{"took":252,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":15,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"16583008","_score":17.333672,"_source":{"product":"Mortgage","complaint_what_happened":"Capital Mortgage Services of Texas Attn : Customer Service XXXX XXXX Department XXXX XXXX XXXX XXXX, TX XXXX Re : Qualified Written Request and Servicing Error Demand RESPA Compliance Loan Number : XXXX Property Address : XXXX XXXX  XXXX XXXX, XXXX XXXX IN XXXX Dear XXXX  Officer, Please find enclosed my formal Qualified Written Request ( QWR ) and Notice of Servicing Error submitted pursuant to the Real Estate Settlement Procedures Act ( RESPA ), XXXX U.S.C XXXX XXXX ( XXXX ) and XXXX C.F.R. XXXX. This correspondence demands investigation and documentation regarding multiple servicing violations and an unlawful property preservation event that occurred in XX/XX/XXXX while my loan was under your companys administration. \nIncluded in this package are : - The signed RESPA Demand Letter ( dated XX/XX/XXXX ) ; - Supporting documentation and correspondence from your office confirming a servicing error ; - Witness statements and police reports verifying the unauthorized property entry. \nPlease note that under federal law you must acknowledge receipt within XXXX ( XXXX ) business days and provide a complete written response within thirty ( XXXX ) business days. All written responses and records should be mailed to my address above or sent electronically to XXXX. \nThank you for your immediate attention to this matter. \nSincerely, XXXX XXXX Enclosures : RESPA Demand Letter and Supporting Evidence CC : XXXX XXXX XXXX XXXX XXXX XXXX CO XXXX XXXX XXXX XXXX, MD XXXX Servicing XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX Phone : XXXX Email : XXXX Last XXXX of XXXX : XXXX Date : XX/XX/XXXX To : Capital Mortgage Services of Texas XXXX XXXX XXXX XXXX, TX XXXX Subject : Qualified Written Request and Servicing Error Demand RESPA Violation Notice Loan Number : XXXX Property Address : XXXX XXXX  XXXX XXXX, XXXX XXXX IN XXXX Dear Sir or Madam : I am the borrower on the above-referenced mortgage loan, originally serviced by your company, and this letter serves as a Qualified Written Request ( QWR ) and Notice of Servicing Error pursuant to XXXX U.S.C. XXXX ( XXXX ) and XXXX C.F.R. XXXX ( Regulation XXXX  ). \nI. Nature of Dispute and Errors Identified I am demanding a full accounting and investigation of my mortgage account and related servicing actions due to multiple servicing errors and unauthorized activity that occurred while you were the servicer of this loan. \nXXXX. Unauthorized Property Entry and Illegal Preservation Activity During the first week of XX/XX/XXXX, my home at XXXX XXXX XXXX XXXX, XXXX, IN was illegally entered and altered by individuals claiming to act under lender or servicer authority. I have written statements from the individual hired to perform this preservation, witness statements, and official police reports documenting the unauthorized entry, property removal, and resulting damages. These actions took place while I was in active written communication with Capital Mortgage Services regarding my account status. \nXXXX. Admission of Servicing Error Capital Mortgage Services, through your employee correspondence, admitted in writing that an error occurred when the account was misclassified as non-performing by XXXX ( XXXX XXXX XXXX ). You confirmed in writing that the account was later corrected to reflect it was performing and current. Despite this, the property was unlawfully entered and secured under the false pretense of delinquency. This constitutes a direct violation of RESPA and CFPB servicing standards for accuracy and borrower communication. \nXXXX. Failure to Maintain XXXX Homeowners XXXX While you were servicing this loan, my escrowed homeowners insurance premium was not properly disbursed, causing the policy to lapse without notice. This failure left the property uninsured during the XX/XX/XXXX preservation activity, creating further financial and material damage. This lapse is a clear violation of XXXX XXXX. XXXX ( g ) and XXXX C.F.R. \nXXXX ( k ). \nXXXX. Improper Account Communication and Failure to Protect Borrower Rights I received conflicting communications from Capital Mortgage Services and other entities claiming authority over this loan. At no point did I receive a valid foreclosure notice, acceleration warning, or due process as required before initiating any property entry or possession actions. \nXXXX. Documentation and Information Requested Under RESPA, I am requesting the following documents and records within the statutory timeframe : XXXX. A full and itemized payment history from origination to present. \nXXXX. Complete escrow account records and insurance disbursement details. \nXXXX. All internal servicing notes, communications, or system data referring to XXXX, the misclassification of non-performance, or correction notices. \nXXXX. Copies of any work orders or vendor authorizations related to property preservation in XX/XX/XXXX. \nXXXX. All correspondence sent or received by Capital Mortgage Services regarding this loans performance status. \nXXXX. The current note holder and contact information for any sub-servicer or third-party contractors. \nXXXX. XXXX Obligations Under XXXX U.S.C. XXXX ( XXXX ), you must : - Acknowledge receipt of this request within XXXX ( XXXX ) business days ; and- Provide a complete response within thirty ( XXXX ) business days. \nFailure to comply will result in formal complaints to the Consumer Financial Protection Bureau ( CFPB ), the Indiana Attorney XXXX XXXX, and referral to legal counsel for enforcement and damages under RESPA and Regulation X. \nIV. Mailing Instructions Please send all responses and supporting documents to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX or electronically to : XXXX Sincerely, XXXX XXXX XXXX : - XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX, CO XXXX - XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, MD XXXX - XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX","date_sent_to_company":"2025-10-15T03:14:45.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"47403","tags":null,"has_narrative":true,"complaint_id":"16583008","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Siwell Inc","date_received":"2025-10-15T03:02:57.000Z","state":"IN","company_public_response":null,"sub_issue":"Escrow, taxes, or insurance"},"highlight":{"complaint_what_happened":["Capital Mortgage Services of Texas Attn : Customer Service <em>XXXX</em> <em>XXXX</em> Department <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, TX <em>XXXX</em> Re : Qualified Written Request and Servicing <em>Error</em> Demand RESPA Compliance Loan Number : <em>XXXX</em> <em>Property</em> Address : <em>XXXX</em> <em>XXXX</em>  <em>XXXX</em> <em>XXXX</em>, <em>XXXX</em> <em>XXXX</em> IN <em>XXXX</em> <em>Dear</em> <em>XXXX</em>  Officer, Please find enclosed my formal Qualified Written Request ( QWR ) and Notice of Servicing <em>Error</em> submitted pursuant to the Real Estate Settlement Procedures Act ( RESPA ), <em>XXXX</em> U.S.C <em>XXXX</em> <em>XXXX</em> ( <em>XXXX</em> ) and <em>XXXX</em> C.F.R."]},"sort":[17.333672,"16583008"]},{"_index":"complaint-public-v1","_id":"2736046","_score":16.494205,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX                                                          XXXX XXXX XXXX XXXX, XXXX\n\n\nXXXX XXXX, General Counsel\nGeneral Law & Ethics\nXXXX  XXXX, Deputy General Counsel\nLitigation & Oversight\nXXXX XXXX, Deputy General Counsel\n\nConsumer Financial Protection Bureau\nXXXX XXXX XXXX XXXX XXXX, XXXX. XXXX\n\nDear Friends : \n\nPlease join me in litigation against Select Portfolio Services and XXXX County Tax Assessor for Property Tax Fraud  Home Affordable Modification Program. I would like to recover over $XXXX in excessive property tax non-market assessments payments and damages from XX/XX/XXXX to XX/XX/XXXX. I understand that a class action litigation may be more applicable.\n\nTIMELINE EVENTS\nSelect Portfolio Services modified my mortgage in XX/XX/XXXX. After the Modification I questioned why the annual property taxes exceeded the monthly principal and interest.\n\nProperty Tax Payments > Principal and interest = an Uneconomic  Relationships \n\nThis uneconomic inequality destroys home ownership and  downgrades homeowners to the economic status of  renters of the mortgage holder and local government property tax authority.\n\nI challenged Select Portfolio Services to contact XXXX County on what appeared to be a non-market collaboration to defraud homeowners with a non market property valuation.\nThe XXXX County valuation assessment was publically stated to be based on Comparable Values. This did not include internal and other close examples of the homes. It was apparent a search for the highest priced home in close proximity. In the New Home markets there are many micro and/or unique factors that challenges comparable assessments; for example,  Golf Course , Other Recreation  Access, Schools, historical and cultural preservation, and the XXXX XXXX effect.\n\nMOTIVES\nSelect Portfolio Services motives to conspire with XXXX Counties local Fraud:\n\tServicing fees earned of a Inflated Non Market Mortgage Principal Valuation\n\tInterest earned on the Property Tax Escrow Deposits\n\n\n\n\n\n\n\n\n\nFAILURE IN LOCAL GOVERNMENT GOVERNANCE AND INTEGRIDTY\nXXXX County actually increased my property assessment valuation during the Great Recession of XX/XX/XXXX from $XXXX to $XXXX. This was during a general market decline of 30%. XXXX County Tax Assessments have been immune to market factors. The XXXX  County Tax Appeal Process is invalid and may be illegal\n\nI appealed this tax assessment in XX/XX/XXXX. A small reduction was made from the $XXXX.\nwhich remained a fraudulently high non market tax assessment . The tax assessment increased  and returned to $XXXX in XX/XX/XXXX. The XXXX County Tax Appeal process\nlacks integrity and analytical validity. XXXX  actually increased property spending in XX/XX/XXXX and XX/XX/XXXX during the peak of the Great Recession.\n\nRecently the Georgia Governor has demanded that XXXX County cease and desist billing property tax payers XX/XX/XXXX taxes because XXXX County does not a valid property tax methods.