolved as of XX/XX/XXXX and agains in Michigan via Delaware as of XX/XX/XXXX? XXXX XXXX XXXXXX/XX/XXXX company type is XXXX XXXX. Company Number assigned to this business is XXXX and state of formation is DE. This company business address is XXXX XXXX XXXX XXXX XXXX XXXX De XXXX. Mailing address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX You can find this business by geo coordinates XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX There are no public or private records of any agents or officers of this alleged corporation and its dealings at this time.\nXXXX XXXX XXXX was incorporated on Monday XX/XX/XXXX, so this company age is twelve years, two months and twenty-eight days. Current company status of this company is Forfeited. XXXX XXXX XXXX agent is XXXX XXXX XXXX XXXX XXXX Of Md.. According to Maryland business register this business is not in good standing.\nDefinitions 46. Notice of dishonor and effect of falter to five such notice subject to the provisions of this Act, if a bill has been dishonored by non-acceptance or by nonpayment, notice of dishonor must be given to the drawer and each endures, and any drawer of endorser to whom such notice is not given is discharged : Provided that ( a ) if a bill is dishonored by a non-acceptance, and notice of dishonor is not given, the right of the holder in due course who became such a holder subsequent to the omission, shall not be prejudiced by the omission ; ( b ) if a bill is dishonored by a non - acceptance, and due notice of dishonor is given, it shall not be necessary to give notice of a subsequent dishonor by nonpayment, unless the bill was accepted in the meantime.\n1. Proof of the existence of an account of the actual establishment of debt account but the actual Sentient human XXXX XXXX XXXX duly signed and written out by both parties and not any unilateral agreement. This would include but not limited to the actual agreement upon which the signature page has direct reference to the entire agreement XXXX XXXX XXXX is an artificial entity, a title, of the limited liability fictitious corporation which is legal trade mark, which constitutes valuable legal interest of which all right, title and interest are reserved and of which you have filed to knotty the Caretaker and acceptance agent and supply proof of claim against the limited liability corporation.\n2. Proof of claim that You XXXX XXXX or Department Of Education are the original holder in due course, of the aforementioned original debt instrument, and that it is not being un-sold to another party.\n3. A copy of the actual accounting, original ledger whereby XXXX XXXX/ Department of Education has incurred a loss as a result of the alleged debt.\n4. An invoice ( not a Statement ), for any amount of money allegedly owed to XXXX XXXX or Department of Education XXXX XXXX XXXX for that matter has alleged.\n3 BOND XXXX 5. Proof of claim that there is any money in circulation is backed by anything of value, by which any debt including this one that lends to the possibility XXXX XXXX or Department of Education might get paid by way of actual money, and that the value of the attached is not sufficient to the discharge this debt under the following laws ; Fair debt collection practices act ( FDCPA ), 15 U.S.C 1692 et., 1978 Title VII of the Consumer Credit Protection Act of 1978.\nThe Indentured Trust Act of 1939 HJR 192, 112 Statutes at large 48, and P.L., 73.10 of 1933 The securities exchange act of 1934 The fair credit reporting act public law No. 91-508 enacted in 1970 The Bankruptcy act of 1933 12 U.S.C. 411, P.L. 97-280 U.C.C. 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510 The aforementioned was done at the will of The administrator, no further solicitation for contracting will be permitted. This correspondence is produced under the full reservation of any and all secured rights, and without recourse. All patients shall be presented to the Estate via prepaid debit card and or cashiers check only! If any attempt is made to provide payment in any other fashion and or form we must express that is must comply with title 12 U.S.C. 411, and 112 statute at large chapter 48.\n6. Also provide these furt\nher items if associated with this matter in any fashion and or form ... A. Federal Reserve form S3\nregistration statement, B. Federal Reserve form 424 ( b ) ( 5 ) prospectus, C. Federal Reserve for FR 2046 balance sheet ( s ), D. Federal Reserve for FR 2049 balance sheet ( s ), E. Federal Reserve form 2099 balance sheet ( s ), F. The Deed Of Trust.\nG. Chain Of Custody This is al lawful request in accords with the aforementioned and the following : U.C.C. - Article 3 - Negotiable Instruments.. Part 5. Dishonor UCC 3-501. Presentment.\nPursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.\nU.C.C. - Article 3 - Negotiable Instruments .. Part 5. Dishonor 3-501. Presentment.\nA.\nB.\nPresentment means a demeaned made by or on behalf of a person entitled to enforce an instrument ( i ) to pay the instrument made to the drawee or a party obligated to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank =, or ( ii ) to accept a draft made to the drawee.\nThe following rules are subject to Article 4, agreement of the parties, and clearing - house rules and such the like : ( 2 ) Upon demand of the persons to whom presentment is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and ( iii ) signed a receipt on the instrument for any payment made or surrenderer the instrument in full payment is made.\nBy refusing to supply you will be violating the law and my rights under UCC. Once Again this is not a request for a verification or proof of my mailing address, but a request for a VALIDATION made 4 BOND XXXX pursuant to the above named Title and Section ( as well as another laws both federal and local ). It is respectfully requested that your offices provide competent evidence that there is any legal obligation to pay in accords with the aforementioned laws.\nPlease provide and or furnish the following : What money your say owed is ; Explain and show how your offices calculated what allegedly is owed ; Provide a certified copy of the original signed instrument that shows agreement to pay what is owed ; Provide a verification or certification copt of any judgement of applicable ; Identify the original creditor in this matter and the contractual agreement emptying your company.\nProof that the statute of limitation has not expired on this account Show that your licensed to collect in the state of California Provide verification of your license number EIN and registration agent.