{"took":216,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":14,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"12103142","_score":24.695673,"_source":{"product":"Mortgage","complaint_what_happened":"I am writing to file a formal complaint against Selene Finance LP, XXXX XXXX  Loans, and XXXX concerning several unlawful actions related to my mortgage loan. Specifically, I wish to address issues regarding unauthorized interest rate increases, violations of bankruptcy protections, improper handling of my loan modification request, and failure to communicate. Below are the key issues and events, along with my requested resolution. \n\nKey Issues : Unlawful Interest Rate Adjustments During Bankruptcy : While under bankruptcy protection, XXXX XXXX  Loans unlawfully increased my interest rate twice : From XXXX XXXX to XXXX XXXX, and From XXXX XXXX to XXXX XXXX. \nThese increases violated the legal limit of a XXXX XXXX increase per adjustment under bankruptcy protections. \nIn XX/XX/XXXX, my attorney challenged these increases, and XXXX XXXX XXXX admitted to the error, restoring the interest rate to XXXX XXXX through XXXX. \nBreach of Agreed Interest Rate Terms : In XX/XX/XXXX, Caliber Home Loans issued a Notice of Mortgage Change, increasing my interest rate to XXXX XXXX, which was reflected in my mortgage statements. \nHowever, in XX/XX/XXXX, the rate unexpectedly jumped to XXXX XXXX, violating the agreed-upon terms. \nAfter servicing was transferred to XXXX, they further increased the rate to XXXX XXXX, without providing a proper explanation or justification for this increase. \nViolation of XXXX  XXXX XXXX XXXX Notices : The Notice of Mortgage Change filed in bankruptcy court explicitly stated that no changes would be made to the principal, interest, or mortgage payments. \nDespite this, Selene Finance LP and XXXX implemented unauthorized rate increases, breaching the protections afforded by bankruptcy and undermining the court-approved agreement. \nFailure to Communicate & Obstruction in Loan Modification : Selene Finance LP has repeatedly refused to communicate with me directly, despite my written confirmation that I do not have legal representation for the loan modification. \nThey continue to claim that I have legal representation for the loan modification process, causing unnecessary delays and confusion. \nFurthermore, my loan modification requests have been wrongfully denied, citing missing documents, even though I have fully complied with all document requests and deadlines provided by Selene Finance LP.","date_sent_to_company":"2025-02-24T22:09:07.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"900XX","tags":null,"has_narrative":true,"complaint_id":"12103142","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Selene Holdings LLC","date_received":"2025-02-17T23:03:34.000Z","state":"CA","company_public_response":null,"sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["Violation of XXXX  XXXX XXXX XXXX Notices : The Notice of Mortgage <em>Change</em> filed in <em>bankruptcy</em> <em>court</em> <em>explicitly</em> <em>stated</em> that no <em>changes</em> would be <em>made</em> to the <em>principal</em>, interest, or mortgage payments. \nDespite this, Selene Finance LP and XXXX implemented unauthorized rate increases, breaching the protections afforded by <em>bankruptcy</em> and undermining the <em>court</em>-approved agreement."],"sub_issue":["Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, <em>bankruptcy</em>, or foreclosure"]},"sort":[24.695673,"12103142"]},{"_index":"complaint-public-v1","_id":"12367375","_score":18.423288,"_source":{"product":"Mortgage","complaint_what_happened":"We, XXXX XXXX and XXXX XXXX XXXX, are writing to formally appeal the denial of our application for home retention loss mitigation options as outlined in your letter dated XX/XX/XXXX. We believe that SPSs determination was incorrect due to procedural errors, misapplication of eligibility criteria, and failure to fully consider applicable legal protections under federal and New York State law. We request a reconsideration of our application for the SPS Trial Modification, SPS Unemployment Program, Deferral Plan, and Repayment Plan. Below, we outline the basis for our appeal, supported by evidence and legal arguments. \nBackground and Request for Reconsideration Our property at XXXX XXXX XXXX XXXX, XXXX, NY XXXX, is our family residence, and we are committed to retaining it. Your letter indicates that our mortgage obligation is either discharged or subject to an automatic stay under the United States Bankruptcy Code, yet the lien remains enforceable. We acknowledge the accounts delinquency and bankruptcy status but assert that SPSs review failed to adequately account for our circumstances, applicable investor guidelines, and regulatory requirements.\n\nLegal Basis for Appeal 1. Violation of Federal Servicing Regulations ( Regulation X, 12 CFR 1024.41 ) Under the Real Estate Settlement Procedures Act ( RESPA ), implemented through Regulation X, mortgage servicers must exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application and evaluate all available options ( 12 CFR 1024.41 ( b ) ( 1 ) ). Your denial letter lists specific reasons for non-approval but provides insufficient detail on how these conclusions were reached. For example : o SPS Trial Modification ( Insufficient Payment Reduction ) : The letter states that a modification could not reduce our principal and interest payment sufficiently. However, no Net Present Value ( NPV ) calculation specificsbeyond a property value of $ XXXXare provided to justify this finding. Regulation X requires servicers to provide borrowers with a description of the inputs used in the NPV calculation ( 12 CFR 1024.41 ( d ) ( 2 ) ( ii ) ). The incomplete NPV data in your letter suggests a lack of transparency and potentially an error in underwriting. We request the full NPV inputs and methodology to verify compliance with investor guidelines ( e.g., XXXX XXXX XXXX XXXX, or other applicable standards ). \no SPS Unemployment Program and Deferral Plan ( Account Delinquency ) : The blanket denial based on account delinquency fails to consider whether partial payment deferrals or forbearance could cure the delinquency, as permitted under federal guidelines.\n\n2. Misapplication of Bankruptcy Protections Your letter acknowledges an active bankruptcy filing or discharge but denies the Repayment Plan explicitly due to Active Bankruptcy. This denial appears inconsistent with federal law. The automatic stay under 11 U.S.C. 362 does not preclude voluntary loss mitigation agreements, provided Bankruptcy Court approval is obtained. SPSs own letter conditions approval of a trial modification on such approval, yet no effort was made to explore this option or provide us with guidance on seeking it. This omission violates SPSs duty to evaluate all loss mitigation options under 12 CFR 1024.41 ( c ) ( 1 ). We request reconsideration of the Repayment Plan and assistance in obtaining Bankruptcy Court approval if needed.\n\n3. New York State Foreclosure Prevention Requirements New York Real Property Actions and Proceedings Law ( RPAPL ) 1304 requires mortgage servicers to negotiate in good faith during loss mitigation reviews. The cursory denial of all home retention optionswithout exploring alternatives such as principal deferral, interest rate reduction, or extended forbearancesuggests a lack of good faith effort. Additionally, XXXX XXXX XXXX XXXX XXXX ( XXXX ) and regulations under the XXXX XXXX  XXXX XXXX ( DFS ) emphasize affordable retention options. SPSs failure to propose a viable retention plan, despite our expressed intent to retain the home, contravenes these state mandates. \n4. Potential Investor Guideline Errors SPS states that its review adhered to investor eligibility rules, yet no specific investor ( e.g., XXXX XXXX, XXXX XXXX, private investor ) or guideline is identified. For example, under XXXX XXXX XXXX XXXX program, delinquent borrowers may qualify for payment reductions even in bankruptcy, provided certain criteria are met. SPSs blanket denial based on delinquency and bankruptcy status may reflect an overly restrictive interpretation of these rules. We request clarification on the investor and a detailed explanation of how their guidelines were applied.\n\n5. 3. Evidence of Bad Faith in XXXX Modification Process Attached documents demonstrate SPSs bad faith during a prior modification attempt in XXXX, which supports our contention that the current denial is similarly flawed : o On XX/XX/XXXX, SPS approved us for a trial period plan under the Home Affordable Modification Program XXXX XXXX XXXX XXXXth payments of {$2100.00} ( Attachment A ). We made all three required trial payments plus three additional payments through XX/XX/XXXX, totaling six payments of {$2100.00}. Before we were approved for a permanent modification in XX/XX/XXXX ( Attachment B ), SPS sent us a letter claiming that they were doing a quality control on our loan. In a coincidence with this quality control check, the XXXX era of the HAMP modifications were due to expire in XX/XX/XXXX. \no XXXX XX/XX/XXXX, we submitted paperwork to finalize the permanent modification. However, SPS unilaterally rescinded the offer in XX/XX/XXXX, claiming it had expired, despite our compliance with all terms and an additional payment in XX/XX/XXXX ( Attachment C ). \no On XX/XX/XXXX, SPS offered a new trial modification, after the court was notified of their bait-and-switch tactic ( Attachment D ) with payments of $ XXXXan increase of {$2600.00} over the previously approved amountwithout justification tied to any change in our financial circumstances ( Attachment E ). Our appeal letter dated XX/XX/XXXX, provided XXXX tax returns and XXXX profit/loss statements showing no material change in income, yet SPS did not revert to the original terms ( Attachment F ). \n\n\nSupporting Evidence and Arguments Hardship and Intent to Retain Home : We have faced financial hardship with COVID 19, unemployment, and medical issues, which contributed to the delinquency. However, we are willing and able to resume payments under a modified plan. SPSs assertion that income was neither required nor considered does not absolve it of the duty to assess our current capacity to sustain a modified payment, as required under federal and state law. \nProperty Value Discrepancy : The NPV results list our property value at {$970000.00}, but we question whether this reflects a current, accurate appraisal. XXXX real estate values have fluctuated, and an inflated valuation may have skewed the payment reduction analysis. We request an opportunity to submit an independent one. \nBankruptcy Status Clarification : We are prepared to work with SPS and the Bankruptcy Court to secure approval for a modification or repayment plan, contrary to SPSs assumption that bankruptcy precludes all options.","date_sent_to_company":"2025-03-07T20:56:05.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"33414","tags":null,"has_narrative":true,"complaint_id":"12367375","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2025-03-07T20:49:24.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["Misapplication of <em>Bankruptcy</em> Protections Your letter acknowledges an active <em>bankruptcy</em> filing or discharge but denies the Repayment Plan <em>explicitly</em> due to Active <em>Bankruptcy</em>. This denial appears inconsistent with federal law. The automatic stay under 11 U.S.C. 362 does not preclude voluntary loss mitigation agreements, provided <em>Bankruptcy</em> <em>Court</em> approval is obtained."],"sub_issue":["Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, <em>bankruptcy</em>, or foreclosure"]},"sort":[18.423288,"12367375"]},{"_index":"complaint-public-v1","_id":"21022565","_score":15.094212,"_source":{"product":"Mortgage","complaint_what_happened":"NARRATIVE STATEMENT OF COMPLAINT : This complaint details violations of federal consumer protection laws, specifically the Real Estate Settlement Procedures Act ( RESPA ) and the Fair Debt Collection Practices Act ( FDCPA ), by Select Portfolio Servicing , Inc. ( SPS ) and XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). Despite formally acknowledging Complainants status as a confirmed successor in interest to the property at XXXX XXXX XXXX, SPS and XXXX XXXX proceeded with a foreclosure, denied Complainant all federally mandated protections, and made misrepresentations in multiple court proceedings. \n\nFactual Background : XXXX. Property Acquisition and Loan History : Complainant acquired title to the property at _XXXX XXXX XXXX, via a quitclaim deed dated XX/XX/XXXX, and recorded on XX/XX/XXXX. The original borrower obtained the mortgage on XX/XX/XXXX. The original Borrower 's personal liability on the mortgage note was discharged in a XXXX XXXX bankruptcy proceeding, with the discharge order entered on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX Bankruptcy Court, XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. SPS has been the loan XXXXervicer since XX/XX/XXXX. Complainant has made payments on this loan totaling approximately {$10000.00}. \n\nXXXX. Confirmation as Successor in Interest : On XX/XX/XXXX, after Complainant provided documentation of ownership interest, SPS sent formal written correspondence explicitly confirming Complainants status. The letter states : SPS has added \" Complainant '' as an authorized third party to the above-referenced account. As an authorized third party, they will be granted access to all account information and are authorized to make any changes to the account. This written confirmation legally established Complainant as a confirmed successor in interest under RESPA ( 12 C.F.R. 1024.31 ), entitling Complainant to the same rights and protections as the original borrower. \n\nXXXX. Foreclosure and Denial of RESPA Rights : Despite this written confirmation, SPS and XXXX XXXX proceeded with a foreclosure sale on XX/XX/XXXX, and recorded a Sheriffs Deed on XX/XX/XXXX. Complainant was not treated as a confirmed successor ; instead, SPS sent generic occupant notices, in violation of their duty to provide specific notice to a known successor. \n\nXXXX. Defective Foreclosure : The foreclosure contained procedural defects. The Notice of Default was issued on XX/XX/XXXX, purportedly on behalf of XXXX XXXX. However, XXXX XXXX did not acquire any recorded interest in the mortgage until XX/XX/XXXX, XXXX than XXXX months after the default was declared. SPS initiated foreclosure as an attorney-in-fact for a principal ( XXXX XXXX ) that had no recorded interest in the property at that time. \n\nXXXX. Settlement Agreement : On XX/XX/XXXX, a Settlement Agreement was executed between the original borrower, SPS, and XXXX XXXX, which released all claims related to the foreclosure. Pursuant to this agreement, SPS issued a XXXX Settlement payment to the original Borrower. A logical outcome of this Settlement was the discharge of the underlying mortgage Lien. However, SPS and XXXX XXXX have not recorded a discharge of the Lien, leaving a cloud on the Title. \n\nXXXX. Misrepresentations in Litigation : In multiple court proceedings, including the current Quiet Title action ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), counsel for SPS and XXXX XXXX have represented that Complainant is a stranger to the mortgage to deny standing, despite their own XX/XX/XXXX, letter confirming Complainants status. Furthermore, at a hearing on XX/XX/XXXX, their counsel stated that Complainant had failed to make a Court-ordered Escrow paymenta statement immediately proven false by the court docket. \n\n\nIV. SPECIFIC VIOLATIONS OF FEDERAL LAW XXXX. RESPA Violation Failure to Recognize Confirmed Successor Status ( 12 C.F.R. 1024.38 ) SPS violated RESPA by failing to treat Complainant as a borrower after confirming successor-in-interest status in writing on XX/XX/XXXX. Under 12 C.F.R. 1024.38 ( b ) ( 1 ) ( vi ), a servicer must facilitate communication with successors. SPS had an affirmative duty to provide Complainant with borrower-level notices and protections but instead proceeded with foreclosure. \n\nXXXX. RESPA Violation Inadequate Successor Notice ( 12 U.S.C. 2605 ; 12 C.F.R. 1024.38 ) SPS knew Complainant was the confirmed successor in interest. Yet they provided only generic occupant notices regarding foreclosure. A confirmed successor is entitled to the same specific notices as the original borrower. This failure to provide adequate notice deprived Complainant of the ability to exercise established rights. \n\nXXXX. RESPA Violation Failure to Provide Loss Mitigation & Dual Tracking ( CFPB Mortgage Servicing Rules ) As a confirmed successor in interest, Complainant is considered a borrower for purposes of loss mitigation under 12 C.F.R. 1024.41. SPS did not provide an opportunity to apply for loss mitigation options or conduct any required review. By proceeding with foreclosure sale while Complainant was communicating with them about rights, SPS engaged in prohibited dual tracking. \n\nXXXX. FDCPA Violations Debt Collection Abuses by SPS ( 15 U.S.C. 1692 et seq. ) SPS has acted as a debt collector throughout this process. Their counsel admitted this in a XX/XX/XXXX, email stating, This firm is a debt collector attempting to collect a debt. SPS violated the FDCPA by : - Attempting to collect on a debt for which personal liability was extinguished by XXXX XXXX XXXX bankruptcy discharge ( 1692e ( 2 ) ( A ) ). \n- Using misrepresentations to collect a debt by misrepresenting the validity of the debt and their legal authority to foreclose ( 1692e ( 10 ) ). \n\nXXXX. Pattern of Misrepresentation and Servicer Misconduct The actions of SPS and XXXX XXXX suggest a pattern of non-compliance. This includes : - Misrepresenting Complainants legal status in court proceedings after confirming successor status in writing. \n- Initiating foreclosure with a chain of Title that appears defective, using a notice of default that predates their recorded interest.