\n\nThe failure of XXXX County and numerous other local government property tax authorities to adjust Post Great Recession property valuation assessments to the fair market declines is the key factor in home modification failures. When Principal and Interest was reduced  non market valuations property taxes were not.\n\nI am requesting that a private second accounting and appraisal firm be retained to review that current and historical. XXXX County Tax Assessor valuation Methodology and the outsourcing of this function.\n\nXXXX County property taxes valuation methods and assessments are not sustainable. \n\nI estimate an over collections of 40% since the Great Recession due to the failure to adjust property taxes to the decline of Great Recession market prices.\n\nRE: XX/XX/XXXX Georgia Code\nTitle 48 - REVENUE AND TAXATION\nChapter 5 - AD VALOREM TAXATION OF PROPERTY\nArticle 7 - MISCELLANEOUS LOCAL ADMINISTRATIVE PROVISIONS\n 48-5-380 - Refunds of taxes and license fees by counties and municipalities; time and manner of filing claims and actions for refund; authority to approve or disapprove claims\n\nCOMPENSATION OF TAX PAYER PROPERTY\nAfter I sold my home on XX/XX/XXXX for XXXX. XXXX County assessment my home on XX/XX/XXXX  $XXXX XXXX.  This was after an official appeal and the realized market value of a sale.\n\n\tThis evidences my a history of Non Market property tax assessments.\n\tThis evidences a history of an invalid property tax appeals process. \n\tIt evidences that the tax appeal process is used to discourage voters to challenge a hostile process.\nIn order to sale a property with Non Market Property Taxes the home owners must reduce the price of the home to generate a financing that is economic.  This property value is required for\nPRINCIPAL AND INTEREST + PROPERTY TAXES TO REFLECT THE MARKET VALUATION\n\nXXXX County and SPS must compensate me and home owners for this compensation.\nHistorically SPS has  argued that they were only following XXXX Countys information while modifying Principal Payments to reflect a lower market assessment.\n\n\nXXXX County Georgia and many local governments that have become dependent on the market inefficiencies of Non Market Tax Assessments are at great risk that lower Federal tax deductions for local property taxes and interest deductions will create a Post Great Recession Financial Crisis.\n\n\n\n\nI have lost my home. I am a senior citizen. Please help.\n\n\nSincerely,\n\n\n\nXXXX XXXX, XXXX\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nBACKGROUND\nOn XX/XX/XXXX I received a revised tax Corrected Annual Notice Of Assessment From The XXXX County Tax Assessors office. Please help. I have lost my home due to 10 years and cumulative tax over payments of $XXXX regardless of appeals. I was required to reduce my home price from $XXXX to $XXXX in order to sale the home. The annual tax payments exceed the market principal and interest financing cash flow due to XXXX County Tax Assessors not adjusting the property valuation to the current and fair market prices.\n\nThis Corrected Assessment was received 24 days after the XX/XX/XXXX sales of the \n\nACCOUNT: XXXX\nPROPERTY ID NUMBER:                   XXXX XXXX\n100% APPRAISED VALUE:             $ XXXX\n  40% ASSESSED VALUE                 $    XXXX\n\nHome Sale XX/XX/XXXX                    $    XXXX\n\nI sold Parcel Number XXXX XXXX XXXX XXXX ON XX/XX/XXXX.\n\nORIGINAL PURCHASE                                                       $XXXX XXXX COUNTY TAX VALUATION XXXX 2017     XXXX  \nSALE CLOSING PRICE                              XX/XX/XXXX        XXXX\n\nTAX YEARS XX/XX/XXXX TO XX/XX/XXXX REFUND REQUEST                    XXXX                                                                   INTEREST 5%              XXXX                                                                                                       $XXXX\nLoses due to confiscation of property  due to non market taxes reduced home value\nFor sale principal loss.                                                                  $XXXX                                                                                              \n\nREPLACEMENT VALUATION ADJUSTMENTS\nThere are numerous or alternatives to a comparable valuation:\n= Construction. +  Land \nLand value convention is 50% of valuation and seldom depreciates.\n\n\tHistory will reveal the land size was severely compromised for XXXX County Infrastructure development and an easement for the  XXXX XXXX Acquidauct.\n\n\tThe home actually shakes twice a month (R1 factor)\n\n\tXXXX XXXX is the smallest land lot in XXXX XXXX XXXX XXXX and sits on the busiest thoroughfares in XXXX XXXX .\n\n\tThe home is noisy and  the lot is too small for a family.\n\n\n\n\nDEMAND VALUATION ADJUSTMENT\n\tDue to a rock embedded  under the home the basement is only 25% of the area structure.\n\tThere is no walk out.\n\tThe interior of the home is awkward: rooms remain unfinished  and the second floor bedrooms do not have a private  entry. A VERY INATTRACTIVE FLOOR PLAN\n\nSCRACITY\nScarcity - The finite supply of competing properties continue to grow.\n1.\tThere are four new homes breaking ground on the XXXX XXXX and over 20 new homes for sale in the 4 Block circumference. \n\nTRANSFERABILTY\n-. XXXX XXXX XXXX has been listed each year since XX/XX/XXXX by \n\tXXXX XXXX (the seller)\n\tXXXX XXXX  XXXX\n\tFor Sale By Owner\n\nThe home has not been  has been uneconomic since the day of purchase.\nThe Annual Property Tax Payments exceed the Market Annual Principal and Interest  Financial. The only way to correct this inequality was to decrease the sell price  in order to correct this uneconomic condition\n\nINCOME\n3 BEDROOMS RENTALS LEASE FOR XXXX<  P&I..\n\nCOMPARABLES\nParcel\nNumber\nLocation\nAddress\n\nXXXX County  Assessments XXXX XXXX XXXX XXXX XXXX XXXX \t\n$XXXX\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX\t$XXXX\n\n\n\nSince XX/XX/XXXX buyers have rejected purchasing my home due to  the high taxes.\nI am requesting  $XXXX for principal lost due to the market impact. Excess taxes. \n\n\nBACKGROUND:\nHistorically, the property tax assessments appeals have not been favorable results.\nin the Ad Valorem Tax Valuations for Parcel Number XXXX Property Address: XXXX XXXX XXXX, XXXX, Georgia, XXXX are due to errors in identifying comparable real estate and the examination of alternatives methods. XXXX XXXX, and not the new municipality baring the name is the oldest golf course community in America. Much of the community surrounds the XXXX XXXX XXXX XXXX. The XXXX XXXX XXXX around XXXX XXXX. The land value and/or the demolition of these properties exceed $XXXX. This makes a replacement method valuation often exceeding $XXXX.   The XXXX XXXX XXXX  lot side was reduced below  of an acre and decade prior to the XX/XX/XXXX purchase. This small lot size has the reduce the land value of the valuation formerly by 25%. This property size reduction executed Imminent Domain for the XXXX XXXX XXXX. This Domain Infringement has had an unfavorable impact on property value on properties that border XXXX  XXXX. Directly across the street from my home has a open pit that floods with three feet of water after each rainfall. Our homes rattle around XXXX over 10 times a year from an apparent water release. Compensation for this easement was in adequate\n\nXXXX XXXX XXXX borders a very busy street, XXXX XXXX is an alternative thorough fare to XXXX XXXX, XXXX XXXX has become a cut through street with morning traffic congestion and is located less than 100 meters from the City of XXXX limit. These factors traditionally require a 10% reduction adjustment. \n\n\n\nTHE CASE STUDY: Ad Valorem Tax Valuations for Parcel Number XXXX\nProperty Address: XXXX XXXX XXXX, XXXX, Georgia, XXXX XXXX when the XXXX XXXX was purchased the XXXX County and national home price market was at a peak.\n\nXXXX XXXX XXXX is listed on the real estate market today for $XXXX.  The home was purchased at the peak of the market price boom, XX/XX/XXXXfor $XXXX. The market has not recover from the Great Recession collapse. \n\nHe most recent sales of next-door comparable prices were $XXXX and $XXXX.\nXXXX Countys XX/XX/XXXX tax valuation of $XXXX has historically and today been an impediment to the property sale.\n\nHistorically, tax correction has been requested and taxes reduced only to be increased the following year with no market input.\n\n\n\n\n\n.\n\nA tax appeal was submitted after the XX/XX/XXXX -XX/XX/XXXXGreat Recession after the Great Recession resulted in a Valuation above the peaked market price.\n\nToday XX/XX/XXXX the highest market offer for the property price has been $XXXX.\n\nThe historical errors in the Ad Valorem Tax Valuations for Parcel Number XXXX  Property Address: XXXX XXXX XXXX, XXXX, Georgia, XXXX are due to errors in identifying comparable real estate and the examination of alternatives methods.","date_sent_to_company":"2017-12-06T14:21:28.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"30338","tags":"Older American","has_narrative":true,"complaint_id":"2736046","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2017-11-21T22:52:30.000Z","state":"GA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["<em>XX/XX/XXXX</em>                                                          <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, <em>XXXX</em>\n\n\n<em>XXXX</em> <em>XXXX</em>, General <em>Counsel</em>\nGeneral Law & Ethics\n<em>XXXX</em>  <em>XXXX</em>, Deputy General <em>Counsel</em>\nLitigation & Oversight\n<em>XXXX</em> <em>XXXX</em>, Deputy General <em>Counsel</em>\n\nConsumer Financial Protection Bureau\n<em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, <em>XXXX</em>. <em>XXXX</em>\n\n<em>Dear</em> Friends : \n\nPlease join me in litigation against Select Portfolio Services and <em>XXXX</em> County Tax Assessor for <em>Property</em> Tax Fraud  Home Affordable Modification Program."]},"sort":[16.494205,"2736046"]},{"_index":"complaint-public-v1","_id":"22596398","_score":15.218431,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX Bank of America , N.A .\n\nAttention : Notice of Error and Request for Information XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX RE : Property : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear Counsels - XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX .\n\nBank of Americas XX/XX/XXXX letter is a DOE and legally deficient, factually incomplete, and deliberately evasive. Bank of America, can not simultaneously claim that their response is provided under Regulation X, 12 C.F.R. 1024.35 and 1024.36, while also arguing that the XX/XX/XXXX correspondence forwarded by XXXX XXXX was not a proper Notice of Error or Request for Information because it was not sent to your designated address. Regulation X does not permit a servicer to invoke its protections when convenient and disclaim its obligations when inconvenient.\n\nYour letter repeatedly states that no errors were identified and no corrections are required. These conclusory assertions are insufficient. You fail to describe the scope of any investigation performed, the systems or custodians searched, the retention policies applied, or the specific documents relied upon for each determination.\n\nA bare conclusion does not satisfy your obligations under Regulation X.\n\nError 1 HOA Payment Misapplication Your claim that all payments were applied correctly and that you have no record of any HOA payment misapplication is not credible. Bank of America has no authority to decide whether HOA payment errors occurred in this account. The U.S. government, via XXXX XXXX and other federal agencies, hired a third party who determined who has already conducted an audit and identified errors in the handling of the HOA and on this loan. That finding alone is supersedes Bank of America and it is sufficient to establish that servicing errors took place. Bank of America, with all their law firms, is not a regulatory agency and can not simply override or ignore a government audit by issuing a self-serving statement that it found no error.\n\nMoreover, the Loan History Statement you attached does not address the critical period when the property was under the control of your preservation contractors, ( Who admitted the locks were changed without authorization, and when the property was severely damaged.\n\nBank of America generated an AI letter as the HOA matter does not pertain to Bank of America. Furthermore, Bank of America, does not have access to accounting information nevertheless any ledger, accounting statement, or distribution record showing the actual amounts paid to the XXXX XXXX XXXX XXXX from the foreclosure sale proceeds, or how those amounts were credited against the loan or judgment and if Bank of America does have HOA information, it will be interesting to know how it was obtained.\n\nIt is now well documented that during this period, major banks, including through their relationship with XXXX XXXX, colluded with homeowners associations to drive foreclosures and extract payments from distressed homeowners. \nBank of America blanket denial, combined with the refusal to produce the actual HOA distribution records from the sale, raises serious questions about whether Bank of America is attempting to conceal the full extent of the payment misapplication and the improper benefit the Association received from the defective foreclosure process.\n\nA bare assertion that all payments were applied correctly without producing the underlying HOA ledgers, sale proceeds distribution records, or any explanation of how the government audit findings were considered does not constitute a reasonable investigation under Regulation X and the sole mentioned of it, means that an audit is merited. Error 2 Property Preservation Damage and Insurance Proceeds Bank of America state that property preservation activities were conducted in accordance with standard servicing practices and that Bank of America have no record of any insurance claims or proceeds. This response is inadequate. Your own preservation contractors caused damage to the property. One of your agents changed the locks and installed a lock-box without authorization, after which appliances and personal property were removed. The XXXX XXXX Police Department documented this incident. Your claim that you have no record of insurance claims does not address the damage caused by your own agents while the property remained legally mine. You have also failed to identify the systems searched or provide any preservation vendor records, invoices, or communications.\n\nError 3 Foreclosure Sale Based on Depressed Valuation You claim the foreclosure sale was conducted in accordance with applicable law and that the valuation was based on the condition of the property at the time of appraisal. You do not address the XX/XX/XXXX court order that specifically noted PROPERTY DAMAGE and directed Bank of America to repair the property within thirty days. You also ignore contemporaneous appraisals showing the damaged property was valued at approximately {$100000.00} less than half the judgment amount. You can not damage the property, ignore a court repair order, sell it in that condition, and then claim the valuation was accurate. You have provided no valuation analysis, property-condition evidence, or preservation records tied to the valuation.\n\nError 4 DOJ Enforcement Action Review and Exclusion from Settlements Bank of America state that the loan was not identified for review under any DOJ enforcement action or settlement. Bank of America response is not only disingenuous, but it also misleading.\n\nIn addition to the 2012 California-specific robo-signing case ( Case No. XXXX ), there were several major nationwide settlements involving Bank of America and its predecessor, XXXX. \nIn XXXX, the Department of Justice entered into its largest residential fair lending settlement in history against XXXX XXXX XXXX ( then owned by Bank of America ) in the Central District of XXXX. The {$330.00} XXXX settlement addressed systemic discrimination against minority borrowers. Plaintiff was excluded from any relief under this settlement despite extensive prior communications with Bank of America. \nIn XXXX, Bank of America, along with other major servicers, entered into the {$25.00} XXXX XXXX XXXX Settlement resolving widespread foreclosure and servicing abuses, including robo-signing. Bank of America paid the largest share of this settlement. Plaintiff was again excluded from any borrower relief.\n\nBetween XXXX and XXXX, Bank of America paid approximately {$16.00} XXXX to resolve Residential Mortgage-Backed Securities claims. Plaintiff received no compensation or remediation under any of these agreements, despite the clear overlap between the misconduct addressed in those settlements and the facts of her foreclosure, property damage, confirmation defects, and post-sale accounting issues.\n\nBank of America statement that the loan was not identified for review does not change the fact that Plaintiff was systematically excluded from relief programs designed to address the very categories of harm she suffered.\n\nIncomplete Foreclosure Accounting and Record Destruction Bank of America state that records concerning the distribution of foreclosure proceeds and the VA net-value acquisition calculation are no longer retained in your archival system. You provide only a partial Loan History Statement. You have not demonstrated that you conducted a reasonable search of all servicer files, foreclosure files, legal files, guaranty-claim files, or vendor files. Simply claiming records are purged or may be with the VA does not satisfy your obligations under Regulation X or in active litigation. Bank of America have also failed to provide document retention policy, purge dates, or an affidavit from a records custodian.\n\nCredit Reporting Response You state that the loan is no longer being reported to consumer reporting agencies and that prior reporting was accurate when made. This is insufficient. You have not identified what was actually reported, when it was reported, to which agencies, or what documents you reviewed to conclude the reporting was accurate and how negatively impacted and impacts my credit- despite that U. S. Federal agencies found these errors. A conclusory statement does not constitute a reasonable investigation.\n\nDemand for Supplemental Response Bank of America must supplement its response within ten ( 10 ) business days and provide the following : All documents reviewed or relied upon for each no error determination.\n\nThe complete foreclosure sale accounting, including distribution of proceeds and any VA net-value calculations.\n\nAll property preservation vendor records, invoices, work orders, and communications.\n\nAll HOA ledgers and records showing amounts paid from sale proceeds and how they were credited.\n\nAll insurance claim and proceeds records ( or a sworn explanation if none exist ) .All credit reporting history for this loan.\n\nA request-by-request explanation, tied to a specific Regulation X exception, for every document withheld as over-broad, burdensome, irrelevant, privileged, or outside your possession.\n\nFailure to provide a complete and compliant supplemental response will be treated as continued noncompliance with Regulation X and as evidence of bad faith.\n\nNothing in this letter waives any rights, claims, objections, remedies, or damages. All prior reservations of rights remain in full force and effect.\n\nSincerely, XXXX XXXX Notice of Fiduciary and Ethical Obligations to XXXX XXXX XXXX This addemdum is directed to you in your capacity as counsel for Bank of America , N.A . in connection with the above-referenced loan and property. You are hereby placed on formal notice of your fiduciary duties and ethical obligations as an officer of the court. It appears that AI drafted a letter with matters that do not pertain to Bank of America.\n\nAs an attorney representing a client in matters involving federal statutes, ongoing litigation, and regulatory compliance, you owe duties that extend beyond mere advocacy for your client. These include : Duty of Candor to the Tribunal Under the ABA Model Rules of Professional Conduct, Rule 3.3, and the corresponding rules adopted by the jurisdictions in which you practice, you have an affirmative duty to be candid with courts and to correct false or misleading statements made to any tribunal.\n\nThis duty continues even after a representation has concluded if you later learn that false evidence or statements were presented.