\nIt comes of necessity and obligation to inform you that if your offices have reported information to any of the credit agencies such action will be construed as fraud under both Federal and State Laws. Further if any negative marks are found on any portion of the credit files associated with this matter by your company or the company that you represent it will come necessary to bring legal action against you for the following : Violation of the Fair Debt Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character and may include any of the following means ; administrative reviews, SEC Hearing, Lien and or Law suit.\nIf you and your offices are able to provide the proper documentation ( originals wet signatures and or certified copies of verified documents with signatures and a copy of check payments etc, .. and such the like of all verified documents ) as requested in the forgoing Declaration, it will revive a prompt response, however at least 45 days will be needed to investigate and review the validity of the information prove and during such time all collection activity is requested cease and desist in good faith.\nFurther during this validation period, should any action be undertaken which could be construed as detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel and action thereafter. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in the there is no certified valid proof that is it so.\nIt is further requested, and you are now given notice that any alleged or old contract ( s ) adhesion and or otherwise are hereby terminated with your company. That n communication via telephonic, email or the correspondence, written correspondence, and or electronic as such shall be had between your company XXXX XXXX US Dept Of Education and a client, you are hereby commanded and ordered to cease and desist. Your or your company must communicate via written correspondence only to the following address under the following name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA [ XXXX ] and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA [ XXXX ]  BOND XXXX The aforementioned was done at the will of the administrator, no further solicitation for contracting will be permitted. This correspondence is produced under the full reservation of any and all secured rights, and without recourse. All payments shall be presented to the Estate via prepaid debit card and or money order cashiers check only if an attempt is made to provide payment in any other fashion and or form we must express that it must comply with title 12 USC 411, and 112 statue at age chapter 48.\nREF : Your correspondence purporting to allege a debt claimed by : XXXX XXXX XXXX d.b.a XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA [ XXXX ] EIN?\nBOND Loan Number XXXX Alleged Balance {$460000.00} Attn. XXXX XXXX XXXX Nominee Secretary Beneficiary XXXX XXXX, ..\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX MI XXXX Corporate number - XXXX DissolvedXX/XX/XXXXJPMorgan Chase Bank & Co NA attn. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY [ XXXX ] XXXX XXXX XXXX XXXX Attn. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL [ XXXX ] [ XXXX ] XXXX XXXX XXXX The legal offer to fully Discharge the attached alleged claim of debt on the condition that the claiming parties comply with this notice within 10 days of receipt of this correspondence such has not happened.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASSIGNS *******SILENCE IS ACQUIESCENCE******* _____________________________________________________________________ NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq.\nThis notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : The name and address of the organization or other governmental unit alleging a debt ; 6 BOND XXXX The name and address of the person or persons in that organization or other governmental unit alleging a claim of a debt ; A copy of a alleged promissory note that has been forged is not verification. Both signatures from both sides are a true verification of a debt.\nThe name of the actual creditor even if that is myself ; The origin of the funds used to create this alleged claim of a debt.\nThe actual records of the organization or other government unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\nThe actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\nThe actual records of the organization or other governmental unit with a live signature on any and all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by a similar name.\nBe advised that verification is defined ( XXXX Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\nThe actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 1601 et. seq. and Regulation Z.\nThe actual records of the organization or other governmental unit showing that any and all document/instrument ( s ) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\nThe person that prepares and swears to the validation of debt must describe : ( 1 ) your job description on a daily basis ; ( 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; ( 3 ) how long have you been in your position ; ( 4 ) when did you first come in contact with the alleged account/debt ; ( 5 ) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; ( 6 ) are you the person/employee who regularly works with the alleged account/debt ; and ( 7 ) do you have personal knowledge about the alleged debt and/ or any alleged account.\n15 U.S.C. 1692 ( e ) states that a false, deceptive, and misleading representation, in connection with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C. 1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements 7 BOND XXXX of the Fair Debt Collection Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 10 days, you must cease and desist any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work.\nYou are further prohibited from contacting any other third party. Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal, or holder in due course, for whom you are attempting to collect this alleged debt.\nPlease take notice that this is a criminal investigation of the business practices of the above named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws.\nYour enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 471, 472, 473 and/or 513, and further : using corrupt business practices to make and possess false records and claim of obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et. seq. and further : using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341 Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. 