\n\n- Not honoring the Settlement Agreement by failing to discharge the mortgage, Lien.","date_sent_to_company":"2026-04-07T19:27:47.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"482XX","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"21022565","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2026-04-07T18:57:15.000Z","state":"MI","company_public_response":null,"sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["The original Borrower 's personal liability on the mortgage note was discharged in a XXXX XXXX <em>bankruptcy</em> proceeding, with the discharge order entered on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX <em>Bankruptcy</em> <em>Court</em>, XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. SPS has been the loan XXXXervicer since XX/XX/XXXX. Complainant has <em>made</em> payments on this loan totaling approximately {$10000.00}. \n\nXXXX."]},"sort":[15.094212,"21022565"]},{"_index":"complaint-public-v1","_id":"3453884","_score":10.89599,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX, XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX XXXX XXXX, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX  XXXX. and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$650000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no  collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical.  However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s ) follows : FROM : XXXX XXXX, a living woman, XXXX XXXX, As Attorney In Fact, XXXX XXXX XXXX  XXXX, CA XXXX, XX/XX/XXXX, TO : XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, Foreclosure Trustee, XXXX XXXX XXXX, XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, TO : XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, RESPONDENT, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX, FL XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 July 1, 1966 AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights  and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, XXXX XXXX, XXXX XXXX in Fact, XXXX XXXX, Alternative Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERAL, XXXX XXXX, Attorney General, XXXX. XXXX  XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX","date_sent_to_company":"2019-11-30T05:53:47.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453884","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"Law Offices of Les Zieve","date_received":"2019-11-30T00:47:49.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":[". {$650000.00} ( this amount is called <em>Principal</em> plus interest to the order of the Lender. [ emphasis bold, mine ] However no money <em>changed</em> hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false."]},"sort":[10.89599,"3453884"]},{"_index":"complaint-public-v1","_id":"3453878","_score":10.874832,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX XXXX XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX XXXX, XXXX XXXX XXXX  and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$370000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s )  follows : FROM : XXXX XXXX XXXX, a living man XXXX XXXX XXXX  XXXX XXXX, CA. XXXX XX/XX/XXXX XXXX XXXX, President CEO, XXXX XXXX XXXX XXXX. XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX, PA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX CLEAR RECON CORP. , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, AZ XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 XX/XX/XXXX AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 )  says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective XX/XX/XXXX. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, _________________________  XXXX XXXX XXXX XXXX Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERA, XXXX XXXX, Attorney General, XXXX. XXXX  XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX XXXX","date_sent_to_company":"2019-11-29T23:06:40.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453878","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2019-11-29T23:01:13.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":[". {$370000.00} ( this amount is called <em>Principal</em> plus interest to the order of the Lender. [ emphasis bold, mine ] However no money <em>changed</em> hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false."]},"sort":[10.874832,"3453878"]},{"_index":"complaint-public-v1","_id":"3453872","_score":10.874832,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX, XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX  XXXX. and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$650000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under 18 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s ) follows : FROM : XXXX XXXX, a living woman, XXXX XXXX, As Attorney In Fact, XXXX XXXX XXXX XXXXXXXX, CA XXXX, XX/XX/XXXX, TO : XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX , XXXX, Foreclosure Trustee, XXXX XXXX   XXXX, XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, TO : XXXX XXXX, CEO, Bayview Loan Servicing LLC, RESPONDENT, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX, FL XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels,  collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1.  .. In regards to Foreign or Interstate Commerce : Public Law 89-485 July 1, 1966 AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a  transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ;  Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least two hundred fifty thousand dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS  COMMENCED UPON THE FOLLOWING : 1 )  Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the  freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( XX/XX/XXXXEdition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, XXXX XXXX, XXXX XXXXAttorney in Fact, XXXX XXXX, Alternative Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX COUNTY RECORDERS OFFICE, XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX, CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERAL, XXXX XXXX, Attorney General, XXXX. XXXX   XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX  XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX","date_sent_to_company":"2019-11-30T05:44:20.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453872","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","date_received":"2019-11-30T00:31:21.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":[". {$650000.00} ( this amount is called <em>Principal</em> plus interest to the order of the Lender. [ emphasis bold, mine ] However no money <em>changed</em> hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false."]},"sort":[10.874832,"3453872"]},{"_index":"complaint-public-v1","_id":"3453814","_score":10.874832,"_source":{"product":"Mortgage","complaint_what_happened":"The Bank-Lender and/or Successor ( s ) in the Mortgage and Note on the real property at XXXX XXXX XXXX  XXXX XXXX, CA XXXX remained silent when Administrative Arbitration Documents were sent regarding their lack of authority to Foreclose on the subject real property. Deed of Trust recorded XX/XX/XXXX in XXXX County, California Document # XXXX on MIN # XXXX, has serious discrepancies in legal language to bind anyone to a mortgage contract with XXXX XXXX XXXX, XXXX XXXX XXXX and/or its Successor ( s ). To Wit : The Note which precedes the deed of trust says : In return for a loan I have received, I promise to pay U.S. {$370000.00} ( this amount is called Principal plus interest to the order of the Lender. [ emphasis bold, mine ] However no money changed hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false. Fraud in the language above invalidates any Foreclosure occurring against the real property. Further evidence that is lacking is that under XXXX8 USCA 1813 ( L ) ( 4 ) the Lender must issue a receipt for the promissory note deposited. It is asserted there will be no evidence forthcoming of such mandatory receipt in the entirety of the Defendant ( s ) possession. One of the reasons this evidence is likely hidden is that the \" borrower '' is the Originator under UCC 4A-104, and only the Note signatory is the Originator. This means Trover is an ongoing Enterprise in this Case whereupon the Bank-Lender and/or its Successors are attempting Conversion Theft. Under the BORROWER COVENANTS section of the Deed of Trust Agreement of XX/XX/XXXX,, there were no encumbrances of record as no money changed hands XX/XX/XXXX, There was no loan given by the Bank-Lender pursuant to 12 CFR 223.14, no collateral deposit was made by the Bank either on XX/XX/XXXX, and therefore the language of the Mortgage Agreement and its chronology is fraudulent. The Plaintiff and/or its  Successors have not met their burden of proof in evidence to sustain a foreclosure on the real property. In addition to several demands for the Bank-Lender and/or its Successors to show proof of authority, and standing, to Foreclose upon the alleged \" Borrowers '' the Administrative Letters regarding Arbitration also showed an interest by U.S.Senate Report by the U.S. Government on all Mortgages since the Bankruptcy of 1933. The recipients of the Administrative Arbitration Documents also Defaulted by remaining silent on the U.S. Govt 's interest in the mortgages and land 's mortgaged in this country in reference to the Admin. Arbitration documents mailed by certified u.s. postal. Though the Law Firm ( s ) involved claim they did not have to respond to the alleged Borrower 's Administrative Arbitration documents, mailed, their silence to the step by step mailings leading to an Administrative Arbitration Award due to their silence prompts this Claimant to expose the Bank ( s ) and/or its Successor ( s ) to the clear Fraud they are perpetrating in collecting an alleged debt they have no verified loan in existence to prove there was anything more than a credit extension, and it is illegal to loan credit. ( see ) 12 CFR 223.14. The Notice of Intent to file a Complaint in the Court for Enforcement of the Arbitration Award, to the opposition 's silence follows and at least one Law Firm involved so far claims the Administrative process used is nonsensical. However, Arbitration does not have to proceed through the courts alone. Therefore the Petitioner ( s ) herein state they are entitled to the Administrative Arbitration Award, and that matter ( s ) expressed in the Arbitration document ( s ) show that the Foreclosure Process is an entire Sham and a Cease & Desist of all forward movement has to occur or criminal charges regarding Indentured Servitude and Extortion to name a couple charges available may be filed against the opposition and their lawyer ( s ) who are also liable for continuing a criminal enterprise in defacto debt collection ( s ). The Notice of Default and Notice of Intent submitted by these claimant ( s )  follows : FROM : XXXX XXXX XXXX, a living man XXXX XXXX XXXX  XXXX XXXX, CA. XXXX XX/XX/XXXX XXXX XXXX, President CEO, BSI Financial Services XXXX. XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX, PA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX, Phone ( XXXX ) XXXX, Fax ( XXXX ) XXXX ( XXXX ) XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, XXXX East XXXX XXXX, XXXX XXXX, XXXX, AZ XXXX NOTICE OF ADMINISTRATIVE DEFAULT & NOTICE OF INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The above claimant ( s ) filed Administrative Arbitration documents to the above Respondents who are attempting to foreclose on property owned by the Petitioner ( s ). Due to the silence of the Respondents to answer the Arbitration documents submitted to them the Respondents may think that Enforcement is not forthcoming as they did not expressly agree to Arbitration. The Petitioner does not need to form an agreement to Arbitrate as the Respondents have past claimed they have standing to represent their client ( s ) and/or litigate a Mortgage agreement that they either are party to or have been assigned on, or purchased as a Debt Collection Law Firm. Maritime Transactions, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction commerce, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. ( see ) 9 U.S.C. 1. .. In regards to Foreign or Interstate Commerce : Public Law 89-485 XX/XX/XXXX AN ACT to amend the Bank Holding Company Act of 1956. SEC. 3 \" Bank ' means any institution that accepts deposits that the depositor has a legal right to withdraw on demand, but shall not include any organization operating under section 25 or section 25 ( a ) of the Federal Reserve Act, or any organization that does not do business within the United States. SEC. 6. \" ( h ) The application of this Act and of section 23A of the Federal Reserve Act ( 12 U.S.C. 371 ), as amended, shall not be affected by the fact that a transaction takes place wholly or partly outside the United States or that a company is organized or operates outside the United States : SEC. 12. ( a ) Section 23A of the Federal Reserve Act, as amended ( loans to affiliates ) ( 12 U.S.C. 371c ) ... Again at Title 9 U.S.C. : A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. ( see ) 9 U.S.C. 2. THE APPLICABLE DEED OF TRUST  The Deed of Trust recorded XX/XX/XXXX, in the County of XXXX XXXX, at page ( 9 ) of ( 13 ) says at section ( 16 ) Governing Law ; Severability ; Rules of Construction : .All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract ... PLEASE TAKE NOTICE AND RESPOND ACCORDINGLY OPPOSITION TO ARBITRATION COSTS THE COURT California Civil Procedure 1775. The Legislature finds and declares that : ( a ) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. ( b ) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. ( c ) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. ( d ) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. ( e ) As a pilot project in XXXX XXXX County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties right to obtain a trial if a dispute is not resolved through an alternative process. ( f ) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through  judgment is XXXX XXXX XXXX XXXX XXXX dollars ( {$3900.00} ) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. ( emphasis bold, italics, Petitioner ) The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least XXXX XXXX XXXX XXXX dollars ( {$250000.00} ) to the courts and corresponding savings to the parties. ( Added by Stats. 1993, Ch. 1261, Sec. 4. Effective XX/XX/XXXX. CA Civ. Proc. Sec. 1775 ( California Code ( 2019 Edition ) ) ARBITRATION IS COMMENCED UPON THE FOLLOWING : 1 ) Adhoc by a demand to arbitrate. 