\n\nDuty to Avoid Assisting in Fraud or Misrepresentation You may not knowingly make a false statement of fact or law to a third party, nor may you assist a client in conduct that you know is criminal or fraudulent. This includes responses to formal regulatory requests under the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605, and Regulation X.\n\nDuty to Conduct a Reasonable Investigation When responding to a borrowers Notice of Error or Request for Information under 12 C.F.R. 1024.35 and 1024.36, counsel has an obligation to ensure that the servicer has conducted a reasonable search and that the response is accurate and complete. A response that relies on conclusory statements while withholding material records does not satisfy this duty. \n\nDuty as an XXXX of the XXXX You are not merely a private advocate. You are an XXXX of the legal system with a special responsibility for the quality of justice. This includes the obligation to refrain from conduct that undermines the integrity of judicial or administrative processes, including the concealment of material information or the making of representations that are inconsistent with known facts in the record. \n\nThe XX/XX/XXXX response letter issued on behalf of Bank of America contains multiple deficiencies that raise serious concerns about compliance with these obligations. These include contradictory positions regarding the applicability of Regulation X, conclusory no error findings unsupported by identified records, failure to produce critical accounting and distribution documents from the foreclosure sale, and incomplete or evasive responses regarding property preservation, HOA payments, and credit reporting.\n\nYou are further advised that continued reliance on prior responses, blanket assertions that records have been purged, or deflection of responsibility to other entities ( such as the VA ) without a demonstrated reasonable search of all relevant files may constitute a violation of your ethical duties, particularly in light of the government audit findings and the documented internal concerns regarding the foreclosure and title issues.\n\nThis letter serves as formal notice that any further deficient or misleading responses may be used as evidence of bad faith and may be brought to the attention of the appropriate courts, regulatory bodies, and disciplinary authorities.\n\nNothing in this letter constitutes a waiver of any rights, claims, or remedies available to me. All prior objections, demands, and reservations of rights remain in full force and effect.\n\nI expect a complete and compliant supplemental response within the timeframe previously demanded. \n\nSincerely, XXXX XXXX Issue in XXXX Letter, Why Its an Error, Regulation/ Legal Problem 1 ) Contradictory position on Regulation X, '' They claim the response is under 1024.35 & 1024.36, but then say your XXXX  XX/XX/XXXX letter ( forwarded by XXXX ) was not a proper RESPA request because it wasnt sent to the designated address. '' You can not invoke the protections of Regulation X while simultaneously disclaiming its obligations. This is a classic bad-faith tactic.\n\n2 ) Conclusory no error findings, '' They repeatedly say no errors were identified without describing what investigation was done, which systems were searched, or which documents were reviewed. \", Regulation X requires a reasonable investigation. A bare conclusion is insufficient ( see XXXX XXXX Bank of America ). \n\n3 ) Failure to identify relied-upon documents, They never clearly list what records they actually reviewed for each no error determination., Required under 12 C.F.R. 1024.35 ( e ) and 1024.36 ( d ).\n\n4 ) Global / blanket objections, '' They make a broad statement that some requests are overbroad, burdensome, or not in their possession without tying each objection to specific requests. \", Regulation X requires them to respond to the reasonably identifiable portion and explain each withholding specifically.\n\n5 ) Incomplete foreclosure accounting, '' They only gave a partial Loan History Statement and claimed records of foreclosure proceeds distribution and VA net-value calculation are no longer retained. They did not prove they searched all relevant files ( servicing, legal, foreclosure, vendor ). \", This is not a reasonable search. They also failed to provide retention policy or custodian affidavit.\n\n6 ) VA record deflection, They say VA net-value records may have been maintained by the VA without showing they searched their own guaranty-claim files or vendor files., XXXX ( as servicer ) had obligations to maintain and produce these records.\n\n7 ) Weak valuation response ( Error 3 ), '' They claim the sale was proper and valuation was accurate, but completely ignore the XX/XX/XXXX court order ( PROPERTY DAMAGE ) and the XX/XX/XXXX appraisals showing ~ $ XXXX value. \", They must address the specific evidence you raised.\n\n8 ) Misleading settlement response ( Error 4 ), They say the loan was not identified for any settlement. This is misleading because you were excluded from the XXXX XXXX Fair Lending Settlement and the XXXX XXXX XXXX Settlement despite the nature of your claims., They are downplaying the pattern of exclusion.\n\n9 ) Credit reporting response is conclusory, '' They say the loan is no longer reported and prior reporting was accurate when made without identifying what was reported, when, or to which bureaus. \", This does not constitute a proper investigation or correction under FCRA or RESPA.\n\n10 ) Record destruction without justification, \" They admit BPOs and old escrow statements were purged but provide no retention policy, purge dates, or proof of reasonable search before destruction ( especially after litigation was foreseeable ). \", This can support spoliation arguments.","date_sent_to_company":"2026-05-27T00:09:47.000Z","issue":"Struggling to pay mortgage","sub_product":"VA mortgage","zip_code":"21209","tags":"Servicemember","has_narrative":true,"complaint_id":"22596398","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2026-05-26T23:46:12.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["<em>XX/XX/XXXX</em> Bank of America , N.A .\n\nAttention : Notice of <em>Error</em> and Request for <em>Information</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXXXXXX</em> RE : <em>Property</em> : <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>Dear</em> <em>Counsels</em> - <em>XXXXXXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXXXXXX</em> <em>XXXX</em> .\n\nBank of Americas <em>XX/XX/XXXX</em> letter is a DOE and legally deficient, factually incomplete, and deliberately evasive."]},"sort":[15.218431,"22596398"]},{"_index":"complaint-public-v1","_id":"3364589","_score":14.552889,"_source":{"product":"Mortgage","complaint_what_happened":"Dear Madam or Sir : I am writing a formal Notice of Dispute and a Notice of Violations pertaining to Specialized Loan Servicing denying me my 30 day legal right to Dispute and Appeal for a modification and the illegal actions of Specialized Loan Servicing pertaining to my primary residence located at XXXX XXXX XXXX, XXXX, XXXX WA XXXX, and Loan # XXXX. \n\n\nOn several occasions during my phone calls with Specialized Loan Servicing ( SLS ) for updates and reviews, I was told in uncertain terms from SLS representatives that I only had until a XX/XX/2019 deadline to submit my Appeal/Dispute letter into their department for review. I have had to explain to these SLS representatives that I didnt receive their Letter of Denial until I had requested a SLS representative to fax it to me on XX/XX/2019, since it was never mailed out and this was the first I had heard about the denial! Once I received this Denial it didnt state any details of how I was denied, what information was used by SLS to come to their conclusion. I have a right to check these facts for accuracy since I have recently qualified for 4 other modifications ; therefore, I am suspicious that there was an error in their calculations which resulted in a denial decision. \n\nOn XX/XX/2019 SLS Rep. XXXX ( refused to give me an ID or last name ), at XXXX and again at XXXX XX/XX/2019, denied me the right to speak to a supervisor on both occasions. She stated that SLS had sent out their Denial Letter on XX/XX/2019 and that I had no options but to adhere to a short sale or deed in lieu, and the fact that I didnt actually receive it until SLS faxed it to me didnt matter to her. \n\nIt is very clear to me that SLS has intended to steal my property away from me by not informing me of this Denial in order to trip me up on getting my Appeal out before XX/XX/XXXX, ( which I have caught and sent out already to them prior to this cut-off date ), but have yet to receive the facts pertaining to this denial. \n\nI am disputing their violations of my right to 30 days to review ONCE I have actually received the information that I have repeatedly asked for verbally and in writing. Once I receive this information I legally have a right to 30 days to seek legal counsel and review this decision to be sure the facts they used to determine this denial are based in accuracy and is current. SLS is using these illegal tactics in order to go through with a set sale date of XX/XX/2019 instead of working with me in good faith for a fair modification. These actions are obvious, as SLS is desperately attempting to bend the rules and laws set in place so that they can deny a homeowner the actual time to respond and the transparency of fairly providing the details of the alleged denial facts it was based on. \n\n\nThank you for your time and efforts and I do intend to keep my property.","date_sent_to_company":"2019-09-05T21:01:17.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"XXXXX","tags":"Older American","has_narrative":true,"complaint_id":"3364589","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2019-09-05T19:50:39.000Z","state":"WA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["It is very clear to me that SLS has intended to steal my <em>property</em> away from me by not informing me of this Denial in order to trip me up on getting my Appeal out before <em>XX/XX/XXXX</em>, ( which I have caught and sent out already to them prior to this cut-off date ), but have yet to receive the facts pertaining to this denial. \n\nI am disputing their violations of my right to 30 days to review ONCE I have actually received the <em>information</em> that I have repeatedly asked for verbally and in writing."]