1842 Fictitious Names.\nTAKE NOTICE Debt Collectors failure in providing Respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : Debt Collector has no lawful, bona fide, verified claim, re the above-referenced alleged account : Debt Collector waives any and all claims against Respondent and Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any and all continued collection attempts, re the above-referenced alleged account.\nFailure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice is a self executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to 8 BOND XXXX direct the permanent removal, on behalf of the alleged Creditor, of any and all references to said account in any and all credit reporting agency files of any type.\nAs requested for payment ( s ) be in the form of a money order, in keeping with the governing regulations, laws, and loan agreements, this form of payment is expectable that which in the regarding format within laws and states regulate, as mentioned in the letter XX/XX/XXXX by or from XXXX XXXX Manager - Customer Care Communications, XXXX XXXX XXXX XXXX XXXX XXXX.\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be a valid, honest contract. See XXXX v. XXXX XXXX XXXX XXXX XXXX XXXX\nDone this XX/XX/XXXX I declare under penalties of perjury in accordance with the laws of the United States of America ( without the United States ) Title 28 U.S.C. 1746 ( 1 ) the forgoing is true and correct and is admitted when not rebutted, so help me.\nXXXX XXXX XXXX ChaseXXXX XXXX XXXX XXXX XXXX XXXX LA XXXX XXXX-XXXX","date_sent_to_company":"2017-10-04T14:02:09.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"93536","tags":null,"has_narrative":true,"complaint_id":"2647417","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2017-08-11T17:05:48.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["<em>Federal</em> Reserve form S3\nregistration statement, B. <em>Federal</em> Reserve form 424 ( b ) ( 5 ) prospectus, C. <em>Federal</em> Reserve for FR 2046 balance sheet ( s ), D. <em>Federal</em> Reserve for FR 2049 balance sheet ( s ), E. <em>Federal</em> Reserve form 2099 balance sheet ( s ), F. The Deed Of Trust.\nG. Chain Of Custody This is al lawful request in accords with the aforementioned and the following : U.C.C. - Article 3 - Negotiable Instruments.. Part 5. Dishonor UCC 3-501. Presentment."]},"sort":[5.308527,"2647417"]},{"_index":"complaint-public-v1","_id":"18650196","_score":4.993598,"_source":{"product":"Debt collection","complaint_what_happened":"I serve as Attorney-in-Fact for XXXX XXXX XXXX under a valid Limited Power of Attorney executed XX/XX/XXXX. Pursuant to XXXX  XXXX XXXX XXXX XXXX, I am obligated to act with care, competence, diligence, loyalty, and exclusively in the best interests of my principal. \nOn XX/XX/XXXX, my principal received a letter from XXXX XXXX XXXX XXXX and a Substitute Trustees ' Sale notice regarding foreclosure Case No. XXXX. She forwarded these documents to me in my capacity as Attorney-in-Fact. \nThe Substitute Trustees ' Sale notice was issued under the name \" XXXX XXXX. '' XXXX XXXXXXXX XXXXXXXX of XXXX records ( Entity ID XXXX and XXXX ) establish that XXXX XXXX, a foreign professional corporation, was statutorily converted into XXXX XXXX XXXX XXXX on XX/XX/XXXX. A statutory conversion is not a merger and does not preserve the converting entity ; rather, it terminates the prior entity and creates a new legal entity in a different organizational form. Accordingly, XXXX XXXX ceased to exist as a legal entity on XX/XX/XXXX, and XXXX XXXX XXXX XXXX became the only legally existing successor thereafter. From that date forward, XXXX XXXX lacked all legal capacity to appear as counsel, file pleadings, issue legal notices, act as trustee or agent, possess or use consumer identifying information, or prosecute foreclosure actions. \nXXXX  Judiciary Case Search records ( retrieved XX/XX/XXXX, XXXX XXXX  ) list \" XXXXXXXX XXXX '' as \" Attorney ( s ) for the Plaintiff '' in Case No. XXXXnine months after the entity legally ceased to exist. No substitution of counsel was filed after XX/XX/XXXX to reflect the entity conversion. The court is being actively misled about who is prosecuting this case. \nOn XX/XX/XXXX, a two-part communication was transmitted to XXXX XXXX XXXX XXXX The cover letter bore the name \" XXXX XXXX XXXX XXXX '' and was signed \" XXXX XXXX XXXX XXXX on behalf of the Substituted Trustees. '' Attached as an enclosure was an \" Advertisement of Sale '' bearing the header \" XXXX XXXX '' with a different address ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). \nThis structure is not incidental. It is entity bifurcation designed to separate transmission from authority. \nThe cover letter is not the operative instrument. The Advertisement of Sale is. It is the Advertisement of Sale that names the consumer, identifies the property, asserts a mortgage obligation, and schedules a forced sale for XX/XX/XXXX at XXXX XXXX. The Advertisement of Sale is the document by which the power of sale under the deed of trust is exercised. That instrument was issued under the name \" XXXX XXXX '' an entity that ceased to exist on XX/XX/XXXX. \nThe transmission of a foreclosure sale notice \" on behalf of '' unnamed trustees does not transfer or supply legal capacity. The authority to exercise a power of sale must exist in the name of the issuing entity appearing on the instrument itself. Capacity attaches to the instrument, not the courier. XXXX XXXX XXXX XXXX can not launder authority to a dead entity by serving as its messenger. \nA non-existent entity can not exercise a power of sale. The Advertisement of Sale issued under \" XXXX XXXX '' is void ab initio. \nThe unauthorized use of consumer identifying information occurs at the moment the foreclosure sale notice is issuednot when the cover letter is mailed. The Advertisement of Sale was issued when it was authored, executed, and placed into transmission bearing the name \" XXXX XXXX, '' regardless of which entity physically mailed the enclosure. The Advertisement of Sale contains XXXX XXXX XXXX 's full legal name, property address, loan origination date, recording references ( XXXX  XXXX, XXXX XXXX ), Tax ID number ( XXXX ), and case number ( XXXX ). This information was used by an entity lacking legal existence to schedule the forced sale of real property. That is identity theft under 18 U.S.C. 1028 ( a ) ( 7 ). \nThe cover letter contains the following disclaimer : \" IN THE EVENT YOU ARE SUBJECT TO AN