2 ) Institutional - very similar to a demand to arbitrate, addressed to the institution ; called a Request for Arbitration or Notice of Arbitration. Party-Autonomy to choose the method of Arbitration or Alternative Dispute Resolution General policies. It is the policy of most States to actively promote the use of various modes of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To this end, the objectives of the States ADR Rules are to encourage and promote the use of ADR, particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution of disputes, impartial justice, curb a litigious culture and to de-clog court dockets. Declaration of Policy -To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes -To encourage and actively promote the use of ADR to achieve speedy and impartial justice & de-clog court dockets Any party to an arbitration may request the court to act as an Appointing Authority in the instances specified in the Arbitration mailings made in this situation. In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. Such demand shall set forth the nature of the controversy, the amount involved, if any, and the relief sought, and shall be accompanied by a true copy of the contract providing for arbitration. \" Early Neutral Evaluation '' means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. California Civil Procedure 1281.6 : If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on  a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason can not be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. CA Civ. Proc. Sec. 1281.6 ( California Code ( 2019 Edition ) ). NOTICE OF DEFAULT IS PROPER The Petitioners mailings to all party ( s ) who claim standing have finished out and the Petitioner is entitled to Enforcement. Failure of the Respondents to answer is merely confirmation that the Court will not look favorably on the excessive costs that may now be incurred to litigate the necessary points and authorities that have already been made in the administrative mailings sent by the Petitioner. INTENT TO FILE COMPLAINT FOR ARBITRATION ENFORCEMENT The Respondent ( s ) have not offered to Settle out of Court as they have not answered any of the Administrative mailings for Arbitration this Petitioner has sent by registered or certified mail. The Respondents have ( 10 ) days from the date of this letter to respond or Court Enforcement will be commenced to the dismay of the already clogged up State Courts. TITLE 9 UNITED STATES CODE A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. ( ref ) 9 U.S.C. 4. I LOOK FORWARD TO YOUR REPLY TO THIS NOTICE OF INTENT. Thank you for your assistance in this matter, Respectfully, _________________________  XXXX XXXX XXXX XXXX Dispute Resolution or Arbitration Determination or Conclusory Documents were also sent to : XXXX XXXX RECORDERS OFFICE, XXXX XXXX XXXX XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, CALIFORNIA STATE ATTORNEY GENERA, XXXX XXXX, Attorney General, XXXX. XXXX  XXXX, XXXX, CA XXXX, Phone ( XXXX ) XXXX, US DEPARTMENT OF JUSTICE, ATTORNEY GENERAL, XXXX XXXX  XXXX, XXXX, Washington, DC XXXX, Phone ( XXXX ) XXXX, Attentively, XXXX XXXX XXXX","date_sent_to_company":"2019-11-29T22:51:17.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"95076","tags":null,"has_narrative":true,"complaint_id":"3453814","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Servis One, Inc., Titusville, PA Branch","date_received":"2019-11-29T22:40:09.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":[". {$370000.00} ( this amount is called <em>Principal</em> plus interest to the order of the Lender. [ emphasis bold, mine ] However no money <em>changed</em> hands at the time of the alleged loan above. The Note was securitized later, roughly assumed to happen ( 5 ) days later and deposited by the Bank as an asset. Therefore the above language at the first paragraph of the original Note invalidates any mortgage agreement for being chronologically false."]},"sort":[10.874832,"3453814"]},{"_index":"complaint-public-v1","_id":"5248282","_score":8.120958,"_source":{"product":"Mortgage","complaint_what_happened":"I XXXX XXXX XXXX, am concerned that there is immediate need for injunction and restitution. I seek your expertise and authority to inform the agency heads as to the grave injustice that is proceeding. There is a hearing in XXXX XXXX today XX/XX/XXXX, under XXXX, which may cause to invalidate our recorded interest and award a Quiet title to land developers. They have interfered with all our attempts to settle the claims with XXXX Bank since prior to the XXXX foreclosure. As I am still in the home, I intend preserve my interest and The XXXX 's estate. My family have attempted to defend and assert the right to rescind and did properly defeat the WILD, Unlawful, Unconscionable contract. We are seeking right to equity and ownership of our home. \nWe are first time homeowners, first time buyers, and never refinanced, or even legally completed any remodification. The proof and records are already in the possession of the XXXX, XXXX XXXX, The CFPB file XXXX [ XXXX ] XXXX The Federal Court XXXX and The XXXX XXXX XXXX XXXX XXXX XXXX of this state supplied by the foreclosing entities. The exhibits and statements made by the attorney on behalf of XXXX XXXX differ from the response provided to this agency compared to the response provided to the XXXX. All this is evidence confirms and substantiate everything alleged by the XXXX 's. The extent of trickery and egregious actions by the foreclosing Parties and their counsel are too numerous and therefore extremely difficult to direct the courts and regulators to. \nWe have made every attempt to navigate Non-Judicial foreclosure proceedings under the WA XXXX more than a good faith effort to negotiate with the regulatory agencies, foreclosure prevention entities, and the foreclosing parties. Everyone has ignored us. Now I see that the DOJ has found liability and guilt information under XXXX XXXX XXXX. ( See footnote at XXXX of Annex XXXX, as it relates to NPV and equity to the parties ). The settlement is contingent on the relief to the homeowners. It shows there was viable restitution and remedy to keep us out of foreclosure and out of harms way this entire time. Not one of the states agencies made an attempt to help us. This Mortgage created consist of Violations of Sections 17 ( a ) ( 2 ) and 17 ( a ) ( 3 ) of the Securities Act and 17 ( b ) engaged in transactions, practices, or sec ( 16 ) courses of business which operated or would operate as a fraud or deceit upon the purchaser. CV XXXX filed XX/XX/XXXX against the false representation made by the XXXX securities offerings explains in detail the effects this contract has on the world financial markets and global economy. It also shows the knowledge and forethought of XXXX and XXXX Bank as it pertains to their respective roles. Also see that history shows all parties beside the homeowner victims were able to seek remedy or claims under securitization jurisdiction and are not injured by the XXXX 's. ( XXXX Bank XXXX. XXXX XXXX XXXX FDIC, XXXX XXXX XXXX XXXX XXXX ), and see FDIC XXXX & A for failed bank for XXXX cost over XXXX XXXX in FDIC insured accounts to be paid, less than half of the Liabilities after all assets liquidated. \nIn fact the XXXX was signing a stipulated Judgement to settle horrific crimes against XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX ( all bad acts against XXXX transpired XXXX XXXX XXXX  XXXX conveniently ) On XX/XX/XXXX in XXXX XXXX XXXX XXXX Judgement it was explicitly noted that we were resolving claims for monetary compensation paid to us for harm done during these years. Furthermore, the damages awarded were TO BE conclusive of the damages we sustained during these years XXXX. HOWEVER, it is my believe any amount owed to XXXX XXXX would be included as they initiated foreclosure in XXXX and proceeded to trustee sale on XX/XX/XXXX in XXXX XXXX XXXX XXXX day XXXX settled with the XXXX 's XXXX I feel that a rouge escrow account falsely trigger foreclosure on us in XXXX the same month WA XXXX was cashing an extortion bank draft forced under duress to pay and then the XXXX XXXX is allowed to proceed in this State without the agency heads even looking into the DOJ XXXX XXXX XXXX the XXXX XXXX Bank XXXX XXXX XXXX XXXX disturbing. The winter of XXXX XXXX spent sitting in the cold, dark, XXXX XXXX with no food or heat trying to study law to defend against the foreclosure and the XXXX agents simultaneous, [ which is The XXXX 's full time residence not properly taxed or described ]. \n\nAll the documents and exhibits provided are an admission of the adverse party. Because they have been supplied and are available for review, I will point out several factors that appear to violate the XXXX 's rights, as well as the foreclosing statutory requirements. \nA trustee can not appoint a trustee. A Trustee and Beneficiary can not be the same persons under WA XXXX. Who is the XXXX of the DOT foreclosed on the XXXX 's XXXX? The Lienholder notice sent by XXXX XXXX XX/XX/XXXX was sent to XXXX Bank. The XXXX XXXX states that the XXXX XXXX case was moved to XXXX XX/XX/XXXX to restrain sale. Our right to demand trial or contest a magistrate was waived XX/XX/XXXX. XXXX and XXXX XXXX say 14 days from filing a case are allowed to comply with this. XXXX is 13 days. The federal docket will also show that Ocwen filed the case XX/XX/XXXX, first document on court is the XXXX 's Complaint. This document was replaced by Ocwen on XX/XX/XXXX, the same day the XXXX was removed, and XXXX assigned. An action is not brought, and case does not commence until filing of the complaint. Further the XXXX have no idea what was placed on the federal court XX/XX/XXXX labelled \" the complaint '' and then changed XX/XX/XXXX. This is Prejudice and strange. Third the response to CFPF on page XXXX sec XXXX states sale was Postponed to XX/XX/XXXX. No notice was provided or published. Then there is the fact that Ocwen and PHH were merging in Delaware in XXXX. Ocwen was forced closed due to the violations it was already known to be committing on homeowners. XX/XX/XXXX consent order was signed exactly when Ocwen acquired the XXXX 's accounts and proceeded to do every XXXX of the violations alleged by your agency to my family up until XX/XX/XXXX. PHH was not merged in WA until XXXX. There was no servicer to negotiate with all of XX/XX/XXXX to save the foreclosure from proceeding. Further XX/XX/XXXX PHH responded to XXXX complaint and said they needed more time and would provide the XXXX response after XX/XX/XXXX sale date. Also, PHH admitted to needing more time to provide the XXXX required account statements and confessed to providing the XXXX 's with false information in their response provided to us in XXXX. \nPLEASE KEEP IN MIND THAT these actions should be moot, considering I have learned that the XXXX XXXX has so been ordered, back in XXXX to provide direct relief to the VICTIMS. I am a direct transacting party from XXXX all the way until XX/XX/XXXX, when PHH sold the REO to an investment company. From XX/XX/XXXX to XX/XX/XXXX the title was in the name of XXXX Bank as trustee for XXXX XXXX and PHH is XXXX of attorney to complete the XXXX requirements of foreclosure and holding property. During this time the XXXX makes clear that the XXXX can void the trustee sale and make right with the XXXX 's rather than continue to move forward and knowingly perpetuate the now confirmed mortgage fraud. \nThe order and sanctions imposed by the DOJ on XXXX Bank for finally confessing to the collaboration with XXXX under the XXXX ( XXXX XXXX ) transaction. Gave until XX/XX/XXXX to XXXX Bank to comply with the requirements of XXXX XXXX in the form of 100 % forgiveness or a workable negotiation. The XXXX 's being under contract the entire time with the original parties from XXXX have never been afforded any mitigation or loss prevention. We were in fact denied by all the agencies. What this means is that all equity and obligation has been performed by the XXXX 's. We paid and they do admit this. There statements show the value of the home on the XXXX records in XXXX XXXX and now XXXX. Its beyond likely they are not entitled to gross enrichment. We have receipts to prove far more paid to the parties. ( They all are now confirmed to have committed fraud under that Transaction of XXXX INABS trust. ) Why would this state not order the relief be granted rather than imply the XXXX 's must pay known criminals? The XXXX collapsed the world economy, this is an international event, PHH is a foreign company, and this may very well be crimes against Humanity. Not just against XXXX XXXX XXXX. However, I am only seeking your intervention and assistance in protection from the crime of foreclosing on my home. The XXXX 's are only the second owner of the summer cabin on XXXX XXXX. It is a XXXX XXXX and it has an interesting and odd past. The Trustee on the DOT recorded was scratched off. The original trustees named all deny any knowledge of this DOT. The XXXX is very clear that the beneficiary may assign a successor trustee for foreclosure and upon this they are vested with full statutory authority of THE ORIGINAL TRUSTEE, with which comes power of sale Who is the TRUSTEE under the XXXX 's DOT? Furthermore, the Escrow was collected XX/XX/XXXX, the heirs of the estate ( sellers ) were conveyed the estate from probate XX/XX/XXXX. The escrow covered title insurance and closing costs, for the loan on the DOT. The escrow agent was XXXX. They were not licensed. XXXX, took the escrow and some other title company forced a legal description change 1 day prior to executing the DOT with XXXX. The title insurance went with the escrow under loan displayed on DOT, XXXX took first payment early and under a different loan number XX/XX/XXXX with an entirely separate escrow account for our tax and PMI. Recently I see this XXXX account # with escrow for the PMI was still running concurrent XXXX payable to XXXX, while Ocwen started servicing XXXX under account no XXXX, to which an escrow account was also active. I even called and spoke to the XXXX in XXXX when I discovered this and they are unable to represent individuals, so I received no notice that this trust was found to have violated my family and relief was ordered. On this note it is my understanding that upon the courts recommendation or prosecutors recommendation regulatory agencies in WA may enjoin a citizen complaint if action is in the interest of the public. This is a perfect example. The same parties as in XXXX XXXX XXXX, however the XXXX have been injured directly by MERS, and there is absolute harm and certain absolute that we are at risk of paying twice. These two elements are the 2 elements of the CPA violations that were not found to be present in that case. Also in XXXX she defaulted in the first year XXXX, on much larger loan value. Even despite this the XXXX enjoined the action due to all the excitement surrounding MERS beneficiary not recording in the XXXX XXXX records. That case determined MERS was not a beneficiary under WA XXXX, but more important they recognized that XXXX dissolved and could not assign interest by a nominee in XXXX. So why can they in XXXX by way of OCWEN as MERS attorney in fact, where MERS is acting for XXXX? Could it be the patented loan document that allows them the beneficial interest? ( MERS Modified XXXX ). \nThe multiple mystery accounts ran through the life of our DOT until all agencies were starting to investigate the XXXX in late XXXX - XXXX Ocwen began to foreclose to consolidate the concurrent fraudulent accounts. This was only made aware by my pleadings to the court in XXXX by the counsel and that is why all responses to your agency heads were redacted. The court rules on redaction or debt disputes makes clear that the identifying material evidence such as account numbers do not qualify for redaction. This was a deceitful act to prejudice us. \nI recently learned fidelity was not licensed and find it must be made known to your agency and the regulatory heads that is the only reason XXXX XXXX XXXX under case XXXX is attempting to rule against the XXXX XXXX and XXXX XXXX XXXX for a superior title action. Because he is an escrow agent licensed to assign the DOT. When in fact the escrow agent that sold the mortgage was not licensed either, and refuses to allow Our Reconveyance and declaration. \nI have read the XXXX, XXXX, and assumption agreements, I have read the XXXX and XXXX ratings entitled \" The Takedown '' dated XX/XX/XXXX. I have read all the SEC filings from all the entities under the XXXX XXXX XXXX Issuing contract and understand how the Depositor, Seller, Issuer, Sponsor, Servicer, Lender all being IndyMac is not normal. Yet because of XXXX performing and controlling all these roles under XXXX, when they were deemed insolvent the entire contract legally collapsed. It must be void as it was made specifically when insolvent. Statutorily and traditionally this is accurate. However under the XXXX, The Trustee ( XXXX Bank [ Co-Manager of the XXXX XXXX Trust formation and XXXX ] XXXX would take beneficial interest of \" the assets '' and \" the Original Loan documents '' among many other indemnification contract language, that preserved the XXXX XXXX contract. It was not until XXXX upon officially linking XXXX Bank to XXXX and having equally engaged in the underwriting scheme, false representations of the opine, and malfeasance that action can now be brought. The share holders and certificate holders are not the only ones injured. \nDeliberate indifference as instructed under WPI XXXX appears to be consistently effecting my families right to peace and fear from persecution. I feel the Agencies are turning a XXXX Eye to XXXX XXXX Trusts abusive business Practice and failing to Prevent by required reporting of Trust. And imposing Double standards by subjecting the XXXX to the XXXX when the foreclosing beneficiary is the ISSUER, XXXX XXXX XXXX XXXX and should have been restrained from non-judicial foreclosure. This is the issuing entity formed under the XXXX Prospectus Co-Managed by XXXX and XXXX Bank. The contract closed on XX/XX/XXXX, The same day the XXXX XXXX with the parties under the XXXX. As of the findings and in full consideration of the