},"sort":[14.552889,"3364589"]},{"_index":"complaint-public-v1","_id":"12886551","_score":13.996356,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/XXXX, at XXXX was my initial contact via email with XXXX XXXX XXXX the General Counsel of XXXX XXXX XXXX \n\nOn XX/XX/XXXX, XXXX I emailed XXXX and opened a Service Request : XXXX - and I uploaded these documents \" AFFIDAVIT OF COMMON LAW NAME CHANGE '' & \" XXXXXXXX XXXX NOTICE OF SUBROGATION/EXONERATION '' I sent this communication : This is actual and constructive notice by the implied XXXX  XXXX, XXXX XXXX for the principal debtor XXXX XXXX XXXX XXXX XXXX This notice is the XXXX XXXX right to control the judgement before or after by parol. I am not an enemy or an ally of one and this notice is in reference to Mercedes Benz Financial Principals, Agents, Successors and/or Assigns of my notice of subrogation/exoneration of the contract/security/fungible asset that MBFS has a security interest in see Exhibit B of the 2nd page of the contract. \n\nUnder Georgia Law where the consummation of the contract took place, i.e., situs constitutes the authority not only of the law of the contract and under Georgia law citing XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX which clearly states that the bank is. not the holder in due course under Georgia law. \n\nIn that this Notice of Subrogation is hereby granted by the operation of law and the law of XXXXship. \n\nBased on the subrogation/exoneration that is granted to the XXXX The XXXX 's credit reports shall be corrected IMMEDIATELY as PAID IN FULL and remove all lates. Concerning the extended time of the contract that puts the XXXX  at risk and discharges the XXXX  by operation of law The undersigned XXXX  sends this notice of subrogation in good faith and equity expressing grace to all volunteers in equity. \n\nThis notice is being sent to all principal agents, successors and/or assigns of the security/contract/fungible asset on the certificate of service mainly the Clerk of The Superior Court of XXXX XXXX of the XXXX 's right to control the judgement before or after O.C.G.A 10-7-54, O.C.G.A 10-7-45, O.C.G.A 10-7-46 O.C.G.A 10-7-47 O.C.G.A 10-7-48 O.C.G.A 10-7-49 O.C.G.A 10-7-50 O.C.G.A 10-7-51 O.C.G.A 10-7-52 O.C.G.A 10-7-53 O.C.G.A 10-7-56 O.C.G.A 10-7-57 As XXXX, I am demanding immediate release of the lien in writing and to the DMV electronically, correction of any and all erroneous billing to XXXX 's credit report under 15 USC 1666 b within 72 hours of receipt of this communication via email and certified restricted delivery. \n\nRegards, XXXX, XXXX XXXX ( XXXX ) Mailing address : XXXX XXXX XXXX XXXX GA XXXX I did not receive any follow up from XXXX XXXX or the consumer support legal team. The vehicle was placed on the repossession list and The XXXX 's credit report was still showing late payments and repossession. \n\nOn XX/XX/XXXX, XXXX I emailed a NOTICE OF SUBROGATION ( see. below ) to : XXXX XXXX, ( XXXX XXXX Counsel ) XXXX XXXX, ( Car dealership where contract was created ) XXXX XXXX, ( Investigator assigned to repossess the vehicle ) XXXX XXXX, ( General Counsel for XXXX ) XXXX XXXX, ( GA XXXX of XXXX for XXXX ) XXXX. \" XXXX '' XXXX, ( XXXX and XXXX XXXX account manager ) XXXX XXXX, ( General counsel for XXXX XXXX XXXX XXXX, ( General counsel for XXXX ) XXXX XXXX. ( Account manager for XXXX and XXXX ) THIS IS A NOTICE NOTICE OF SUBROGATION & XXXX  RIGHTS TO CREDITOR SECURITIES BY PAROL Notice to agent is notice to principal* Notice to principal is Notice to agent APPLICABLE TO ALL SUCCESSORS AND/OR ASSIGNS Subject : Notice of Subrogation and XXXX  's Rights - Urgent Attention Required Dear XXXX XXXX XXXX, XXXX al I hope this email finds you well. My name is XXXX, and I am writing to you in my capacity as a XXXX. I am bringing to your attention certain matters regarding the XXXX  and subrogation rights under O.C.G.A. 10-7-45.\n\nAs you are well aware, a XXXX  is not obliged by operation of law to wait for the principal debtor to bring suit but is entitled to come into a court of equity after a debt has become due. I am asserting my right to control the judgment before or after trial, as stipulated under O.C.G.A. 10-7-45.\n\nI want to emphasize that, as a XXXX, I am entitled to be subrogated to the rights of the creditor 's securities by operation of law. I trust that, as the General Counsel of Mercedes-Benz Financial Services , you are competent to understand that a XXXX  is entitled to the benefit of every security for the performance of the principal obligation held by the creditor or by a co-XXXX  at the time of entering into the contract, including security/accounts receivable. \n\nFurthermore, based on the contract of XXXX  acquired, I, as the XXXX, am entitled to have the property of the principal first applied to the discharge of the obligation, as outlined in O.C.G.A. 10-7-57 Right of XXXX who has not paid debt to judicial protection of right of subrogation to creditor 's securities, 160 A.L.R. 421.\n\nI have attached a detailed notice outlining these matters, and I kindly request your prompt attention and response within seven days via email, certified US mail, fax, or telephonically. If no response is received within this timeframe, it will be considered accepted and discharged in equity and at law, in accordance with the principles of XXXX and the hypothecation of the contract/security.\n\nPlease be advised that any self-help repossessions should be bonded ( replevin ) for three times the amount of ( {$100000.00} ) the subrogee 's property, as per legal requirements. Based on the fact of the matter that all agents, successors and/or assigns are considered constructive intermeddlers in equity i.e., volunteers in line with the equitable maxim `` Equity will not aid a Volunteer. '' O.C.G.A. 23-1-13. MBFS is directed to correct the credit profile at XXXX and XXXX, XXXX, XXXX, XXXX with the subrogation of this account, effective immediately upon receipt of this email communication. ( See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX XXXX XXXXXXXX ) that explicitly says that a bank is not the holder in due course. That is the XXXX  's notice and request to put up the replevin bond for 3 times the value of the vehicle or I have been injured by intermeddlers in equity and the XXXX  will have grounds for unjust enrichment, restitution and reimbursement for any and all injuries sustained by all intermeddlers based on Fraud in the factum/inducement. \n\nThis email serves as a formal notice to you, and I expect your cooperation in resolving these matters amicably. I have attached my contact information for your convenience. I have noticed The Georgia Secretary of State Securities Division if MBFS agents, successors and/or assigns feels that my position as XXXX  is in error. The extension of time concerning the 72 months of the security/contract in question by operation of law exonerates the XXXX  by increased risk. See O.C.G.A 10-7-22 DISCHARGE OF XXXX  BY INCREASE OF RISK. \n\nXXXX XXXX XXXX XXXX XXXX XXXX Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison. \n\nRespectfully submitted XXXX XXXX XXXX XXXX BY : XXXX XXXXXXXX, ( XXXX. ) - XXXX XXXX XXXX XXXX XXXX XXXX, GEORGIA XXXX XXXX : XXXX I have received NO follow up from XXXX XXXX XXXX XXXX all 3 credit reports agencies refused to respond and are still sowing as repossession and charge off totals. \n\n\nOn XX/XX/XXXX at XXXX I have emailed a \" THE XXXX 'S NOTICE OF RESCISSION AND RELEASE OF GUARANTY '' AND \" REVOCATION OF POWER OF ATTORNEY '' XXXX XXXX, ( XXXX XXXX XXXX ) XXXX XXXX, ( Car dealership where contract was created ) XXXX XXXX, ( Investigator assigned to repossess the vehicle ) XXXX XXXX, ( General Counsel for XXXX ) XXXX XXXX, ( GA XXXX of XXXX for complaints XXXX XXXX XXXX, ( General counsel for XXXX ) XXXX XXXX, XXXX General counsel for XXXX ) XXXX. FLORIDA XXXX XXXX XXXX XXXX XXXX has acquiesced to all prior communications by refusing to respond yet is actively pursuing the repossession of the vehicle. \n\nPlease find a copy of the \" THE XXXX 'S NOTICE OF RESCISSION AND RELEASE OF GUARANTY '' AND \" REVOCATION OF POWER OF ATTORNEY ''","date_sent_to_company":"2025-04-08T17:45:51.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"302XX","tags":"Servicemember","has_narrative":true,"complaint_id":"12886551","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mercedes Benz Financial Services","date_received":"2025-04-08T17:03:57.000Z","state":"GA","company_public_response":null,"sub_issue":"Unable to receive car title or other problem after the loan is paid off"},"highlight":{"complaint_what_happened":["On <em>XX/XX/XXXX</em>, <em>XXXX</em> I emailed a NOTICE OF SUBROGATION ( see. below ) to : <em>XXXX</em> <em>XXXX</em>, ( <em>XXXX</em> <em>XXXX</em> <em>Counsel</em> ) <em>XXXX</em> <em>XXXX</em>, ( Car dealership where contract was created ) <em>XXXX</em> <em>XXXX</em>, ( Investigator assigned to repossess the vehicle ) <em>XXXX</em> <em>XXXX</em>, ( General <em>Counsel</em> for <em>XXXX</em> ) <em>XXXX</em> <em>XXXX</em>, ( GA <em>XXXX</em> of <em>XXXX</em> for <em>XXXX</em> ) <em>XXXX</em>. \" <em>XXXX</em> '' <em>XXXX</em>, ( <em>XXXX</em> and <em>XXXX</em> <em>XXXX</em> account manager ) <em>XXXX</em> <em>XXXX</em>, ( General <em>counsel</em> for <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, ( General <em>counsel</em> for <em>XXXX</em> ) <em>XXXX</em> <em>XXXX</em>. ( Account manager for <em>XXXX</em> and <em>XXXX</em> ) THIS"]},"sort":[13.996356,"12886551"]},{"_index":"complaint-public-v1","_id":"21573890","_score":13.51243,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XX/XX/year> Via Certified Mail Return Receipt Requested PHH Mortgage XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX RE : Loan Number : XXXX Property Address : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX ________________________________________ NOTICE OF NO ATTORNEY REPRESENTATION SECOND NOTICE QWR NON-RESPONSE DEMAND FOR REFUND OF {$7000.00} To Whom It May Concern : We are in receipt of your correspondence