AUTOMATIC STAY ISSUED BY A UNITED STATES BANKRUPTCY XXXX OR THE REFERENCED DEBT HAS BEEN DISCHARGED IN BANKRUPTCY, THIS COMMUNICATION IS NOT INTENDED TO BE AN ATTEMPT TO COLLECT A DEBT. '' A disclaimer of intent does not negate the legal effect of issuing a foreclosure sale notice, which by definition asserts a debt and seeks satisfaction through forced sale. The Circuit Court for XXXX XXXX XXXX XXXX issued a stay on XX/XX/XXXX, continuing through XX/XX/XXXX. The communication was dated XX/XX/XXXX, XXXXduring the stay. The disclaimer does not cure the violation. Debt collection communications during a court-ordered stay violate 15 U.S.C. 1692c. \nThe cover letter also states : \" FEDERAL LAW REQUIRES US TO ADVISE YOU THAT COMMUNICATION WITH OUR OFFICE COULD BE INTERPRETED AS AN ATTEMPT TO COLLECT A DEBT AND THAT ANY INFORMATION WILL BE USED FOR THAT PURPOSE. '' The phrase \" could be interpreted as '' is escape-hatch language. But interpretation is irrelevant. The attached instrumentthe Advertisement of Saleis not ambiguous. It schedules a sale to satisfy an alleged debt. That is debt collection. The voluntary inclusion of FDCPA disclosure language constitutes self-classification as a debt collector under 15 U.S.C. 1692a ( 6 ), regardless of hedging language.\n\nThe structuring of this communicationwith a cover letter bearing the name of a legally existing entity and an attached foreclosure instrument bearing the name of a non-existent entityreflects an attempt to separate transmission from authority. That separation has no legal effect. The instrument speaks for itself. And it speaks in the name of a ghost. \nThe XX/XX/XXXX letter was transmitted \" BY CERTIFIED MAIL AND BY FIRST CLASS MAIL POSTAGE PREPAID. '' The use of the United States Postal Service to deliver a foreclosure sale notice issued under the name of a non-existent entity, for the purpose of executing a foreclosure, constitutes mail fraud under 18 U.S.C. 1341. \nXXXX Judiciary Case Search records document repeated use of \" Writ/Summons/Pleading - Electronic Service '' throughout this case after XX/XX/XXXX. The use of interstate wires to transmit documents, filings, and notices under the name of a non-existent entity constitutes wire fraud under 18 U.S.C. 1343. \nThe sale notice schedules a foreclosure sale for XX/XX/XXXX, at XXXX XXXX, yet identifies no secured party and no beneficiary. Seven substitute trustees are namedXXXX XXXX XXXXXXXX, XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXXbut they are agents. They can not conduct a sale without a disclosed principal. The foreclosure sale notice was issued to generate trustee fees, legal fees, and property transfer value for undisclosed beneficiaries. \nThis case was filed on XX/XX/XXXX, XXXXover eight years ago. Throughout eight years of litigation, no secured party has ever been identified by name. XXXX  XXXX XXXX ( b ) ( 3 ) requires identification of the secured party. This requirement has never been satisfied. The case has been dismissed without prejudice three separate times : XX/XX/XXXX ( Judge XXXXspecifically ordered \" substitute trustees ' shall forthwith advise the court, in writing, when loss mitigation review is complete '' ) ; XX/XX/XXXX ( Judge XXXX ) ; XX/XX/XXXX ( Judge XXXXspecifically DENIED Motion to Defer Dismissal, ordering XXXX XXXX 's Motion to Defer Dismissal is and shall be DENIED '' ). \nDespite three dismissals and judicial denial of deferral, the case was reopened on XX/XX/XXXX by Judge XXXX. No new secured party was identified. No substitution of counsel was filed to reflect the entity conversion that occurred five months earlier. \nA three-bureau credit report dated XX/XX/XXXX ( IdentityIQ Reference # XXXX ) shows no mortgage tradeline for XXXX XXXX XXXX on XXXX XXXX, or XXXX. No entity claims ownership of this debt in the national consumer credit system. \nThe pattern of conduct in this casemail fraud, wire fraud, identity theft, and fraud on the courtconducted through an enterprise operating across state lines for the purpose of collecting debts and seizing real property, constitutes racketeering activity under 18 U.S.C. 1962. \nThis is not an isolated incident. XXXX operates as a foreclosure mill across XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX From XX/XX/XXXX to XX/XX/XXXX, XXXXnine monthsevery foreclosure in which \" XXXX XXXX '' appeared as counsel, issued notices, or filed documents contains the same capacity defect. Every foreclosure sale conducted under \" XXXX XXXX '' after XX/XX/XXXX was void. Every property taken through those sales was taken without lawful authority. This is a documented systemic failure affecting multiple consumers across multiple jurisdictions. \nThe acquisition, retention, and use of XXXX XXXX XXXX 's personal identifierslegal name, property address, loan-level account data, and origination recordsby an entity lacking legal existence, for the purpose of prosecuting a foreclosure action and scheduling a sale of real property, constitutes the unlawful appropriation of identity to generate revenue. This conduct meets the definition of identity theft under 18 U.S.C. 1028 ( a ) ( 7 ). XXXX XXXX XXXX 's identity was used to advance a void legal proceeding that, if completed, would transfer ownership of real property to an undisclosed party. \nXXXX XXXX XXXX XXXX is directed to preserve, without alteration, all records, communications, metadata, entity formation and conversion documents, attorney appearance records, client engagement files, fee agreements, trustee appointment records, credit reporting data, collection activity logs, chain-of-custody materials, any internal policies or procedures governing entity conversion, foreclosure prosecution, trustee appointment, and continued use of legacy entity names, and any internal communications acknowledging entity conversion while continuing foreclosure activity under the name \" XXXX XXXX '' relating to this account, Case No. XXXX, and any foreclosure action prosecuted under the name \" XXXX XXXX '' after XX/XX/XXXX. \nJURISDICTIONAL VOID : DECEASED DEFENDANT XXXX  Judiciary Case Search records identify the case title as \" CDM vs Entirety of XXXX XXXX. XXXX. '' The docket lists two defendants : XXXX XXXX XXXX and XXXX XXXX XXXX. \nXXXX XXXX XXXX died in XXXX. \nThis foreclosure action was filed on XX/XX/XXXX, XXXXtwo years after XXXX XXXX XXXX 's death. \nUnder XXXX  XXXX XXXX, when a party dies before an action is filed, that party can not be named as a defendant. A deceased person can not be served, can not default, can not