totality of the findings in the completed XXXX and XXXX cases conducted over the last XXXX years it has been found to be an unconscionable contract. According to the language used by the DOJ settlement as well as the FDIC, XXXX, AND similar cases settled, does not waive the rights of any individual or any agency of state or local to pursue claims for the Mortgage Securitization scheme INABS XXXX contract. That as of XX/XX/XXXX XXXX Bank as trustee lost any Indemnification provided in the XXXX contract that is the INABS XXXX. I lost all the equity by XXXX plummeting, and also the world economy collapsed as a result. My family has persevered all these years and started XXXX XXXX XX/XX/XXXX, 3 days before XXXX funded the formation of the XXXX in XXXX as a direct result of this contract. \nI also believe it is because of the desire to provide loans to the XXXX that XXXX loan numbers were generated under the XXXX 's name and I also believe these were used to manage escrow accounts unlawfully. Our NOD which should be on file was sworn by XXXX XXXX XX/XX/XXXX to have provided the XXXX 's a mediation meeting with beneficiary. It is blank on the date and time of this false meeting. I learn that XXXX XXXX was the same rep that committed perjury in a bankruptcy case by lying about hugely overstate escrow shortages XX/XX/XXXX. Could it be that the XXXX 's really did not get a mediation meeting and that we were also victim of an escrow shortage scheme? Is it fishy that the XXXX recorded on the DOT was never paid on yet the title insurance and escrow account did in fact go forth with that loan number. Is it also strange that no Trustee on the DOT truly ever existed or wont admit? are they not the one with the Power of Sale. Is it not more likely than not that the closing escrow agents had something to do with the changing of the legal description of the estate a day before close? It is no secret that the neighbors on XXXX XXXX who have now purchased the dirty deed in XX/XX/XXXX are intending to develop and are not bona-fide purchasers. They have mocked us for not having any remedy under foreclosure and are providing no legal authority to deny our recorded interest. The XXXX stated XX/XX/XXXX that they do not have jurisdiction to void the XXXX 's recorded interest, however he will sign a legally insufficient SJ order today at XXXX to try to cause such effect in order to give the appearance of justification for ruling in favor of the parties seeking to profit from horrific mortgage fraud. This is causing undue hardship, it is very disturbing and has already harmed me beyond repair. The only saving grace has been the sanctuary of my home. It was appraised at XXXX in XXXX by an independent XXXX. \nShort XXXX c XXXX : \" This act may be known and cited as the foreclosure fairness act. '' [ 2011 c 58 2. ] ( b ) Create a framework for homeowners and beneficiaries to communicate with each other to reach a resolution and avoid foreclosure whenever possible; and ( c ) Provide a process for foreclosure mediation when a housing counselor or attorney determines that mediation is appropriate. \nAdditionally the XXXX also states that the XXXX will do everything it can to work with the XXXX for the beneficiary XXXX. WA created XXXX, sec XXXX, sec XXXX, sec XXXX, sec XXXX and sec XXXX specifically to combat the hidden beneficiaries and the lost ability to negotiate with a lender. Securities and MERS give rise and are cause of legally unsound deed of trust statutes in the wake of the securitization of residential mortgages. To make matters worse the XXXX also gives detail of how the servicer and trustee are paid. Both serve to profit in such ways that are left to self regulation and honor system. XXXX would profit from the dissolution of XXXX and the XXXX, is in a position that provides beneficial interest in foreclosing, proceeds, and full deference to determine when a mortgage is in default which is breeding ground for scienter. The servicer incentives were used to prolong application times and delay modifications and in my case Ocwen accepted over a year of payments and kept them in suspense or unapplied funds continuously. They refused to apply additional payments to principal as well. \nGiven that there is clearly more than meets the eye here and there is time to save our home, and perhaps assist in continuing efforts to prosecute the bad actors, I respectfully call upon this agency and the State regulators to allow the XXXX 's to show the evidence, to seek restitution and protection. Because the PHH and XXXX bank did not sale until 2 years ago today, it is still technically within 2 years. However if your agency can confirm the DOJ settlement does in fact welcome state and local efforts to enforce. and You can confirm the XXXX XXXX XXXX is included in the list of trust that are named under the \" covered conduct ''. The XXXX XXXX list the XXXX that XXXX Bank is liable to. XXXX XXXX is listed on page XXXX left column midway down. It is only under the XXXX 's DOT that all these parties can be seen in full light. I assert that both civil and criminal acts have been committed against my family by XXXX bank. Please understand that this is no way conclusive of all the findings and evidence that I have uncovered. I am not an attorney and do not have the ability to articulate any of this briefly. I also would ask that you remember XXXX XXXX is a Trust, the ISSUING entity of ALL the securitized mortgages, and the security certificates. Within this XXXX are Hundreds of \" supplemental trust ''. My mortgage just so happens to be held in a \" supplemental trust '' also named XXXX XXXX. This is not the same as XXXX XXXX XXXX \" issuer ''. This must be understood to confirm that XXXX Bank and XXXX did both conspire and are both now confirmed liable and have both directly harmed the XXXX and continue to proceed as a normal course of business under this contract. I seek equitable estoppel, and prosecution if it is found they are ignoring the DOJ order and attempting to conduct fraudulent mortgage activity in the state of WA. \nThank you for your consideration and immediate attention to this matter as time is of the essence. The WA state constitution and statutory code do not intend to supersede any federal law or law of The United States that has jurisdiction over such entities, as regulatory, licensing, or reporting enforcement. And likewise the federal authorities have given full deference to the local jurisdictions to take action. And furthermore, in the XXXX XXXX XXXX under XXXX XXXX it also makes clear that the Servicer and Trustee will report to and abide by any local jurisdictions authority as it XXXX relate. The statute of limitation XXXX be closing, or it XXXX be seen to not yet have commenced as the compliance review for XXXX will be evaluated next month. I would like to have the concerns presented here addressed regardless if I lose my home or not. These states regulatory agencies will need to tell the XXXX 's and XXXX XXXX : 1. who the ORIGINAL trustee was? 2. who had any statutory authority ( MERS as beneficiary ) to assign to XXXX in XXXX beneficial interest of XXXX XXXX 3. Did MERS divest any beneficial interest to XXXX? If, so under what legal statute or authority do you rely? 4. Who was the XXXX that foreclosed? 5. Are they the proper party to foreclose on a residential first-time homeowner under WA XXXX? 6. If XXXX XXXX has WA approval to foreclose, does the DOJ XXXX XXXX have no merit? or is it not applicable to The XXXX? 8. If XXXX XXXX has WA approval to foreclose, can the XXXX or XXXX explain what obligation they are foreclosing on? 9. The default on the receivables, or is that one Leon secures two obligations? \nI am available for any further information and I do appreciate your diligence in this matter. \nSigned This day XX/XX/XXXX. \nXXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2022-04-05T12:14:45.000Z","issue":"Trouble during payment process","sub_product":"Other type of mortgage","zip_code":"98584","tags":null,"has_narrative":true,"complaint_id":"5248282","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2022-02-22T17:24:03.000Z","state":"WA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["This was only <em>made</em> aware by my pleadings to the <em>court</em> in XXXX by the counsel and that is why all responses to your agency heads were redacted. The <em>court</em> rules on redaction or debt disputes makes clear that the identifying material evidence such as account numbers do not qualify for redaction. This was a deceitful act to prejudice us."]},"sort":[8.120958,"5248282"]},{"_index":"complaint-public-v1","_id":"12388263","_score":8.018979,"_source":{"product":"Student loan","complaint_what_happened":"I am writing to formally request the discharge of my student loan due to significant documentation deficiencies that have led to financial hardship and emotional distress. \n\nUnder the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), I am entitled to complete and accurate documentation regarding my loan. However, since XXXX took over my loan in XXXX, I have faced considerable confusion and lack of clarity about my loan status, particularly regarding the transition from XXXX to XXXX and the subsequent claims made by XXXX. The paperwork provided lacks crucial details, including a lender number tied to a mortgage company in Florida and verifiable loan information. \n\nMoreover, the shutdown of XXXX due to poor loan servicing practices and my unsuccessful attempts to obtain documentation over the past XXXX years only exacerbate my concerns regarding the validity of my loan. My records show no evidence of payments made from XXXX to XXXX, despite having utilized forbearances and deferments. \n\n# # # Legal Framework and Supporting Case Law 1. **Borrower Defense to Repayment Rule** : Under **34 C.F.R. 685.206**, borrowers are protected when misled by their educational institutions or when there are violations of applicable laws. This rule allows borrowers like myself to seek a discharge of student loans for inadequate documentation or servicer non-compliance with federal regulations. \n\n2. **Colorado Higher Education Statute ( C.R.S. 23-3.1-2003 ) ** : This statute delineates the responsibilities of higher education institutions and loan servicers to maintain precise and verifiable records. It mandates that loan servicers ensure documentation is up-to-date and readily accessible to borrowers. Failure to follow this statute can provide grounds for loan discharge.\n\n3. **Senate Bill 19-002** : Recently enacted legislation aimed at enhancing transparency and accountability in the student loan servicing process, this bill clarifies that borrowers are entitled to discharge if adequate documentation has not been maintained or provided upon request.\n\nSupporting case law further emphasizes the necessity for clear documentation. For example, in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) **, the court affirmed the need for transparency in loan servicing. \n\nGiven the ongoing emotional and financial burden caused by these issues, coupled with the absence of proper documentation, I respectfully request the immediate discharge of my loan and compensation for the distress experienced. \n\nAs a borrower of federal student loans, I am entitled to certain fundamental rights under federal law, including the right to receive complete, accurate documentation related to my loan. Specifically, under the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), borrowers are granted significant protections that ensure proper loan servicing and access to accurate information regarding the terms and conditions of their loans. The lack of original documents hampers my ability to understand the specifics of my loan obligations and hinders my rights as a borrower. \n\nTo provide further context, it is important to note that XXXX allegedly took over my loan in XXXX, while XXXX changed its name to XXXX in XXXX and subsequently closed in XXXX. During the period from XXXX to XXXX, I was making payments to XXXX, yet XXXX claims they had my loan and placed their name on the records with XXXX from XXXX before XXXX was involved. Additionally, the paperwork I received from XXXX in XXXX was lacking crucial information, including a lender number associated with a mortgage company based in Florida. There was no specific connection provided to validate my loan, and the consolidating loan information was not clearly included. \n\nFurthermore, there was a lawsuit that led to the shutdown of XXXX ( formerly known as XXXXXXXX  ) due to poor handling of loans. Despite my attempts to gather appropriate documentation over the past five years, I have not received adequate or legitimate information regarding my loan payments from XXXX to XXXX. My records do not reflect any evidence of payments, which is deeply concerning, especially since my loan was supposed to have a cap of 3 %. I also took out several forbearances and deferments, maximizing those options, but have received no clarity on my loan status or terms. \n\nThe absence of proper documentation raises serious concerns regarding the validity of this loan, leaving me feeling deceived and trapped. The stress and confusion that this lack of clarity has generated are profoundly alarming and unacceptable. As a result, I believe that I am entitled to not only the discharge of this loan but also compensation for the unnecessary distress it has caused me. \n\n# # # Supporting Case Law Numerous court cases underscore the need for transparency and proper documentation in the loan servicing process : XXXX. *XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ** : This case affirmed the need for accurate documentation in loan servicing and the obligation of servicers to provide clear records to borrowers. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ** : The court ruled that borrowers have the right to challenge their loans when they do not receive adequate documentation from the servicer. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXX XXXX XXXX ( XXXX Cir. XXXX ) ** : The court determined borrowers could seek loan discharges if the servicer failed to provide necessary documentation. \n\nXXXX XXXX XXXXXXXX U.S. Department of Education XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX ) ** : This case supported borrowers ' rights to contest their obligations when denied access to essential loan documents. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXX XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX ) ** : The ruling affirmed that borrowers are entitled to rely on their servicers to produce required documentation. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX ) ** : The court highlighted that servicers must ensure that their records accurately reflect loan terms. \n\nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX* : Additionally, in the recent class-action lawsuit against XXXX XXXX XXXX XXXX XXXX  ) regarding improper documentation and loan servicing practices, it was alleged that borrowers were misled about their repayment obligations. The court found substantial evidence indicating that XXXX failed to comply with federal documentation requirements, similar to the issues I have faced. This case highlights the potential for borrowers like myself to claim discharge on the grounds that servicers compromised our rights through their inadequate practices. \n\n# # # Personal Impact The experience of navigating this loan has been overwhelming and distressing due to the lack of accurate information. I have made multiple requests for documentation regarding my loan, including payment history, loan terms, and borrower rights, but have not received satisfactory responses. This gap in responsibility has resulted in confusion regarding my repayment obligations and has adversely affected my financial well-being. \n\nAs a borrower of federal student loans, I am entitled to certain fundamental rights under federal law, including the right to receive complete, accurate documentation related to my loan. Specifically, under the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), borrowers are granted significant protections that ensure proper loan servicing and access to accurate information regarding the terms and conditions of their loans. The lack of original documents hampers my ability to understand the specifics of my loan obligations and hinders my rights as a borrower. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) ** : This case established that educational institutions could be held responsible for misleading information that affects students ' financial decisions. The principle emphasizes that borrowers are entitled to accurate representations regarding their loans. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ** : While originally about political representation, the ruling emphasized the principle of accountability in compliance with established laws, which can be applied to loan servicers who fail to meet federal and state regulations. \n\nXXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX. XXXX XXXX ) ** : This bankruptcy case underscores the need for loan servicers to adhere to disclosure requirements and emphasizes borrowers rights if they are misled or inadequately informed. \n\nTo provide further context, it is important to note that XXXX allegedly took over my loan in XXXX, while XXXX changed its name to XXXX in XXXX and subsequently closed in XXXX. During the period from XXXX to XXXX, I was making payments to XXXX, yet XXXX claims they had my loan and placed their name on the records with XXXX from XXXX before XXXX was involved. Additionally, the paperwork I received from XXXX in XXXX was lacking crucial information, including a lender number associated with a mortgage company based in Florida. There was no specific connection provided to validate my loan, and the consolidating loan information was not clearly included. \n\nFurthermore, there was a lawsuit that led to the shutdown of XXXX ( formerly known as XXXX XXXX due to poor handling of loans. Despite my attempts to gather appropriate documentation over the past XXXX years, I have not received adequate or legitimate information regarding my loan payments from XXXX to XXXX. My records do not reflect any evidence of payments, which is deeply concerning, especially since my loan was supposed to have a cap of 3 %. I also took out several forbearances and deferments, maximizing those options, but have received no clarity on my loan status or terms. \n\ni would like to reference the Borrower Defense to Repayment rule, codified under 34 C.F.R. 685.206, which provides critical protections for borrowers misled by their educational institutions or in cases of violations of applicable laws. This federal rule enables borrowers like myself to seek discharge of their loans when documentation is lacking or when servicers fail to comply with federal regulations. The case of *XXXX XXXX  U.S. Department of Education , XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) ** further illustrates the impact of ineffective loan servicing on borrowers, reinforcing the need for accountability in such situations. \nMoreover, I would like to draw your attention to the recent Senate Bill 19-002, designed to enhance transparency and accountability in the student loan servicing process. This legislation emphasizes that borrowers are entitled to loan discharge in cases where adequate documentation has not been maintained or provided upon request. This concept is further supported by XXXX XXXX XXXXXXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) **, which highlighted the significance of maintaining accurate records in the servicing of loans. \n\nThe Colorado Higher Education Statute ( C.R.S. 23-3.1-2003 ) delineates the responsibilities of both higher education institutions and loan servicers in maintaining accurate and verifiable records. This statute mandates that loan servicers ensure that all documentation related to loans is up-to-date and readily accessible to borrowers upon request. \n\nIn addition, the Federal Student Aid ( FSA ) guidelines explicitly require loan servicers to maintain and provide adequate documentation to validate loans. The principles established in **Auer v. Robbins , 51XXXX XXXX XXXX ( XXXX ) ** stress the importance of transparency and compliance with regulatory requirements in protecting borrower rights. \n\nFurthermore, the case oXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ( XXXX. XXXX. XXXX XXXX ) ** emphasizes that loan servicers must adhere to disclosure requirements. Failing to do so can constitute grounds for loan discharge, as every borrower has the right to clear and accurate information concerning their loans. \n\nGiven the above circumstances, including the serious implications of lacking the required documentation as noted in both case law and legislation, I kindly request that you initiate the discharge process for my loan. Taking this action will not only adhere to regulatory requirements but also uphold my rights as a borrower as exemplified by **In re : XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX. XXXX XXXX ) **, which underscores the necessity for loan servicers to comply with documentation mandates The absence of proper documentation raises serious concerns regarding the validity of this loan, leaving me feeling deceived and trapped. The stress and confusion that this lack of clarity has generated are profoundly alarming and unacceptable. As a result, I believe that I am entitled to not only the discharge of this loan but also compensation for the unnecessary distress it has caused me. \n\nXXXX relevant case is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX. XXXX ) **, which held that students have rights to accurate and accessible information related to their loans, emphasizing the importance of proper documentation in safeguarding borrower interests. \n\nAdditionally, in XXXX XXXX XXXX Dept. of EducXXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX the court underscored the importance of maintaining accurate records for the integrity of the loan servicing process. The ruling underlined that any failure to provide appropriate documentation could lead to adverse implications for the borrower. \n\nGiven these precedents and the serious implications of lacking the required documentation, I respectfully request that you initiate the discharge process for my loan. Not only will this action adhere to regulatory requirements, but it will also uphold my rights as a borrower, reinforcing the accountability highlighted in these significant cases. \nI urge you to consider the gravity of this situation. The ongoing uncertainty and the impact on my financial health make it imperative that this matter be resolved without further delay. Failure to address these serious concerns may compel me to pursue legal action to protect my rights and seek appropriate damages for the harm I have experienced.\n\nIn addition to the federal protections I've mentioned, Colorado state law provides several additional regulations that underscore my position. The Colorado Student Loan Servicer Licensing Act ( C.R.S. 12-60-1001 et seq. ) establishes rigorous standards for student loan servicers operating within the state. This law requires servicers, including XXXX and its predecessors, to maintain accurate records and provide clear and comprehensive information to borrowers. Failure to meet these obligations may constitute a violation of this Act. \n\nAnother crucial case is *XXXX XXXXXXXX U.S. Department of Education XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, where the court ruled that improper loan servicing practices, including inadequate record maintenance, can result in significant adverse outcomes for borrowers, reinforcing the need for accountability in loan management. \n\nIn light of these cases, which collectively emphasize the importance of accurate documentation and borrower protection, I kindly request that you initiate the discharge process for my loan. This action will not only comply with regulatory requirements but also uphold the rights established through binding legal precedent that underscores the necessity for transparency and accountability in the student loan servicing process. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) ** : In this case, the court emphasized that the failure of loan servicers to maintain proper documentation can undermine the borrower 's rights, allowing for potential discharge of the loan in light of inadequate servicing practices. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ** : The court ruled that borrowers deserve transparency in their loan terms and should be able to access accurate documentation. Lack of such documentation can lead to a presumption against the loan servicer regarding the validity of the debt. \n\nXXXX XXXX  XXXX. U.S. Department of Education XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ** : Here, the court acknowledged that borrowers may seek remedies when loan servicers fail to provide adequate and timely information about their loans, emphasizing the borrowers right to clarity and transparency. \n\nTo further reinforce my claim, I would like to include the following relevant case law : XXXX XXXX XXXX  U.S. Department of Education XXXX XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) ** : The court emphasized the importance of transparency in loan servicing, stating that a lack of proper documentation can constitute grounds for borrowers to seek relief under federal regulations. \n\nXXXX XXXX  XXXX U.S. Department of Education XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXXXXXX ) ** : This case highlighted the responsibilities of loan servicers to provide accurate and current documentation to borrowers, reinforcing the idea that failure to do so could result in significant legal repercussions. \n\nXXXX XXXX XXXX. U.S. Department of Education XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) ** : The court ruled in favor of the borrower based on inadequate documentation. This ruling demonstrated that borrowers are entitled to full disclosure and that the absence of documentation undermines the credibility of the loan. \n\nXXXX XXXX XXXX U.S. Department of Education XXXX XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX ) ** : This case reinforced the necessity of proper documentation for effective loan servicing, establishing that borrowers can seek discharge when lenders fail to provide the requisite information. \n\nXXXX XXXX XXXX has faced scrutiny regarding its handling of student loans dating back to XXXX. Due to persistent complaints, the Department of Education reassigned many loans to different servicers. Since the Department of Education owns Direct Loans, they have the authority to choose the loan servicer, and they opted to sever ties with XXXX. \n\nMore recently, the State of Massachusetts filed a lawsuit against XXXX, resulting in a settlement due to the company 's consistent failure to help students access appropriate repayment plans. For example, borrowers attempting to switch to income-based repayment plans were often incorrectly told by XXXX representatives that they could not, leaving them stuck in high-cost repayment plans they could not afford. \n\nFor borrowers frustrated with their loan servicer, online platforms serve as a rare outlet for expressing concerns. A comment from a borrower named XXXX from a year ago highlighted their dissatisfaction with the service, emphasizing that the situation has not improved since then.. \n\nXXXX XXXX XXXX, formerly XXXX XXXX XXXX, managed private, government, and campus-based student debt until it went out of business on XX/XX/XXXX. If your loans were managed by XXXX, heres what you need to know. \n\nXXXX acted as an intermediary between lenders and borrowers, handling billing, payments, payment plans, customer service, and reporting to credit bureaus. The company changed ownership several times, with XXXX becoming part of XXXX XXXX XXXX in XXXX after a series of acquisitions. \n\nBoth XXXX and XXXX faced multiple lawsuits and fines. Notably, in XXXX, Massachusetts fined XXXX {$2.00} XXXX for improper loan management. In XXXX, XXXX settled with the New York attorney general over complaints related to expensive loan options and incorrect payment applications. In XXXX, they settled with the Department of Education for providing false information. \n\nXXXX XXXX XXXX, previously operating as XXXX XXXX XXXX, was a firm that facilitated the management of private, government, and campus-based student debt. The company ceased operations on XX/XX/XXXX, resulting in the transfer of its loan portfolio to other servicing entities. This document outlines critical information regarding XXXX 's role, legal challenges, and important instructions for borrowers whose loans were previously managed by XXXX. \n\nXXXX*Company Background*XXXX XXXX operated as an intermediary between lenders and borrowers, providing essential services that included billing, payment processing, management of payment plans, customer service, and the reporting of loan information to credit bureaus. The company underwent several changes in ownership throughout its history ; it was acquired by XXXX in XXXX, subsequently becoming part of XXXX XXXX XXXX in XX/XX/XXXX. Following the termination of its contract with the Department of Education in XXXX, XXXX continued to manage select Federal Family Education Loans ( FFEL ), XXXX Loans, and private student loans. \n\nThese cases highlight the necessity of adequate communication and notification protocols when transitioning loan servicers. If you are facing issues with your loan servicer after a change, you may want to seek legal advice regarding your situation and potential remedies. \n\n\n# # # Legal Framework and Supporting Case Law XXXX XXXX XXXX U.S. Dept. of Education, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ** : Found that inadequate documentation provided by a loan servicing agency constituted grounds for a discharge of the borrower 's obligations. \n\nXXXX XXXX  XXXX. U.S. Dept. of Education, XXXX XXXX XXXX ( XXXX. XXXX. XXXX ) ** : Addressed the consequences for servicers when they fail to maintain accurate and complete records of borrower interactions and payment history. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ** This case establishes that agencies have discretion in enforcing regulations, which implies that loan servicers are required to provide notice and proper communication regarding changes to borrowers. If a borrower claims they did not receive a notice, it could raise questions about the servicers adherence to regulatory responsibilities. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX ( XXXX XXXX XXXX ) ** In matters of servicer changes, this case emphasizes the importance of transparent communication and documentation in the relationship between borrowers and loan servicers. If your servicer fails to inform you, it could potentially lead to disputes regarding the borrowers rights and obligations. \n\nXXXX XXXX XXXXXXXX U.S. Department of Education XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) ** This case underlines the need for federal entities to comply with notification procedures when managing federal loans. If a servicer changes without proper notice, it could prompt legal scrutiny under federal law. \n\nGiven the compounded emotional and financial distress caused by these ongoing issues, coupled with the absence of proper documentation, I respectfully request the immediate discharge of my student loan. This request includes consideration for compensation related to the distress experienced as a result of inadequate servicing and documentation. \n\nThank you for your attention to this matter. I look forward to your prompt response. \n\nI hope this letter finds you well. I am writing to formally request a discharge of my loan, [ Loan Number ], due to the failure to provide the original documentation that is required under our loan agreement. The absence of this critical documentation raises serious concerns regarding the validity and enforceability of my loan, and I believe it is crucial to address this issue promptly. \n\nAs a borrower of federal student loans, I am entitled to certain fundamental rights under federal law, including the right to receive complete, accurate documentation related to my loan. Specifically, under the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), borrowers are granted significant protections that ensure proper loan servicing and access to accurate information regarding the terms and conditions of their loans. The lack of original documents hampers my ability to understand the specifics of my loan obligations and hinders my rights as a borrower.\n\nIn addition, the Borrower Defense to Repayment rule, codified under 34 C.F.R. 685.206, provides critical protections for borrowers who may have been misled by their educational institutions or if there have been violations of applicable laws. This federal rule allows borrowers like myself to seek discharge of their loans when documentation is lacking or when servicers do not comply with federal regulations. \n\nFurthermore, I would like to draw your attention to the recent Senate Bill 19-002, which was enacted to enhance transparency and accountability in the student loan servicing process. This important legislation emphasizes the need for loan servicers to provide timely access to documentation and clearly outlines that borrowers are eligible for loan discharge if adequate documentation has not been maintained or provided upon request.