stating that you will not respond to our Qualified Written Request ( QWR ) based on the claim that we are represented by legal counsel. \nThis statement is false. \nWe hereby formally notify you that we do not have, and have never had, legal representation in this matter. Your records must be immediately corrected. \nYour refusal to respond to our QWR is a direct violation of your obligations under the Real Estate Settlement Procedures Act ( 12 U.S.C. 2605 ). \n________________________________________ ADDITIONAL CRITICAL ISSUE : WRONGFUL RETENTION OF FUNDS In addition to your failure to respond to our QWR, you are currently in possession of {$7000.00} belonging to us, which you have failed and/or refused to return. \nThese funds were taken and/or retained despite the dismissal of our bankruptcy Our mortgage loan is current You have previously indicated a willingness to refund these funds You are now improperly withholding the refund based on shifting and unsupported requirements At this point, your actions constitute wrongful retention of borrower funds and raise serious concerns regarding servicing misconduct. \n________________________________________ PATTERN OF NON-COMPLIANCE Your conduct now includes : Maintaining inaccurate records ( false attorney representation ) Refusing to respond to a valid QWR Withholding {$7000.00} without lawful justification Providing inconsistent and contradictory explanations regarding the return of funds This pattern may constitute violations of federal law and unfair or deceptive servicing practices. \n________________________________________ DEMAND FOR IMMEDIATE ACTION We demand the following : XXXX. Immediate correction of your records to reflect no attorney representation XXXX. Full response to our QWR ( originally sent [ date ] ) within RESPA timelines XXXX. Immediate issuance of a refund in the amount of {$7000.00} XXXX. Written explanation for : o Why these funds were retained o The legal basis ( if any ) for refusing to return them o All internal notes or decisions related to this matter ________________________________________ NOTICE OF ESCALATION If these issues are not resolved immediately, we will proceed with formal complaints and escalation, including but not limited to : Filing a detailed complaint with the Consumer Financial Protection Bureau Filing complaints with the Federal Trade Commission and State Attorney General Pursuing all available remedies for damages resulting from your failure to comply with federal servicing laws This is your opportunity to correct these issues without further escalation. \nWe expect full resolution without delay. \nSincerely, XXXX XXXX Enclosures : Original QWR Qualified Written Request / Notice of Error / Request for Information Under RESPA ( 12 U.S.C. 2605 ) Date : XX/XX/year> To : PHH Mortgage Services XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX RE : Loan Number : XXXX Property Address : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX ________________________________________ Dear Sir or Madam, This letter constitutes a Qualified Written Request ( QWR ), Notice of Error, and Request for Information pursuant to the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605 and Regulation X ( 12 C.F.R. 1024 ). \nI am writing regarding serious concerns about the servicing of my mortgage loan, specifically the assessment of fees and charges that appear excessive, unexplained, and potentially improper. \n________________________________________ Summary of Issue After missing an undefined mortgage payment ( s ), my account was assessed fees and charges totaling in excess of {$9000.00}. These charges were not clearly disclosed, do not appear proportionate, and include items described as pre-petition fees and other unexplained costs. \nAdditionally, certain fees appear to have been added after my loan was reinstated, raising further concerns regarding the accuracy and legitimacy of the account balance. \n________________________________________ Notice of Error I believe the following errors have occurred : XXXX. Assessment of unreasonable or excessive fees not justified by actual services performed XXXX. Failure to provide transparent and timely disclosure of fees XXXX. Improper application and/or timing of pre-petition charges XXXX. Potential misapplication of payments and/or improper default status designation XXXX. Assessment of fees after reinstatement of the loan ________________________________________ Request for Information Please provide the following documents and information : XXXX. A complete life-of-loan payment history, including all payments received, how they were applied, and any suspense account activity XXXX. A detailed, itemized breakdown of all fees and charges assessed to my account, including : o Late fees o Property inspection fees o Broker price opinion ( XXXX ) fees o Corporate advances o Foreclosure-related fees o Bankruptcy-related fees o Any pre-petition fees XXXX. Invoices, billing statements, and supporting documentation for all third-party fees, including : o Attorney fees o Foreclosure costs o Property inspections XXXX. The date and reason each fee was assessed XXXX. Identification of any law firm, vendor, or third party involved, including contact information XXXX. Documentation showing when the loan was referred to foreclosure, if applicable XXXX. Documentation supporting any bankruptcy-related charges, including proof of claim preparation fees XXXX. An explanation of any fees assessed after loan reinstatement, including legal justification XXXX. Copies of any notices of default, acceleration, or foreclosure issued on this loan XXXX. A copy of your policies and procedures for assessing default-related fees ________________________________________ Request for Correction If your investigation determines that any fees were improperly assessed, I request immediate correction of my account and removal of those charges. \n________________________________________ Response Requirements Under RESPA, you are required to : Acknowledge receipt of this request within XXXX business days Provide a substantive response within 30 business days ________________________________________ Please note that I am maintaining detailed records of this matter and am prepared to escalate this issue to the Consumer Financial Protection Bureau and other regulatory authorities if necessary. \n________________________________________ Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX","date_sent_to_company":"2026-04-24T17:56:55.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"493XX","tags":"Servicemember","has_narrative":true,"complaint_id":"21573890","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2026-04-24T17:43:16.000Z","state":"MI","company_public_response":null,"sub_issue":"Trying to communicate with the company to fix an issue while managing or servicing your loan"},"highlight":{"complaint_what_happened":["Sincerely, <em>XXXX</em> <em>XXXX</em> Enclosures : Original QWR Qualified Written Request / Notice of <em>Error</em> / Request for <em>Information</em> Under RESPA ( 12 U.S.C. 2605 ) Date : XX/XX/year> To : PHH Mortgage Services <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXXXXXX</em> <em>XXXX</em> <em>XXXXXXXX</em> RE : Loan Number : <em>XXXX</em> <em>Property</em> Address : <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXXXXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXXXXXX</em> ________________________________________ <em>Dear</em> Sir or Madam, This letter constitutes a Qualified Written Request ( QWR ), Notice of <em>Error</em>, and Request for <em>Information</em>"]},"sort":[13.51243,"21573890"]},{"_index":"complaint-public-v1","_id":"2380905","_score":12.078418,"_source":{"product":"Mortgage","complaint_what_happened":"Dear CFPB Representative. \nI have been in a dead lock with my mortgage holder, Planet Home Lending, formerly Green Planet lending, for nearly 5 years, including XXXX separate foreclosure cases : XXXX dated XX/XX/XXXX and XXXX XX/XX/XXXX. This is a VA loan and I am a XXXX veteran. I have previously submitted a complaint, to whit, I received no resolution from Planet Home Lending representatives. I was blatantly told by PHL 's, Esq., Senior Counsel and Chief Compliance Officer, Planet Home Lending, LLC., that their company does not have to answer to anyone. ALL I have ask for is an accurate financial audit of this account. This mortgage was poorly handled by XXXX, as their accounting/advice and management skills put their company into bankruptcy. I know PHL based their accounting off of the mismanagement from XXXX which further perpetuated the problem. This mortgage was originated by XXXX. who are also now out of business, due to targeting Veterans. Also, the account was a part of XXXX. I received funds from Oklahoma Attorney General regarding XXXX. I know that I was being charged for property taxes by XXXX and until XX/XX/XXXX from PHL, because I had to send a copy of my veteran 's exemption to PHL. ALL I have ever wanted is an accurate financial audit, so that I can make an appropriate decision as to HOW resolve this mortgage. The initial Foreclose action, XXXX, dated XX/XX/XXXX, contained XXXX signatures and multiple Exhibits. This first filing contained signatures, in exhibit \" C '', of XXXX and XXXX XX/XX/XXXX, as a XXXX assignment to Green Planet Lending. The Florida State Attorney General found both signatures to be fraudulent. Exhibit \" C '' is absent in the XXXX Foreclosure filing, XXXX, dated XX/XX/XXXX. PHL claims in both suits I have not made a payment since XX/XX/XXXX. This is directly in contradiction to the records PHL sent me. Both Foreclosure actions were filed in XXXX XXXX of the State of Oklahoma and are available on OSCN ( Oklahoma Supreme Court Network ). Whether this was an oversight or not, PHL presented this information as being accurate before the Court. I finally received financial records from PHL. I had a friend who was a licensed Oklahoma CPA and Senior Analyst for the IRS ; and another friend who has been in banking finance for over 30 years. They both found no less than XXXX errors in the financial records of PHL and no explanation for fees that were attached to my account. \nPHL provided phone records to myself and my attorney. These records are another