waive rights, and can not be subject to judgment. A court can not obtain personal jurisdiction over a non-existent person. \nFor eight years, the court docket has reflected a foreclosure action that : Purports to adjudicate the rights of a person who did not exist at the time of filing Proceeded without substitution of a personal representative for the deceased defendant 's estate Proceeded without estate participation Proceeded without jurisdiction over the deceased defendant If the property at XXXX XXXX XXXX was jointly held by XXXX XXXX XXXX and XXXX XXXX XXXX, foreclosure of jointly held property requires proper joinder of all interest holders who legally exist, or substitution of the estate before proceeding. Neither occurred. \nThe plaintiffs had a duty to verify the status of named defendants before filing. They did not. The court was never informed that one of the named defendants had been dead for two years at the time of filing. \nThis is not a technical defect. It is a foundational incapacity. The case could never have proceeded correctly as filed. Any attempt to proceed now does not cure the defect. The defect can not be retroactively fixed. A court can not exercise jurisdiction over a deceased defendant. \nThe case has been void from filing. \nThis defect compounds every other defect already on the record. The entire action has been prosecuted as if legal existence, capacity, and authority were optional. They are not. \nFORMAL RECORD OF IDENTITY THEFT The conduct documented in this complaint constitutes completed identity theft under 18 U.S.C. 1028 ( a ) ( 7 ). The offense occurred when the Advertisement of Sale was authored, executed, and placed into transmission bearing the name \" XXXX XXXX '' an entity that ceased to exist on XX/XX/XXXX. \nThe acquisition, retention, and use of XXXX XXXX XXXX 's personal identifiersfull legal name, property address, Tax ID number ( XXXX ), loan origination data, and recording references ( XXXX  XXXX, XXXX XXXX ) by an entity lacking legal existence, for the purpose of prosecuting a foreclosure action and scheduling a forced sale of real property, constitutes the unlawful appropriation of identity to obtain a thing of value. \nA non-existent entity possesses zero legal capacity to acquire, retain, or act upon personal identifying information. There is no exception. There is no cure. The voidness of the instrument is a legal consequence ; the identity theft is the completed act. Cessation of collection activity does not undo the unauthorized use that has already occurred. \nThe identity theft is complete. It can not be cured by : Filing a substitution of counsel Withdrawing the sale notice Dismissing the foreclosure Ceasing communication Each of these actions may limit future exposure. None of them reverses the completed offense. \nBy receipt of this record, XXXX XXXX XXXX XXXX possesses actual knowledge that : The entity under which the foreclosure sale notice was issued does not exist Consumer identifying information was used without lawful authority The conduct constitutes identity theft under federal law Continued prosecution, collection activity, or any attempt to proceed with the scheduled sale constitutes knowing continuation of identity theft and creates additional statutory exposure under 15 U.S.C. 1692e ( false representation ), 15 U.S.C. 1692f ( unfair practices ), and 18 U.S.C. 1341 ( mail fraud ). \nThis is not a request for compliance. It is a record of completed criminal conduct with notice fixed. \nNOTICE REGARDING POWER OF ATTORNEY XXXX  XXXX XXXX XXXX XXXX ( d ) imposes liability on any person or entity that refuses to honor, interferes with, or obstructs a valid power of attorney. A valid Limited Power of Attorney executed XX/XX/XXXX is on file and governs all matters relating to this complaint and the referenced foreclosure action. \nAccordingly, all communications regarding this matter must be directed exclusively to the undersigned as Attorney-in-Fact via email at XXXX or through the Consumer Financial Protection Bureau 's complaint portal so that a proper electronic record may be maintained. \nAny direct communication with XXXX XXXX XXXX after receipt of this record constitutes interference with fiduciary authority, establishes knowing violation of XXXX XXXX XXXX XXXX XXXX ( d ), and will be treated as affirmative evidence of obstruction, triggering immediate commercial remedies and enforcement actions without further notice. \nASSIGNMENT AND TRANSFER PROHIBITION Any sale, assignment, or transfer of this account or the underlying alleged obligation to a third-party debt collector, debt buyer, or successor counsel following receipt of this record will be treated as retaliatory escalation. The decision to assign a disputed account after receiving documented notice of identity theftrather than investigate and resolve the disputeis itself an adverse action. \nThis is a pattern the industry relies upon : when a consumer or their representative pushes back, the original actor attempts to escape liability by transferring the matter to another entity. That conduct, post-notice, is now documented retaliation. \nFurthermore, any assignee, transferee, successor counsel, or debt collector who subsequently attempts to prosecute, collect, or foreclose on this account is hereby placed on constructive notice that : The account has been the subject of a formal record of identity theft under 18 U.S.C. 1028 ( a ) ( 7 ) The foreclosure sale notice was issued by a non-existent entity The original actors received actual notice and continued prosecution despite documented capacity failure All claims and defenses travel with the account under applicable assignment law Any collection or foreclosure attempt constitutes violation of 15 U.S.C. 1692e ( false representation ), 15 U.S.C. 1692f ( unfair practices ), and continuation of identity theft under 18 U.S.C. 1028 ( a ) ( 7 ) XXXX XXXX XXXX XXXX can not escape liability by transferring this matter. Assignment after notice creates two defendants, not zero.","date_sent_to_company":"2026-01-12T15:49:11.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"20019","tags":null,"has_narrative":true,"complaint_id":"18650196","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2026-01-12T15:48:43.000Z","state":"DC","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["The cover letter contains the following disclaimer : \" IN THE EVENT YOU ARE <em>SUBJECT</em> TO AN AUTOMATIC STAY ISSUED BY A UNITED STATES <em>BANKRUPTCY</em> XXXX OR THE REFERENCED DEBT HAS BEEN DISCHARGED IN <em>BANKRUPTCY</em>, THIS COMMUNICATION IS NOT INTENDED TO BE AN ATTEMPT TO COLLECT A DEBT. '' A disclaimer of intent does not negate the legal effect of issuing a foreclosure sale notice, which by definition asserts a debt and seeks satisfaction through forced sale."]