\n\nAt the state level, the Colorado Student Loan Servicer Licensing Act ( C.R.S. 12-60-1001 et seq. ) establishes rigorous regulations for student loan servicers operating within Colorado. This law requires that servicers obtain a state license and adhere to strict consumer protection standards. Among these standards is the obligation to provide borrowers with clear, accurate, and comprehensive information about loan repayment options, terms, and obligations.\n\nAdditionally, the Colorado Higher Education Statute ( C.R.S. 23-3.1-2003 ) delineates the responsibilities of both higher education institutions and loan servicers in maintaining accurate and verifiable records. This statute mandates that loan servicers must ensure that all documentation related to loans is up-to-date and readily accessible to borrowers upon request, thus further protecting borrowers rights. \n\nMoreover, the Federal Student Aid ( FSA ) guidelines explicitly require loan servicers to maintain and provide adequate documentation to validate loans. These guidelines stress the importance of having original documents that reflect accurate loan terms, amounts, and borrower 's rightsessential information that enables borrowers to manage their loans effectively. \n\nGiven the above circumstances and the serious implications of lacking the required documentation, I kindly request that you initiate the discharge process for my loan. Taking this action will not only adhere to regulatory requirements but also uphold my rights as a borrower. \n\nI sincerely appreciate your attention to this pressing matter and look forward to your prompt response. Should you require any further information or additional documentation from my side to facilitate this process, please feel free to reach out to me directly at your convenience. \n\nThank you for your assistance. \nXXXX XXXXXXXX XXXX   Furthermore, I have never received a statement from any institution regarding my loan, balance, interest, paymetns etc... \n\n\nWhat I am entitled and not limited too ... ... A student loan agreement includes several important details that outline the terms and conditions of the loan. Here are the key components typically found in a student loan agreement : 1. **Borrower Information** : This includes the name, address, and contact information of the borrower.\n\n2. **Lender Information** : Details about the lender or loan servicer, including their contact information. \n\n3. **Loan Amount** : The total amount of money you are borrowing.\n\n4. **Interest Rate** : The percentage rate at which interest will accrue on the loan. This could be fixed or variable.\n\n5. **Loan Type** : Whether the loan is federal, private, subsidized, or unsubsidized.\n\n6. **Repayment Terms** : This section details the repayment schedule, including the length of the repayment period, monthly payment amounts, and due dates.\n\n7. **Grace Period** : Information about any grace period before repayments begin after you graduate, leave school, or drop below half-time enrollment.\n\n8. **Fees** : Any loan fees that may apply, such as origination fees or late payment fees. \n\n9. **Disbursement Information** : Describes how and when the loan funds will be disbursed to you or your school.\n\n10. **Deferment and Forbearance Options** : Information on options for postponing payments without penalty under certain circumstances.\n\n11. **Default Consequences** : The implications of failing to meet your repayment obligations, including potential damage to your credit score and collections actions.\n\n12. **Consumer Rights** : A summary of your rights as a borrower, including the right to receive disclosures and the right to ask questions.\n\n13. **Signatures** : Places for you and possibly a cosigner to sign, confirming agreement to the terms of the loan.\n\nA disclosure agreement for a student loan, often referred to as a \" Loan Disclosure Statement, '' provides important information about the terms and conditions of the loan. Heres what you can typically find in a student loan disclosure agreement : 1. **Loan Information** : - **Loan Amount** : The total amount you are borrowing.\n\n- **Interest Rate** : The percentage charged on the principal amount, which can be fixed or variable.\n\n2. **Repayment Terms** : - **Repayment Period** : The length of time you will have to repay the loan.\n\n- **Monthly Payment Amount** : The estimated amount you will need to pay each month.\n\n- **First Payment Due Date** : The date when your first payment is expected.\n\n3. **Loan Fees** : - **Origination Fees** : Any fees charged for processing the loan.\n\n- **Late Payment Fees** : Fees that may apply if you do not make your payments on time.\n\n4. **Total Cost of the Loan** : - **Total Interest Paid** : An estimate of the total interest you will pay over the life of the loan.\n\n- **Total Amount That Will Be Repaid** : The total of the loan amount plus interest and fees.\n\n5. **Promissory Note** : Information indicating that you agree to repay the loan as outlined in the document. ORIGINAL WHAT I HAVE IS NOT MY INFO AND IT IS NOT FILLED OUT, I HAVE ALWAYS WORKED 2 JOBS EVEN WHEN I WAS IN SCHOOL I WORKED FULL TIME, I NEVER WAS WITHOUT A JOB 6. **Grace Period** : Details about the time period after you graduate or leave school during which you are not required to make payments.\n\n7. **Deferment and Forbearance Options** : Information on options to temporarily postpone or reduce payments if you encounter financial hardship.\n\n8. **Prepayment Options** : Information on whether you can pay off your loan early without penalties.\n\n9. **Contact Information** : Details on how to reach the lender or loan servicer for questions or assistance.\n\n10. **Borrower Rights** : Summary of your rights as a borrower, including the right to receive clear information and assistance if needed.\n\nUnderstanding the details in the disclosure agreement can help you make informed decisions about borrowing and repayment. If you have any questions about the specifics of your loan disclosure, its a good idea to contact your lender or financial aid office for clarification.\n\nWhen you fill out a student loan application, you should expect to receive several key documents : 1. **Loan Agreement** : This is the most important document. It outlines the terms of the loan, including the amount borrowed, interest rate, repayment schedule, and any fees involved.\n\n2. **Disclosure Statement** : This document provides details about the loan, including total loan costs and the estimated monthly payment amount. It helps you understand the financial implications of the loan.\n\n3. **Promissory Note** : You will sign this legal document that binds you to repay the loan according to the agreed terms. It may contain specific conditions of the loan and details about deferment and cancellation options.\n\nAs for tracking payments and interest, lenders typically maintain records in several ways","date_sent_to_company":"2025-03-09T20:35:37.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"496XX","tags":null,"has_narrative":true,"complaint_id":"12388263","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ECMC GROUP, INC.","date_received":"2025-03-09T20:20:04.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Don't agree with the fees charged"},"highlight":{"complaint_what_happened":["XXXX XXXX ) ** : This <em>bankruptcy</em> case underscores the need for loan servicers to adhere to disclosure requirements and emphasizes borrowers rights if they are misled or inadequately informed. \n\nTo provide further context, it is important to note that XXXX allegedly took over my loan in XXXX, while XXXX <em>changed</em> its name to XXXX in XXXX and subsequently closed in XXXX."]},"sort":[8.018979,"12388263"]},{"_index":"complaint-public-v1","_id":"9942234","_score":7.170949,"_source":{"product":"Credit card","complaint_what_happened":"This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Anysellerwho has taken or received an open endconsumer credit contractbefore XX/XX/XXXX, shall be exempt from the requirements of16 CFR part 433with respect to suchcontractprovided thecontractdoes not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full. \nAccording to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to acreditorin excess of the total balance due on an account, ( 2 ) rebates of unearnedfinance chargesor insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by thecreditorand can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act ofCongress, and canceledUnited Statesstamps. I am well aware that we are playing the game of Bankruptcy. All creditors have discharge all debts by way of cancellation of debt due to Bankruptcy. This is also stated in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in XXXX currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to customers from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308. I have pulled every XXXX, XXXX, prospectus, servicing and pooling agreement, and every trust indenture. I am aware that every company has transferred there rights, titles, interest, in and to such receivables and/or collateral certificates, all recoveries with respect thereto, all monies due or to become due and all amounts received with respect thereto and all proceeds thereof and any Insurance Proceeds related thereto to the Trustee and Trust. I have noted that all companies effectively have created these Trust off of the funds ( receivables ) that I send on each respective account and are then deposited as Trust assets and added to Financial balance sheets as assets of the company. It appears that all creditors has transitioned my account status from receivables to account payable, effectively making an investor without our explicit consent. Which lacks fair and honest disclosure. Ive given unconditional consideration to each tendered instrument. Yet your company never gave any Value to the transaction. I refuse to all you and your said company to rape and pillage my estate!! THIS WILL NO LONGER BE TOLERATED. Cease and Desist any act that may be in violation of the Gram-Leach Bailey Act, Cease and Desist any activity that may be in violation for the FDIC, Cease and Desist any act that may in violation with the Securities Transfer Act, Cease and Desist any act that may be in violation with the CFPB, FCRA, and TILA, Cease and Desist any act that may be in violation of the Dobb-Frank Act, Cease and Desist any act that may be in violation of the OCC, Cease and Desist any act that may be in violation of the Securities act of 1933 and 1939, Cease and Desist any act that may be in violation of the Indenture Trust act of 1939, Cease and Desist any act that may be in violation of the Equal Credit Opportunity act, Cease and Desist any act that may be in violation of the Fair debt collection practices act, Cease and Desist any act that may be in violation of the trading with the enemies act of 1933, Cease and Desist any act that may be in violation of HJR 192, and Cease and Desist any act that may be in violation of the Emergency banking Act. Cease and Desist reporting account as disputed per the law 15 usc 1681 3 ( E ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with who he is acquainted or who may have knowledge concerning any such item of information such info shall not include specific factual information on consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information is obtained. Cease and Desist any and all forms of communication and debt collection practices with the consumer that is not related to my remedy. Cease and Desist all adverse action. Your company has failed to disclose material disclosures according to according to 15 usc 1602. And continues to be in breach of 15 usc 1692 ( a ). Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as insection 1691 ( d ) ( 6 ) of this title; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of amount of, existing or applied for. 12 CFR - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) Providing my non-public personal information without my consent. 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any non-affiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. All of 15 USC 1602 Definitions Rules of Construction clearly defines the roles between the two parties involved and who is extending the line of credit! 12 CFR 1002.2 DEFINITIONS ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act ) ( e ) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7 ( d ), the term includes guarantors, sureties, endorsers, and similar parties. ( i ) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. Just as your Indentured Agreement states and prospectus states who is obligated. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. I provided my social security and ID number as an instrument to secure this transaction granting your company access to my cesti que vie trust. In addition to this I tendered an instrument ( security ) which also secured this credit transaction as well. 12 CFR 1002.2 ( q ) Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to any existing credit or credit limit ; credit granted pursuant to an open-end credit plan ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). ( 2 ) The term does not include : ( i ) A change in the terms of an account expressly agreed to by an applicant ; make any. You providing my non-public person information to XXXX, XXXX, XXXX, XXXX and XXXX XXXX is a violation of my rights to privacy per XXXX XXXX code XXXX and the Privacy Act of XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX, XXXX, XXXX and XXXX are nothing more than data furnishers, whom are also securitizing and selling my data for profit which which makes me an investor also which each of these agencies. Congress states that these agencies XXXX, XXXX, XXXX and XXXX has assumed the role of credit reporting agencies they are not the BUREAU and they certainly are not CREDIT BUREAUS. Congress states that there is only one Bureau. The Term Bureau according to the law 15 usc 1692 ( A ) ( 1 ) means the Consumer Financial Protection Bureau. Providing my information to XXXX, XXXX, XXXX and XXXX is a direct violation of the privacy act of 1974 and 5 usc 522a. I HEREBY CLAIM ANY AND ALL ( PAST, CURRENT and FUTURE ) interest in all monies, instruments, securities, documents, certificates of deposit and other property on deposit from time to time in the Collection Account and in all proceeds, earnings, income, revenue, dividends and distributions thereof for the benefit of the Certificateholder. I AM THE CERTIFICATEHOLDER, AND REFUTING OBLIGATIONS OF THIS PRESENTMENTS FROM ALL CREDITOR UNDER UCC 3-306. I ACT IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKE MY ABILITY TO PAY THESE PRESENTMENTS UNDER UCC 3-302. I REFUSING TO TENDER PAYMENT ON THESE NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER HJR 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I EXERCISE MY RIGHT TO REQUEST A DISCHARGE OF ALL PRESENTMENTS UNDER UCC 3-601, 3-603, 3-604. I EXPECT ALL CREDITORS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE UNFIORM COMMERCIAL CODE IN ACCORDANCE WITH UCC 1-304. NOTICE OF COPYRIGHT HAS BEEN ATTACHED TO THIS CLAIM for royalties of usage of the name XXXX XXXX XXXX and any and all derivates of the name and defamation of character. Failure to comply will result in a suit in equity being filed in chancery court, A complaint may be submitted to the Federal Court, OCC, FDIC, SEC, XXXX, FTC, Cyber Crimes Bureau, the Attorney General in California and the IRS for tax evasion, Appropriate OMB forms being filed. A Form 211 may also be filed with the IRS. A Forensic Audit may also be conducted on the account.","date_sent_to_company":"2024-08-28T19:02:52.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9942234","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2024-08-28T18:07:48.000Z","state":"CA","company_public_response":null,"sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I am well aware that we are playing the game of <em>Bankruptcy</em>. All creditors have discharge all debts by way of cancellation of debt due to <em>Bankruptcy</em>. This is also <em>stated</em> in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in XXXX currency is against the public policy."]