cause for concern. The only licensed Mortgage Broker recorded in the State of Oklahoma for Planet Home Lending/Green Planet Lending, is a gentleman by the name of XXXX, phone # ( XXXX ) XXXX, MB license # XXXX, issued XX/XX/XXXX and remains current. To my knowledge, I never spoke to XXXX concerning my account nor does his name appear on any documents or phone records. PHL obtained their original Mortgage License # XXXX on XX/XX/XXXX. Long after they had provided me with mortgage advice and had filed the first foreclosure case. I want to know if PHL was in compliance with the following : Title 59 O.S. 2095 - 2095.26 - Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act. And if not, how I may seek relief under this statute. Due to the dishonesty in the past, I do not trust PHL to EVER be honest. I am aware PHL was recently fined by CFPB. \nPHL started refusing payments in XX/XX/XXXX. At no time was I afforded a legitimate offer to refinance or closure of this matter by PHL. There were the same problems that existed with XXXX ; lost documents ; out of date documents ; mismanaged accounting ; etc. I have utilized every agency and effort I have to get an accurate audit.","date_sent_to_company":"2017-03-10T21:01:02.000Z","issue":"Loan modification,collection,foreclosure","sub_product":"VA mortgage","zip_code":"73099","tags":null,"has_narrative":true,"complaint_id":"2380905","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"PLANET HOME LENDING, LLC","date_received":"2017-03-10T21:01:02.000Z","state":"OK","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["<em>Dear</em> CFPB Representative. \nI have been in a dead lock with my mortgage holder, Planet Home Lending, formerly Green Planet lending, for nearly 5 years, including <em>XXXX</em> separate foreclosure cases : <em>XXXX</em> dated <em>XX/XX/XXXX</em> and <em>XXXX</em> <em>XX/XX/XXXX</em>. This is a VA loan and I am a <em>XXXX</em> veteran. I have previously submitted a complaint, to whit, I received no resolution from Planet Home Lending representatives."]},"sort":[12.078418,"2380905"]},{"_index":"complaint-public-v1","_id":"3322582","_score":11.692347,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX, TX XXXX OUR INFO ONLINE www.mrcooper.com XXXX XXXX Division of Consumer Finance XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX ACCOUNT INFO LOAN NUMBER : XXXX CFPB Case Number : XXXX CASE NUMBER : XXXX and XXXX REFERENCE : XXXX   PROPERTY ADDRESS : XXXX XXXX XXXX XXXX XXXX, FL XXXX MORTGAGORS : XXXX XXXX XXXX XXXX Dear XXXX XXXX : Thank you for reaching out to us. We are looking forward to helping you.\n\nWe received your correspondence on XX/XX/XXXX, as well as duplicate correspondence from Mrs. XXXX XXXX submitted to us through the Consumer Financial Protection Bureau ( CFPB ) Portal on XX/XX/XXXX We have put together this reply with information that we hope will alleviate Mrs. XXXX  concerns. We looked into the concerns she expressed and after an investigation, were sharing with you what we found.\n\nWe are sorry to hear of Mr. XXXX recent illness as well as the accident suffered by Mrs. XXXX sister. On XX/XX/XXXX, we spoke with Mrs. XXXX  regarding the above-referenced loan as the loan was past due for the XX/XX/XXXX monthly mortgage payment. Mrs. XXXX indicated that she had been approved for the Hardest Hit Fund ( HHF ) Program and therefore, made a promise to submit the reinstatement amount of {$21000.00} to reinstate the account. It is important to note that the HHF Agreement very specifically states that the state agreed to send in 12 monthly mortgage installments or {$24000.00}, whichever comes first. The first of the 12 installments was received by Mr. Cooper on XX/XX/XXXX ; the last installment was received on XX/XX/XXXX. The state remitted funds totaling {$18000.00} on XX/XX/XXXX, which was not the full reinstatement amount as Mrs. XXXX stated it would be. Subsequently, we received installments each month in XX/XX/XXXX ; however, the Mr. Cooper is a brand name for Nationstar Mortgage LLC. Nationstar Mortgage LLC is doing business as Nationstar Mortgage LLC d/b/a Mr. Cooper. Mr. Cooper is a registered service mark of Nationstar Mortgage LLC. All rights reserved.\n\nPlease be advised this communication is sent for informational purposes only and is not intended as an attempt to collect, assess, or recover a claim against, or demand payment from, any individual protected by the U.S. Bankruptcy Code. If this account has been discharged in a bankruptcy proceeding, be advised this communication is for informational purposes only and not an attempt to collect a debt against you ; however, the servicer/lender reserves the right to exercise the legal rights only against the property securing the loan obligation, including the right to foreclose its lien under appropriate circumstances. Nothing in this communication shall be construed as an attempt to collect against the borrower personally or an attempt to revive personal liability.\n\nIf you are a successor in interest ( received the property from a relative through death, devise, or divorce, and you are not a borrower on the loan ) that has not assumed, or otherwise become obligated on the debt, this communication is for informational purposes only and is not an attempt to collect a debt from you personally.\n\naccount remained 30 days delinquent as the loan was never completely brought current initially. The monthly installments totaled {$22000.00} which is less than {$24000.00} ; we have confirmed that all the funds have been applied to the loan correctly as follows : Hardest Hit Funds ( HHF ) Installment Due Date Total HHF Received Installment Received Date Installment Funds Applied To XX/XX/XXXX {$18000.00} XX/XX/XXXX Reinstatement Amount XX/XX/XXXX {$1600.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1600.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1600.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1600.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1600.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1000.00} XX/XX/XXXX Held In Suspense XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$1900.00} XX/XX/XXXX XX/XX/XXXX Furthermore, Mrs. XXXX expressed concern regarding unapplied funds on the account ; please note, there were previous unapplied funds in the amount of {$1400.00} which were being held in suspense ( unapplied funds account ) as the funds did not represent enough to complete a full monthly installment. These funds were disbursed to Mrs. XXXX  attention on XX/XX/XXXX. Currently, there is a suspense balance of {$340.00} on the account.\n\nAs indicated in the enclosed correspondence dated XX/XX/XXXX, we thoroughly reviewed the account and the previous responses that were sent to Mrs. XXXX attention and found that we provided her with erroneous information in our correspondence dated XX/XX/XXXX ( enclosed ). We incorrectly informed Mrs. XXXX that the State of Florida disbursed {$31000.00}. The correct amount that was disbursed to us on Mrs. XXXX behalf from the State of Florida was a total of {$40000.00}. We have since apologized to Mrs. XXXX for this incorrect information in our correspondence dated XX/XX/XXXX, and confirmed that the correct funds and correct amounts have all been applied to her loan correctly.\n\nMrs. XXXX expressed concern regarding the interest rate. She believes that the interest rate should be at 4.000 %. Please note, we have reviewed the loan further and found that the above-referenced loan has been previously modified under the Home Affordable Modification Program ( HAMP ) in XX/XX/XXXX, which permanently amended the Original Note. As per the HAMP payment schedule, the interest rate was scheduled to adjust to 4.000 % effective XX/XX/XXXX. However, due to the loan being on a Temporary Loan Modification at the time that this interest rate change was supposed to take place, the change did not take effect until the temporary modification expired. Please be advised, 4.875 % is the interest rate cap per the HAMP Modification Agreement ( enclosed ). Additionally, per page 2 section 2 of the Temporary Modification Agreement, the Principal and Interest ( P & I ) that Mr. and Mrs. XXXX  will pay after the Rate Reduction Period may change in accordance with the terms of the original Note or terms of an active modification to the original Note. We have enclosed a copy of the Temporary Modification Agreement for your review.\n\nPlease note, the loan was most recently reviewed for a Flex Modification on XX/XX/XXXX. On XX/XX/XXXX, the loan was denied for the Flex Loan Modification due to insufficient monthly installment reduction. This means we were unable to reduce the P & I installment by even one dollar. Please note, the requirement for this loan modification is that we reduce the monthly P & I installment, even if it is only by a dollar. Unfortunately, we were unable to accomplish this. We understand that Mrs. XXXX  would like for us to explore alternative ways to reduce the monthly mortgage payment such as extending the terms of the loan ; however, we do not set the modification guidelines and must follow the guidelines that are set forth by the investor of the loan. We have enclosed a copy of the Loss Mitigation Evaluation Notice dated XX/XX/XXXX for your review. Please note, if Mr. and Mrs. XXXX  wish to retain the property, they may reinstate the loan as we were unable to approve the loan for the Flex Modification. Due to the Chapter XXXX  Bankruptcy on the loan, please have Mrs. XXXX  contact our Bankruptcy Department at the telephone number listed below to obtain a current Reinstatement Quote. If Mr. and Mrs. XXXX are unable to reinstate the loan, they may also consider non-retention options such as a short sale or deed in lieu. Please find a description of the non-retention options below : Short Sale this option permits the borrowers to sell the home for less than the balance remaining on the mortgage loan. Depending upon applicable law and investor requirements, a borrower may or may not be required to pay funds to reduce the difference between the amount owed and the approved purchase price.