},"sort":[4.993598,"18650196"]},{"_index":"complaint-public-v1","_id":"9675821","_score":3.7245245,"_source":{"product":"Debt collection","complaint_what_happened":"I am sending this letter brought through the CFPB in an attempt to clarify what heretofore is a known concern. It is bought to my attention certain irregularities and possible contractual issues, including without limitation, those covered in TITLE 15 CHAPTER 41 SUBCHAPTER V 1692, A.R.S. 471-3101 through 3-4504, et al, concerning my alleged debt and/or obligation to you. This letter is a demand to resolve these issues in a manner that is fair and equitable to all parties. \n\nBe it known : I do not want to be a party to a fraudulent and/or unlawful contract ; This offer is not a waiver of presentment. This is an offer of compromise and, as such, the offeror shall be protected under Federal Rules of Evidence Rule 408. Acceptance of this offer by XXXX XXXX XXXX XXXX would require an agreement by both parties to the stipulation of A.R.S. 47-3604 and must include of waiver of rights by XXXX XXXX XXXX XXXX to appeal. I, XXXX XXXX, due hereby offer, in the interest of justice. \n\nA ) The opportunity for XXXX XXXX XXXX XXXX can make me whole on all costs incurred by me, ab initio, from the date of inception of the original contract to the present, for what may be a fraudulent and unlawful transaction on the part of XXXX XXXX XXXX XXXX can in return, I XXXX XXXX would agree to relinquish all rights to the property in question. For claritys sake, I, XXXX XXXX, will agree to walk away totally and completely from the discussed property, if and only if, XXXX XXXX XXXX XXXX can reimburses me totally and completely for all the cost of said property, including, without limitations, monthly payments, down payments, taxes, upgrades, etc. from the original date of the original purchase by me of the aforementioned property. \n\nB ) The opportunity for XXXX XXXX XXXX XXXX can Discharge the contract, since the only fraudulent acts committed were by XXXX XXXX XXXX XXXX can Affirming such negotiation would require XXXX XXXX XXXX XXXX can consider the said contract paid in full and immediately release any and all encumbrances on said property to me and deliver to me the deed post haste ; See : A.R.S. 47-3604. Discharge by cancellation or renunciation A. A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument : 1. By an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation or cancellation of the instrument, cancellation or striking out of the party 's signature or the addition of words to the instrument indicating discharge ; or XXXX. By agreeing not to sue or otherwise renouncing rights against the party by a signed writing. \n\nSTATEMENT OF FACTS I ) Holder in due course : I bring to your attention a plethora of cases, XXXX in the last month, and the original case 40 years previous, establishing the validity of my concerns : A ) Cases : i ) A XXXX XXXX XXXX, XXXX. XXXX in Federal District Court in XXXX Ohio ruled to dismiss a claim by XXXX XXXX XXXX XXXX XXXX. XXXX 's XXXX subsidiary was seeking to take possession of 14 homes from XXXX residents living in them, in order to claim the assets. \nii ) UNITED STATES XXXX XXXX XXXX XXXX OF OHIO XXXX XXXX AT XXXX IN RE FORECLOSURE CASES CASE NO. XXXX To satisfy Article IIIs standing requirements, a plaintiff must show : ( 1 ) it has suffered an injury in fact that is concrete and particularized and actual or imminent, not conjectural or hypothetical ; ( 2 ) the injury is fairly traceable to the challenged action of the defendant; and ( 3 ) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. XXXX, XXXX XXXX XXXX at XXXX. To show standing, then, in a foreclosure action, the plaintiff must show that it is the holder of the note and the mortgage at the time the complaint was filed ( XXXX ). The foreclosure plaintiff must also show, at the time the foreclosure action is filed, that the holder of the note and mortgage is harmed ( XXXX ). \n\n( XXXX ) I do not believe XXXX XXXX XXXX XXXX XXXX show it is the holder of the note and the mortgage at the time the complaint was filed. I also believe XXXX XXXX XXXX XXXX XXXX attempt to commit fraud upon the court in an attempt to persuade the court that XXXX XXXX XXXX XXXX is the holder of the note. \n\n( XXXX ) XXXX XXXX XXXX XXXX was not and is not harmed by the lack of payment and/or canceling of said note. XXXX XXXX XXXX XXXX did not risk any assets, money and/or the like and thusly was not be harmed. XXXX XXXX XXXX XXXX will be nothing more than an accomplice to a RICO Act violation by asserting any contention that they will suffer any losses or be harmed in any way. XXXX XXXX XXXX XXXX is simply currently cooperating with the FEDERAL RESERVEs plan as developed by XXXX ; ... Debts must be collected and loans and mortgages foreclosed as soon as possible. When, through a process of law, the common people have lost their homes, they will be more tractable and more easily governed by the strong arm of the law applied by the central power of leading financiers. People without homes will not quarrel with their leaders. This is well known among our principle men now engaged in forming an imperialism of capitalism to govern the world. By dividing the people we can get them to expend their energies in fighting over questions of no importance to us except as teachers of the common herd. \n\niii ) XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX, IN THE XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX B ) Thusly, I do not believe that XXXX XXXX XXXX XXXX is the Holder in Due Course of the actual note : Absent the original note, XXXX XXXX XXXX XXXX can not be the Holder in Due Course for said note. Accordingly, XXXX XXXX XXXX XXXX can not lawfully and/or legally foreclose on said property. \n\nXXXX XXXX XXXX XXXX HAS NO FORECLOSUSER RIGHTS ON SAID XXXX IN THE STATE OF FLORIDA. \n\nSee : ARS 47-3302. Holder in due course A. Subject to subsection C of this section and section 47-3106, subsection D, \" holder in due course '' means the holder of an instrument if : 1. The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity ; and 2. The holder took the instrument : ( a ) For value ; ( b ) In good faith ; ( c ) Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series ; ( d ) Without notice that the instrument contains an unauthorized signature or has been altered ; ( e ) Without notice of any claim to the instrument described in section 47-3306 ; and ( f ) Without notice that any party has a defense or claim in recoupment described in section 47-3305, subsection A.