},"sort":[7.170949,"9942234"]},{"_index":"complaint-public-v1","_id":"9946473","_score":6.762733,"_source":{"product":"Credit card","complaint_what_happened":"This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full. According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( XXXX ) transmittal of funds to a creditor in excess of the total balance due on an account, ( XXXX ) rebates of unearned finance charges or insurance premiums, or ( XXXX ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, XXXX XXXX  currency XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceledUnited StatesXXXX. I am well aware that we are playing the game of Bankruptcy. All creditors have discharge all debts by way of cancellation of debt due to Bankruptcy. This is also stated in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in XXXX currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to customers from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308. I have pulled every XXXX, XXXX, prospectus, servicing and pooling agreement, and every trust indenture. I am aware that every company has transferred there rights, titles, interest, in and to such receivables and/or collateral certificates, all recoveries with respect thereto, all monies due or to become due and all amounts received with respect thereto and all proceeds thereof and any Insurance Proceeds related thereto to the Trustee and XXXX. I have noted that all companies effectively have created these XXXX off of the funds ( receivables ) that I send on each respective account and are then deposited as XXXX assets and added to Financial balance sheets as assets of the company. It appears that all creditors has transitioned my account status from receivables to account payable, effectively making an investor without our explicit consent. Which lacks fair and honest disclosure. Ive given unconditional consideration to each tendered instrument. Yet your company never gave any Value to the transaction. I refuse to all you and your said company to XXXX and pillage my estate!! THIS WILL NO LONGER BE TOLERATED. Cease and Desist any act that may be in violation of the Gram-Leach Bailey Act, Cease and Desist any activity that may be in violation for the FDIC, Cease and Desist any act that may in violation with the Securities Transfer Act, Cease and Desist any act that may be in violation with the CFPB, FCRA, and TILA, Cease and Desist any act that may be in violation of the Dobb-Frank Act, Cease and Desist any act that may be in violation of the OCC, Cease and Desist any act that may be in violation of the Securities act of 1933 and 1939, Cease and Desist any act that may be in violation of the Indenture Trust act of 1939, Cease and Desist any act that may be in violation of the Equal Credit Opportunity act, Cease and Desist any act that may be in violation of the Fair debt collection practices act, Cease and Desist any act that may be in violation of the trading with the enemies act of 1933, Cease and Desist any act that may be in violation of HJR 192, and Cease and Desist any act that may be in violation of the Emergency banking Act. Cease and Desist reporting account as disputed per the law 15 usc 1681 3 ( E ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with who he is acquainted or who may have knowledge concerning any such item of information such info shall not include specific factual information on consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information is obtained. Cease and Desist any and all forms of communication and debt collection practices with the consumer that is not related to my remedy. Cease and Desist all adverse action. Your company has failed to disclose material disclosures according to according to 15 usc 1602. And continues to be in breach of 15 usc 1692 ( a ). Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of amount of, existing or applied for. 12 CFR - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) Providing my non-public personal information without my consent. 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( XXXX ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( XXXX ) of this section; and ( XXXX ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any non-affiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. All of 15 USC 1602 Definitions Rules of Construction clearly defines the roles between the two parties involved and who is extending the line of credit! 12 CFR 1002.2 DEFINITIONS ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act ) ( e ) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7 ( d ), the term includes guarantors, sureties, endorsers, and similar parties. ( i ) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. Just as your Indentured Agreement states and prospectus states who is obligated. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. I provided my social security and ID number as an instrument to secure this transaction granting your company access to my cesti que vie trust. In addition to this I tendered an instrument ( security ) which also secured this credit transaction as well. 12 CFR 1002.2 ( q ) Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to any existing credit or credit limit ; credit granted pursuant to an open-end credit plan ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). ( 2 ) The term does not include : ( i ) A change in the terms of an account expressly agreed to by an applicant ; make any. You providing my non-public person information to XXXX, XXXX, XXXX, XXXX and XXXX XXXX is a violation of my rights to privacy per 15 US code 1681 and the Privacy Act of 1974 5 usc 522a. XXXX, XXXX XXXX, XXXX, XXXX and XXXX are nothing more than data furnishers, whom are also securitizing and selling my data for profit which which makes me an investor also which each of these agencies. Congress states that these agencies XXXX, XXXX, XXXX and XXXX has assumed the role of credit reporting agencies they are not the BUREAU and they certainly are not CREDIT BUREAUS. Congress states that there is only one Bureau. The Term Bureau according to the law 15 usc 1692 ( A ) ( 1 ) means the Consumer Financial Protection Bureau. Providing my information to XXXX, XXXX, XXXX and XXXX is a direct violation of the privacy act of 1974 and 5 usc 522a. I HEREBY CLAIM ANY AND ALL ( PAST, CURRENT and FUTURE ) interest in all monies, instruments, securities, documents, certificates of deposit and other property on deposit from time to time in the Collection Account and in all proceeds, earnings, income, revenue, dividends and distributions thereof for the benefit of the Certificateholder. I AM THE CERTIFICATEHOLDER, AND REFUTING OBLIGATIONS OF THIS PRESENTMENTS FROM ALL CREDITOR UNDER UCC 3-306. I ACT IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKE MY ABILITY TO PAY THESE PRESENTMENTS UNDER UCC 3-302. I REFUSING TO TENDER PAYMENT ON THESE NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER HJR 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I EXERCISE MY RIGHT TO REQUEST A DISCHARGE OF ALL PRESENTMENTS UNDER UCC 3-601, 3-603, 3-604. I EXPECT ALL CREDITORS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE UNFIORM COMMERCIAL CODE IN ACCORDANCE WITH UCC 1-304. NOTICE OF COPYRIGHT HAS BEEN ATTACHED TO THIS CLAIM for royalties of usage of the name XXXX XXXX XXXX and any and all derivates of the name and defamation of character. Failure to comply will result in a suit in equity being filed in chancery court, A complaint may be submitted to the Federal Court, OCC, FDIC, SEC, FINRA, FTC, XXXX XXXX XXXX, the Attorney General in California and the IRS for tax evasion, Appropriate XXXX forms being filed. A Form XXXX may also be filed with the IRS. A XXXX XXXX may also be conducted on the account.","date_sent_to_company":"2024-08-28T19:31:44.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9946473","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"GOLDMAN SACHS BANK USA","date_received":"2024-08-28T19:28:15.000Z","state":"CA","company_public_response":null,"sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I am well aware that we are playing the game of <em>Bankruptcy</em>. All creditors have discharge all debts by way of cancellation of debt due to <em>Bankruptcy</em>. This is also <em>stated</em> in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in XXXX currency is against the public policy."]},"sort":[6.762733,"9946473"]},{"_index":"complaint-public-v1","_id":"9942490","_score":6.2226887,"_source":{"product":"Credit card","complaint_what_happened":"This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full. According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceledUnited Statesstamps. I am well aware that we are playing the game of Bankruptcy. All creditors have discharge all debts by way of cancellation of debt due to Bankruptcy. This is also stated in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in fiat currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to customers from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308. I have pulled every XXXX, XXXX, prospectus, servicing and pooling agreement, and every trust indenture. I am aware that every company has transferred there rights, titles, interest, in and to such receivables and/or collateral certificates, all recoveries with respect thereto, all monies due or to become due and all amounts received with respect thereto and all proceeds thereof and any Insurance Proceeds related thereto to the Trustee and Trust. I have noted that all companies effectively have created these Trust off of the funds ( receivables ) that I send on each respective account and are then deposited as Trust assets and added to Financial balance sheets as assets of the company. It appears that all creditors has transitioned my account status from receivables to account payable, effectively making an investor without our explicit consent. Which lacks fair and honest disclosure. Ive given unconditional consideration to each tendered instrument. Yet your company never gave any Value to the transaction. I refuse to all you and your said company to XXXX and pillage my estate!! THIS WILL NO LONGER BE TOLERATED. Cease and Desist any act that may be in violation of the Gram-Leach Bailey Act, Cease and Desist any activity that may be in violation for the FDIC, Cease and Desist any act that may in violation with the Securities Transfer Act, Cease and Desist any act that may be in violation with the CFPB, FCRA, and TILA, Cease and Desist any act that may be in violation of the Dobb-Frank Act, Cease and Desist any act that may be in violation of the OCC, Cease and Desist any act that may be in violation of the Securities act of 1933 and 1939, Cease and Desist any act that may be in violation of the Indenture Trust act of 1939, Cease and Desist any act that may be in violation of the Equal Credit Opportunity act, Cease and Desist any act that may be in violation of the Fair debt collection practices act, Cease and Desist any act that may be in violation of the trading with the enemies act of 1933, Cease and Desist any act that may be in violation of HJR 192, and Cease and Desist any act that may be in violation of the Emergency banking Act. Cease and Desist reporting account as disputed per the law 15 usc 1681 3 ( E ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with who he is acquainted or who may have knowledge concerning any such item of information such info shall not include specific factual information on consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information is obtained. Cease and Desist any and all forms of communication and debt collection practices with the consumer that is not related to my remedy. Cease and Desist all adverse action. Your company has failed to disclose material disclosures according to according to 15 usc 1602. And continues to be in breach of 15 usc 1692 ( a ). Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of amount of, existing or applied for. 12 CFR - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) Providing my non-public personal information without my consent. 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any non-affiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. All of 15 USC 1602 Definitions Rules of Construction clearly defines the roles between the two parties involved and who is extending the line of credit! 12 CFR 1002.2 DEFINITIONS ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act ) ( e ) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7 ( d ), the term includes guarantors, sureties, endorsers, and similar parties. ( i ) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. Just as your Indentured Agreement states and prospectus states who is obligated. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. I provided my social security and ID number as an instrument to secure this transaction granting your company access to my cesti que vie trust. In addition to this I tendered an instrument ( security ) which also secured this credit transaction as well. 12 CFR 1002.2 ( q ) Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to any existing credit or credit limit ; credit granted pursuant to an open-end credit plan ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). ( 2 ) The term does not include : ( i ) A change in the terms of an account expressly agreed to by an applicant ; make any. You providing my non-public person information to XXXX, XXXX, XXXX, XXXX and XXXX XXXX is a violation of my rights to privacy per 15 US code 1681 and the Privacy Act of 1974 5 usc 522a. XXXX, XXXX XXXX, XXXX, XXXX and XXXX are nothing more than data furnishers, whom are also securitizing and selling my data for profit which which makes me an investor also which each of these agencies. Congress states that these agencies XXXX, XXXX, XXXX and XXXX has assumed the role of credit reporting agencies they are not the BUREAU and they certainly are not CREDIT BUREAUS. Congress states that there is only one Bureau. The Term Bureau according to the law 15 usc 1692 ( A ) ( 1 ) means the Consumer Financial Protection Bureau. Providing my information to XXXX, XXXX, XXXX and XXXX is a direct violation of the privacy act of 1974 and 5 usc 522a. I HEREBY CLAIM ANY AND ALL ( PAST, CURRENT and FUTURE ) interest in all monies, instruments, securities, documents, certificates of deposit and other property on deposit from time to time in the Collection Account and in all proceeds, earnings, income, revenue, dividends and distributions thereof for the benefit of the Certificateholder. I AM THE CERTIFICATEHOLDER, AND REFUTING OBLIGATIONS OF THIS PRESENTMENTS FROM ALL CREDITOR UNDER UCC 3-306. I ACT IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKE MY ABILITY TO PAY THESE PRESENTMENTS UNDER UCC 3-302. I REFUSING TO TENDER PAYMENT ON THESE NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER HJR 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I EXERCISE MY RIGHT TO REQUEST A DISCHARGE OF ALL PRESENTMENTS UNDER UCC 3-601, 3-603, 3-604. I EXPECT ALL CREDITORS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE UNFIORM COMMERCIAL CODE IN ACCORDANCE WITH UCC 1-304. NOTICE OF COPYRIGHT HAS BEEN ATTACHED TO THIS CLAIM for royalties of usage of the name XXXX XXXX XXXX and any and all derivates of the name and defamation of character. Failure to comply will result in a suit in equity being filed in XXXX XXXX, A complaint may be submitted to the Federal Court, OCC, FDIC, SEC, FINRA, FTC, Cyber Crimes Bureau, the Attorney General in California and the IRS for tax evasion, Appropriate OMB forms being filed. A Form 211 may also be filed with the IRS. A Forensic Audit may also be conducted on the account.","date_sent_to_company":"2024-08-28T22:57:36.000Z","issue":"Other features, terms, or problems","sub_product":"Store credit card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9942490","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2024-08-28T22:52:34.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I am well aware that we are playing the game of <em>Bankruptcy</em>. All creditors have discharge all debts by way of cancellation of debt due to <em>Bankruptcy</em>. This is also <em>stated</em> in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in fiat currency is against the public policy."]},"sort":[6.2226887,"9942490"]},{"_index":"complaint-public-v1","_id":"9946474","_score":6.220814,"_source":{"product":"Credit card","complaint_what_happened":"This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full. According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceledUnited Statesstamps. I am well aware that we are playing the game of Bankruptcy. All creditors have discharge all debts by way of cancellation of debt due to Bankruptcy. This is also stated in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in fiat currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to customers from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308. I have pulled every XXXX, XXXX, prospectus, servicing and pooling agreement, and every trust indenture. I am aware that every company has transferred there rights, titles, interest, in and to such receivables and/or collateral certificates, all recoveries with respect thereto, all monies due or to become due and all amounts received with respect thereto and all proceeds thereof and any Insurance Proceeds related thereto to the Trustee and Trust. I have noted that all companies effectively have created these Trust off of the funds ( receivables ) that I send on each respective account and are then deposited as Trust assets and added to Financial balance sheets as assets of the company. It appears that all creditors has transitioned my account status from receivables to account payable, effectively making an investor without our explicit consent. Which lacks fair and honest disclosure. Ive given unconditional consideration to each tendered instrument. Yet your company never gave any Value to the transaction. I refuse to all you and your said company to XXXX and pillage my estate!! THIS WILL NO LONGER BE TOLERATED. Cease and Desist any act that may be in violation of the Gram-Leach Bailey Act, Cease and Desist any activity that may be in violation for the FDIC, Cease and Desist any act that may in violation with the Securities Transfer Act, Cease and Desist any act that may be in violation with the CFPB, FCRA, and TILA, Cease and Desist any act that may be in violation of the Dobb-Frank Act, Cease and Desist any act that may be in violation of the OCC, Cease and Desist any act that may be in violation of the Securities act of 1933 and 1939, Cease and Desist any act that may be in violation of the Indenture Trust act of 1939, Cease and Desist any act that may be in violation of the Equal Credit Opportunity act, Cease and Desist any act that may be in violation of the Fair debt collection practices act, Cease and Desist any act that may be in violation of the trading with the enemies act of 1933, Cease and Desist any act that may be in violation of HJR 192, and Cease and Desist any act that may be in violation of the Emergency banking Act. Cease and Desist reporting account as disputed per the law 15 usc 1681 3 ( E ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with who he is acquainted or who may have knowledge concerning any such item of information such info shall not include specific factual information on consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information is obtained. Cease and Desist any and all forms of communication and debt collection practices with the consumer that is not related to my remedy. Cease and Desist all adverse action. Your company has failed to disclose material disclosures according to according to 15 usc 1602. And continues to be in breach of 15 usc 1692 ( a ). Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of amount of, existing or applied for. 12 CFR - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) Providing my non-public personal information without my consent. 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any non-affiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. All of 15 USC 1602 Definitions Rules of Construction clearly defines the roles between the two parties involved and who is extending the line of credit! 12 CFR 1002.2 DEFINITIONS ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act ) ( e ) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7 ( d ), the term includes guarantors, sureties, endorsers, and similar parties. ( i ) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. Just as your Indentured Agreement states and prospectus states who is obligated. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. I provided my social security and ID number as an instrument to secure this transaction granting your company access to my cesti que vie trust. In addition to this I tendered an instrument ( security ) which also secured this credit transaction as well. 12 CFR 1002.2 ( q ) Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to any existing credit or credit limit ; credit granted pursuant to an open-end credit plan ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). ( 2 ) The term does not include : ( i ) A change in the terms of an account expressly agreed to by an applicant ; make any. You providing my non-public person information to XXXX, XXXX, XXXX, XXXX and XXXX XXXX is a violation of my rights to privacy per 15 US code 1681 and the Privacy Act of 1974 5 usc 522a. XXXX, XXXX XXXX, XXXX, XXXX and XXXX are nothing more than data furnishers, whom are also securitizing and selling my data for profit which which makes me an investor also which each of these agencies. Congress states that these agencies XXXX, XXXX, XXXX and XXXX has assumed the role of credit reporting agencies they are not the BUREAU and they certainly are not CREDIT BUREAUS. Congress states that there is only one Bureau. The Term Bureau according to the law 15 usc 1692 ( A ) ( 1 ) means the Consumer Financial Protection Bureau. Providing my information to XXXX, XXXX, XXXX and XXXX is a direct violation of the privacy act of 1974 and 5 usc 522a. I HEREBY CLAIM ANY AND ALL ( PAST, CURRENT and FUTURE ) interest in all monies, instruments, securities, documents, certificates of deposit and other property on deposit from time to time in the Collection Account and in all proceeds, earnings, income, revenue, dividends and distributions thereof for the benefit of the Certificateholder. I AM THE CERTIFICATEHOLDER, AND REFUTING OBLIGATIONS OF THIS PRESENTMENTS FROM ALL CREDITOR UNDER UCC 3-306. I ACT IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKE MY ABILITY TO PAY THESE PRESENTMENTS UNDER UCC 3-302. I REFUSING TO TENDER PAYMENT ON THESE NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER HJR 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I EXERCISE MY RIGHT TO REQUEST A DISCHARGE OF ALL PRESENTMENTS UNDER UCC 3-601, 3-603, 3-604. I EXPECT ALL CREDITORS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE UNFIORM COMMERCIAL CODE IN ACCORDANCE WITH UCC 1-304. NOTICE OF COPYRIGHT HAS BEEN ATTACHED TO THIS CLAIM for royalties of usage of the name XXXX XXXX XXXX and any and all derivates of the name and defamation of character. Failure to comply will result in a suit in equity being filed in XXXX XXXX, A complaint may be submitted to the Federal Court, OCC, FDIC, SEC, FINRA, FTC, Cyber Crimes Bureau, the Attorney General in California and the IRS for tax evasion, Appropriate OMB forms being filed. A Form 211 may also be filed with the IRS. A Forensic Audit may also be conducted on the account.","date_sent_to_company":"2024-08-28T19:27:05.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9946474","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2024-08-28T19:22:03.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I am well aware that we are playing the game of <em>Bankruptcy</em>. All creditors have discharge all debts by way of cancellation of debt due to <em>Bankruptcy</em>. This is also <em>stated</em> in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in fiat currency is against the public policy."]},"sort":[6.220814,"9946474"]},{"_index":"complaint-public-v1","_id":"9942444","_score":6.220814,"_source":{"product":"Credit card","complaint_what_happened":"This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full. According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceledUnited Statesstamps. I am well aware that we are playing the game of Bankruptcy. All creditors have discharge all debts by way of cancellation of debt due to Bankruptcy. This is also stated in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in fiat currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to customers from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308. I have pulled every XXXX, XXXX, prospectus, servicing and pooling agreement, and every trust indenture. I am aware that every company has transferred there rights, titles, interest, in and to such receivables and/or collateral certificates, all recoveries with respect thereto, all monies due or to become due and all amounts received with respect thereto and all proceeds thereof and any Insurance Proceeds related thereto to the Trustee and Trust. I have noted that all companies effectively have created these Trust off of the funds ( receivables ) that I send on each respective account and are then deposited as Trust assets and added to Financial balance sheets as assets of the company. It appears that all creditors has transitioned my account status from receivables to account payable, effectively making an investor without our explicit consent. Which lacks fair and honest disclosure. Ive given unconditional consideration to each tendered instrument. Yet your company never gave any Value to the transaction. I refuse to all you and your said company to XXXX and pillage my estate!! THIS WILL NO LONGER BE TOLERATED. Cease and Desist any act that may be in violation of the Gram-Leach Bailey Act, Cease and Desist any activity that may be in violation for the FDIC, Cease and Desist any act that may in violation with the Securities Transfer Act, Cease and Desist any act that may be in violation with the CFPB, FCRA, and TILA, Cease and Desist any act that may be in violation of the Dobb-Frank Act, Cease and Desist any act that may be in violation of the OCC, Cease and Desist any act that may be in violation of the Securities act of 1933 and 1939, Cease and Desist any act that may be in violation of the Indenture Trust act of 1939, Cease and Desist any act that may be in violation of the Equal Credit Opportunity act, Cease and Desist any act that may be in violation of the Fair debt collection practices act, Cease and Desist any act that may be in violation of the trading with the enemies act of 1933, Cease and Desist any act that may be in violation of HJR 192, and Cease and Desist any act that may be in violation of the Emergency banking Act. Cease and Desist reporting account as disputed per the law 15 usc 1681 3 ( E ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with who he is acquainted or who may have knowledge concerning any such item of information such info shall not include specific factual information on consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information is obtained. Cease and Desist any and all forms of communication and debt collection practices with the consumer that is not related to my remedy. Cease and Desist all adverse action. Your company has failed to disclose material disclosures according to according to 15 usc 1602. And continues to be in breach of 15 usc 1692 ( a ). Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of amount of, existing or applied for. 12 CFR - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) Providing my non-public personal information without my consent. 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any non-affiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. All of 15 USC 1602 Definitions Rules of Construction clearly defines the roles between the two parties involved and who is extending the line of credit! 12 CFR 1002.2 DEFINITIONS ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act ) ( e ) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7 ( d ), the term includes guarantors, sureties, endorsers, and similar parties. ( i ) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. Just as your Indentured Agreement states and prospectus states who is obligated. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. I provided my social security and ID number as an instrument to secure this transaction granting your company access to my cesti que vie trust. In addition to this I tendered an instrument ( security ) which also secured this credit transaction as well. 12 CFR 1002.2 ( q ) Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to any existing credit or credit limit ; credit granted pursuant to an open-end credit plan ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). ( 2 ) The term does not include : ( i ) A change in the terms of an account expressly agreed to by an applicant ; make any. You providing my non-public person information to XXXX, XXXX, XXXX, XXXX and XXXX XXXX is a violation of my rights to privacy per 15 US code 1681 and the Privacy Act of 1974 5 usc 522a. XXXX, XXXX XXXX, XXXX, XXXX and XXXX are nothing more than data furnishers, whom are also securitizing and selling my data for profit which which makes me an investor also which each of these agencies. Congress states that these agencies XXXX, XXXX, XXXX and XXXX has assumed the role of credit reporting agencies they are not the BUREAU and they certainly are not CREDIT BUREAUS. Congress states that there is only one Bureau. The Term Bureau according to the law 15 usc 1692 ( A ) ( 1 ) means the Consumer Financial Protection Bureau. Providing my information to XXXX, XXXX, XXXX and XXXX is a direct violation of the privacy act of 1974 and 5 usc 522a. I HEREBY CLAIM ANY AND ALL ( PAST, CURRENT and FUTURE ) interest in all monies, instruments, securities, documents, certificates of deposit and other property on deposit from time to time in the Collection Account and in all proceeds, earnings, income, revenue, dividends and distributions thereof for the benefit of the Certificateholder. I AM THE CERTIFICATEHOLDER, AND REFUTING OBLIGATIONS OF THIS PRESENTMENTS FROM ALL CREDITOR UNDER UCC 3-306. I ACT IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKE MY ABILITY TO PAY THESE PRESENTMENTS UNDER UCC 3-302. I REFUSING TO TENDER PAYMENT ON THESE NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER HJR 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I EXERCISE MY RIGHT TO REQUEST A DISCHARGE OF ALL PRESENTMENTS UNDER UCC 3-601, 3-603, 3-604. I EXPECT ALL CREDITORS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE UNFIORM COMMERCIAL CODE IN ACCORDANCE WITH UCC 1-304. NOTICE OF COPYRIGHT HAS BEEN ATTACHED TO THIS CLAIM for royalties of usage of the name XXXX XXXX XXXX and any and all derivates of the name and defamation of character. Failure to comply will result in a suit in equity being filed in XXXX XXXX, A complaint may be submitted to the Federal Court, OCC, FDIC, SEC, FINRA, FTC, Cyber Crimes Bureau, the Attorney General in California and the IRS for tax evasion, Appropriate OMB forms being filed. A Form 211 may also be filed with the IRS. A Forensic Audit may also be conducted on the account.","date_sent_to_company":"2024-08-28T23:10:59.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9942444","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2024-08-28T23:01:28.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I am well aware that we are playing the game of <em>Bankruptcy</em>. All creditors have discharge all debts by way of cancellation of debt due to <em>Bankruptcy</em>. This is also <em>stated</em> in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in fiat currency is against the public policy."]},"sort":[6.220814,"9942444"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":14,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":14}]}},"product":{"doc_count":14,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage","doc_count":8,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other type of mortgage","doc_count":5},{"key":"Conventional home mortgage","doc_count":3}]}},{"key":"Credit card","doc_count":5,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":4},{"key":"Store credit card","doc_count":1}]}},{"key":"Student loan","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Federal student loan servicing","doc_count":1}]}}]}},"issue":{"doc_count":14,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Struggling to pay mortgage","doc_count":7,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure","doc_count":2},{"key":"Foreclosure","doc_count":1}]}},{"key":"Other features, terms, or problems","doc_count":5,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other problem","doc_count":5}]}},{"key":"Dealing with your lender or servicer","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Don't agree with the fees charged","doc_count":1}]}},{"key":"Trouble during payment process","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}}]}},"timely":{"doc_count":14,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":13},{"key":"No","doc_count":1}]}},"company_response":{"doc_count":14,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":10},{"key":"Closed with non-monetary relief","doc_count":4}]}},"submitted_via":{"doc_count":14,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":14}]}},"company":{"doc_count":14,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"CITIBANK, N.A.","doc_count":2},{"key":"SELECT PORTFOLIO SERVICING, INC.","doc_count":2},{"key":"Aldridge Pite, LLP","doc_count":1},{"key":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","doc_count":1},{"key":"DISCOVER BANK","doc_count":1},{"key":"ECMC GROUP, INC.","doc_count":1},{"key":"GOLDMAN SACHS BANK USA","doc_count":1},{"key":"Law Offices of Les Zieve","doc_count":1},{"key":"NAVY FEDERAL CREDIT UNION","doc_count":1},{"key":"Ocwen Financial Corporation","doc_count":1},{"key":"Selene Holdings LLC","doc_count":1},{"key":"Servis One, Inc., Titusville, PA Branch","doc_count":1}]}},"state":{"doc_count":14,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"CA","doc_count":10},{"key":"MI","doc_count":2},{"key":"FL","doc_count":1},{"key":"WA","doc_count":1}]}},"company_public_response":{"doc_count":14,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":4},{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":3}]}},"tags":{"doc_count":14,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American, Servicemember","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}