\n\nB. Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection A of this section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment or claim to the instrument. \nXXXX Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken : XXXX. By legal process or by purchase in an execution, bankruptcy or creditor 's sale or similar proceeding ; XXXX. By purchase as part of a bulk transaction not in ordinary course of business of the transferor ; or XXXX. As the successor in interest to an estate or other organization. \n\nC ) Thusly, I do not believe that the note m XXXX XXXX XXXX XXXX ay or may not have is a valid negotiable instrument due to the requirement in Colorado that in order for a negotiable instrument held by a Holder in Due Course to be valid said note MUST be for a sum certain. Such requirement, by definition, precludes any and all notes containing variable interest rate clauses. Even if a note is considered valid, and the Holder has the original note, said Holder shall only be considered in State a Holder for value and can NOT be a Holder in Due Course. Rights of the latter are sufficiently different from rights of the former, and by sustaining any different belief any licensed attorney misrepresenting the former as the latter, and/or vice versa, would be committing such act willfully. \n\nD ) Thusly, I do believe that through some series of secret and malicious transactions XXXX XXXX XXXX XXXX has transferred the note, and thusly all rights to collect on said note. Absent the original notes presentation to the court, my belief would lead to a favorable conclusion by the court that would allow for a directed verdict and summary judgment in my favor. \n\nXXXX ) Banks can not lend credit : Bank transactions require a legal object and purpose. In this instant matter, XXXX XXXX XXXX XXXX may have committed the following illegal acts, fraudulent representation of facts, lending of credit instead of money ( which is illegal in and of itself ) and leads to fraudulent consideration. I cite for your review the following cases ; See : In the federal courts, it is well established that a national bank has not power to lend its credit to another by becoming surety, endorser, or guarantor for him. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" A national bank has no power to lend its credit to any person or corporation... XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often ... XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \n\nSee : A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be cited, which-would look like a catalog of ships. [ Emphasis added ] XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" Neither, as included in its powers not incidental to them, is it a part of a bank 's business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,... Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" It is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. '' XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. '' XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" A bank can lend its money, but not its credit. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \nSee : \" ... the bank is allowed to hold money upon personal security ; but it must be money that it loans, not its credit. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes 'fraud, ' and entitles party deceived to avoid contract or recover damages. 'XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : \" Any conduct capable of being turned into a statement of fact is representation. There is no distinction between misrepresentations effected by words and misrepresentations effected by other acts. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : If any part of the consideration for a promise be illegal, or if there are several considerations for an unseverable promise one of which is illegal, the promise, whether written or oral, is wholly void, as it is impossible to say what part or which one of the considerations induced the promise. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : The contract is void if it is only in part connected with the illegal transaction and the promise single or entireXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nSee : It is not necessary for rescission of a contract that the party making the misrepresentation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow one who made false representations, even innocently, to retain the fruits of a bargain induced by such representations. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. \n\n\nXXXX ) Laws of Contracts : If the documents fail to provide all of the necessary elements of a contract then the contract was never legally executed and is void ab initio and no debt is owed. \n\nSee law of contracts and Statute of Frauds ; A ) Law of contracts ; In common law, there are three key elements to the creation of a contract. These are offer and acceptance, consideration, and an intention to create legal relations. In civil law systems the concept of consideration is not central. In addition, for some contracts formalities must be complied with under what is sometimes called a statute of frauds. \n\nB ) Statute of Frauds ; A type of state law, modeled after an old English law that requires certain types of contracts to be in writing. Every state has some type of statute of frauds ; the law 's purpose is to prevent the possibility of a nonexistent agreement between two parties being \" proved '' by perjury or fraud. This objective is accomplished by prescribing that particular contracts not be enforced unless a written note or memorandum of agreement exists that is signed by the persons bound by the contract 's terms or their authorized representatives. If one party can establish that the other party has failed to perform, the contract is legally unenforceable because it has not satisfied the requirement of the statute, then the first party can not be liable for its breach. \n\nXXXX ) Agreement to stop payments : XXXX XXXX XXXX XXXX has 30 days to respond to me as to which offer they decide to choose. If XXXX XXXX XXXX XXXX decides to not respond within 30 days, they are hereby agreeing to offer B ) and will delivery to me the deed for the respective property and thusly agree to take no action against Me and will Discharge by cancellation, per A.R.S. XXXX, the respective mortgage. Absence of a response by XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX agrees that their acquiescence stands as their agreement. \nMoreover, XXXX XXXX XXXX XXXX silence is also a fraud, pursuant to XXXXXXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading ). Notification of legal responsibility is the first essential of due process of law. XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, XXXX. \n\nNOTICES : Notice for the agent is notice for the principal ; Notice for the principal is notice for the agent. \n\nThis letter shall be considered lawful notice that XXXX XXXX XXXX XXXX has been lawfully informed that presenting a copy of a note is fraud upon the court. In law, especially in court, only the actual wet inked signature note can be admitted into evidence. If XXXX XXXX XXXX XXXX attempts to enter into evidence a copy of said note this letter shall be used as XXXX XXXX evidence XXXX XXXX XXXX XXXX and/or its representatives and/or attorneys are purposely, with malice aforethought, attempting to perpetrate a fraud against Me and the court. XXXX XXXX XXXX XXXX and/or its representatives and/or attorneys shall be held liable, criminally and/or civilly, for such action. A copy of my signature is not my signature. \n\n\nI hereby invoke all of the protection guaranteed me under all Titles, Codes, Statutes and/or laws, the Colorado Constitution and the Constitution for these united States .\n\nWARNING FOR BENEFIT OF ALL PARTIES DO NOT ATTEMPT TO OFFER INTO EVIDENCE A COPY OF THE NOTE ; A HOLDER IN DUE COURSE MUST SUPPLY THE ORIGINAL NOTE ; ABSENT THE ORIGINAL NOTE ANY PARTY CLAIMING TO BE THE HOLDER IN DUE COURSE IS PURPOSELY, WITH MALICE AFORETHOUGHT, COMMITTING FRAUD UPON THE COURT AS EVIDENCED BY THIS NOTICE.","date_sent_to_company":"2024-08-01T04:39:59.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9675821","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-08-01T04:32:31.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was paid"},"highlight":{"complaint_what_happened":["By legal process or by purchase in an execution, <em>bankruptcy</em> or creditor 's sale or similar proceeding ; XXXX. By purchase as part of a bulk transaction not in ordinary course of business of the transferor ; or XXXX. As the successor in interest to an estate or other organization."]},"sort":[3.7245245,"9675821"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":23,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":23}]}},"product":{"doc_count":23,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt collection","doc_count":17,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage debt","doc_count":9},{"key":"I do not know","doc_count":4},{"key":"Credit card debt","doc_count":2},{"key":"Auto debt","doc_count":1},{"key":"Medical debt","doc_count":1}]}},{"key":"Mortgage","doc_count":4,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional adjustable mortgage (ARM)","doc_count":1},{"key":"Conventional home mortgage","doc_count":1},{"key":"Home equity loan or line of credit (HELOC)","doc_count":1},{"key":"Other type of mortgage","doc_count":1}]}},{"key":"Credit card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Store credit card","doc_count":1}]}},{"key":"Money transfer, virtual currency, or money service","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Virtual currency","doc_count":1}]}}]}},"issue":{"doc_count":23,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Attempts to collect debt not owed","doc_count":8,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt is not yours","doc_count":5},{"key":"Debt was already discharged in bankruptcy and is no longer owed","doc_count":1},{"key":"Debt was paid","doc_count":1},{"key":"Debt was result of identity theft","doc_count":1}]}},{"key":"False statements or representation","doc_count":7,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Attempted to collect wrong amount","doc_count":7}]}},{"key":"Closing on a mortgage","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closing disclosure or other related disclosures","doc_count":1}]}},{"key":"Written notification about debt","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive notice of right to dispute","doc_count":2}]}},{"key":"Loan modification,collection,foreclosure","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Other transaction problem","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card company isn't resolving a dispute about a purchase on your statement","doc_count":1}]}}]}},"timely":{"doc_count":23,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":23}]}},"company_response":{"doc_count":23,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":22},{"key":"Closed with non-monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":23,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":23}]}},"company":{"doc_count":23,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Ocwen Financial Corporation","doc_count":6},{"key":"JPMORGAN CHASE & CO.","doc_count":2},{"key":"WELLS FARGO & COMPANY","doc_count":2},{"key":"AVANTE","doc_count":1},{"key":"BANK OF AMERICA, NATIONAL ASSOCIATION","doc_count":1},{"key":"BQ & Associates, P.C., L.L.O.","doc_count":1},{"key":"CITIBANK, N.A.","doc_count":1},{"key":"Caliber Home Loans, Inc.","doc_count":1},{"key":"Consumer Portfolio Services, Inc.","doc_count":1},{"key":"Credit Systems International, Inc.","doc_count":1},{"key":"DISCOVER BANK","doc_count":1},{"key":"Experian Information Solutions Inc.","doc_count":1},{"key":"ProCollect, Inc.","doc_count":1},{"key":"RentDebt Automated Collections, LLC","doc_count":1},{"key":"Sarma","doc_count":1},{"key":"The Receivable Management Services LLC","doc_count":1}]}},"state":{"doc_count":23,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"TX","doc_count":11},{"key":"FL","doc_count":5},{"key":"CA","doc_count":2},{"key":"NE","doc_count":2},{"key":"DC","doc_count":1},{"key":"LA","doc_count":1},{"key":"MA","doc_count":1}]}},"company_public_response":{"doc_count":23,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":13},{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":1}]}},"tags":{"doc_count":23,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American","doc_count":3},{"key":"Older American, Servicemember","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-15T12:00:00-05:00","last_indexed":"2026-07-15T12:00:00-05:00","total_record_count":16469162,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}