\n\nDeed-In-Lieu this option permits the borrowers to voluntarily transfer the property to the owner of the mortgage to satisfy the debt. Depending upon applicable law and investor requirements, the borrower may be required to pay funds to reduce the difference between the amount owed on the loan and value of the property being transferred.\n\nDuring our investigation, we were able to identify the error on XX/XX/XXXX. The error discovered was the amount provided to Mrs. XXXX  of {$31000.00}, which we stated was the amount disbursed by the state of Florida in our correspondence dated XX/XX/XXXX. We have since provided Mrs. XXXX  with the correct amount disbursed by the state of Florida. Further, we sincerely apologize for any inconvenience and frustration this may have caused. We hope this letter is helpful in resolving the complaint.\n\nHardest Hit Funds Agreement HAMP Modification Agreement Temporary Modification Agreement Correspondence dated XX/XX/XXXX and five ( 5 ) Enclosures Correspondence dated XX/XX/XXXX and four ( 4 ) Enclosures Loss Mitigation Evaluation Notice dated XX/XX/XXXX If Mrs. XXXX should have any questions, she can reach the Single Point of Contact ( SPOC ) at : Single Point of Contact ( SPOC ) XXXX XXXX Phone Number : XXXX For general questions, please have Mrs. XXXX reach out to our Bankruptcy Department at XXXX. Our hours of operation are Monday through Friday from 8 a.m. to 5 p.m ( CT ). Visit us on the web at www.mrcooper.com for more information.\n\nI hope this information is helpful and addresses your concerns. If you have any specific questions about the information I have provided, please contact me directly, using the information below.\n\nSincerely, XXXX XXXX Mr. Cooper Customer Relations Specialist XXXX XXXX XXXX XXXX, TX XXXX Phone : XXXX Fax : XXXX E-mail : XXXX   Enclosures 15 By E-mail XXXX and CFPB Portal cc : XXXX XXXX and XXXX XXXX XXXX Are you experiencing a financial hardship? Our local non-profit partners can help with financial counseling and other services. Please visit these websites for assistance : Hud.gov XXXX","date_sent_to_company":"2019-07-30T00:27:01.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"33015","tags":null,"has_narrative":true,"complaint_id":"3322582","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2019-07-29T23:57:40.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["<em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, TX <em>XXXX</em> OUR INFO ONLINE www.mrcooper.com <em>XXXX</em> <em>XXXX</em> Division of Consumer Finance <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, FL <em>XXXX</em> <em>XX/XX/XXXX</em> ACCOUNT INFO LOAN NUMBER : <em>XXXX</em> CFPB Case Number : <em>XXXX</em> CASE NUMBER : <em>XXXX</em> and <em>XXXX</em> REFERENCE : <em>XXXX</em>   <em>PROPERTY</em> ADDRESS : <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, FL <em>XXXX</em> MORTGAGORS : <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>Dear</em> <em>XXXX</em> <em>XXXX</em> : Thank you for reaching out to us. We are looking forward to helping you."]},"sort":[11.692347,"3322582"]},{"_index":"complaint-public-v1","_id":"13696978","_score":11.336354,"_source":{"product":"Mortgage","complaint_what_happened":"CLASS ACTION COMPLAINT INTRODUCTION Plaintiffs XXXX XXXX and XXXX XXXX XXXX XXXX and XXXX XXXX individually ( collectively Plaintiffs ) and on behalf of all others similarly situated, bring this class action against Defendant XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX alleging ( XXXX ) breach of contract ; ( XXXX ) breach of the covenant of good faith and fair dealing ; ( XXXX ) violations of Nevada XXXX. XXXX  XXXX Deceptive XXXX Practices XXXX. XXXX XXXX  Private Corporations, XXXX XXXX XXXX Unfair Trade Practices in XXXX  and other listed states, corruption of General Business Law XXXX ; ( XXXX ) violations of the XXXX Consumer Fraud and Deceptive Business Practices Act, XXXX XXXX XXXX. XXXX. XXXX. XXXX et seq. ; and ( XXXX ) unjust enrichment. As outlined in Paragraphs XXXX, there is diversity jurisdiction over Plaintiffs claims according to the Class Action ADJUNCTIONS jointly referred to as Plaintiffs ) bring this Class action complaint on behalf of themselves, individually, and all others similarly situated, by and through their attorneys, against Defendants XXXX XXXX XXXXXXXX XXXX XXXX ) and D/B/A Onity, Quality Loans, XXXX, ( or jointly referred XXXX as Defendants ) and alleges upon information and beliefrness Act, XXXX XXXX. XXXX ( d ). \nNATURE OF THE ACTION XXXX. XXXX is XXXX of the countrys largest XXXX XXXX XXXX and has, for years, raked in millions of dollars in profit by unfairly and illegally up-charging borrowers for routine mortgage servicing activities. \" XXXX XXXX  XXXX benefits financially from continued fraudulent activities, increasing its profits by persuading borrowers to threaten foreclosure and auction during a property sale contract and a pending mortgage modification review. This compels borrowers to enter XXXX XXXX XXXX. Even during mitigation procedures, XXXX XXXX  XXXX persists in sending harassing mail and posting additional auction notices on the property 's front door. '' Case XXXX Document XXXX Filed XX/XX/XXXX Page XXXX of XXXX PageID : Plaintiffs make these allegations on information and belief, except for those allegations that pertain to Plaintiffs, or to Plaintiffs counsel, which Plaintiffs XXXX on personal knowledge. XXXX.. Plaintiffs make these allegations on information and belief, except those allegations that XXXX. Plaintiffs make these allegations on information and belief, with the exception of those allegations that pertain to Plaintiffs, or to XXXX counsel, which Plaintiffs allege on personal knowledge. XXXX. XXXX, While many violations are described below with specificity, this Complaint alleges violations of each statute cited in its entirety. XXXX. Unless otherwise indicated, the use of Defendants names in this Complaint includes all agents, employees, officers, members, directors, heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers of the Defendants. XXXX. XXXX found that significant reforms in the real estate settlement process are needed to ensure that consumers throughout the XXXX are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country. 12 U.S.C. 2601. XXXX. To address this finding, XXXX passed the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et. seq., ( RESPA ) in 1974. XXXX. The Consumer Financial Protection Bureau ( CFPB ) is the primary regulatory agency authorized by XXXX to supervise and enforce compliance of RESPA. XXXX. The CFPB periodically issues and amends mortgage servicing rules under Regulation X, 12 C.F.R. 1024, RESPAs implementing regulation. 12 U.S.C. 2617. XXXX. Under RESPA and XXXX XXXX, loan servicers, including Defendants, must provide borrowers with specific account information available to them in the regular course of business upon receiving XXXX. A servicer must respond within 30 days to a QWR for information or an XXXX in XXXX of XXXX ways : ( XXXX ) provide the requested information, or ( XXXX ) conduct a reasonable search for the requested information and provide the borrower with written notification explaining the basis for the servicers determination that the requested information is not available. 12 C.F.R. 1024.35 ( d ) ( XXXX ) ( i ) ( ii ). XXXX. In its official commentary to XXXX XXXX, the CFPB outlines what constitutes not available. Information is not available if : [ ( XXXX. ) ] The information is not in the servicer 's control or possession, or [ ( XXXX. ) ] The information can not be retrieved in the ordinary course of business through reasonable efforts. XXXX XXXX. XXXX, XXXX. I, XXXX ( d ) ( XXXX ) ( ii ). XXXX. As an example of available information, the CFPB provides the following in its official commentary to Regulation X : XXXX. The borrower has requested a copy of the telephone communications with the servicer. The servicer 's personnel have access to these communications in the ordinary course of business. Audit recordings, files with organized recordings, or transcripts of borrower telephone communications are maintained and can be provided to the borrower through reasonable efforts. The information requested by the borrower shall not be restricted and is available by XXXX CFR XXXX Supp. XXXX. I. XXXX ( d ) ( XXXX ). ( ii } Hired counsel has requested documents and telephone conversations, and the request was refused. ( Emails from XXXX illustrate denial and copies were not available. XXXX. Defendants have neglected to fulfil their duty to provide information available to it in the regular course of business to Plaintiffs upon receipt of Plaintiffs QWR and RFI. XXXX XXXX XXXX XXXX XXXX XXXX Filed XX/XX/XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. As alleged in greater detail below, Defendants have proved a pattern or practice of failing to adequately respond to borrowers requests for account information, which makes Defendants liable for statutory damages in an amount up to {$2000.00} for each failure to adequately respond. XXXX XXXX XXXX ( f ). XXXX. Notwithstanding this glaring failure to abide by its statutory duty, and despite Plaintiffs informing Defendants of its failure, Defendants continue to incorrectly state that [ a ] communications with the vendors, collection notes, recorded calls, and notes, transcripts of phone call [ sic ] are for internal purposes only. Jurisdiction and Venue XXXX. XXXX. XXXX. XXXX. XXXX. This court has subject matter jurisdiction over this action under XXXX XXXX XXXX because the action arises out of violations of RESPA, a federal law. XXXX. This XXXX has personal jurisdiction over Defendants because Defendants conduct business in XXXX  and maintain significant contacts within the state. XXXX. Venue is appropriate in the United States XXXX XXXX for the District of XXXX  according to XXXX XXXX XXXX for the following reasons : ( i ) Plaintiffs reside in XXXX XXXX, XXXX  which is within this judicial district ; ( ii ) the conduct complained of herein occurred within this judicial district ; and ( iii ) Defendants conducted business within this judicial district at all relevant times. Parties XXXX. Parties Plaintiffs are residents and citizens of XXXX XXXX, in the XXXX of XXXX. XXXX. On information and belief, XXXX principal place of business and headquarters and XXXX XXXX XXXX. On information and belief, XXXX principal place of business and headquarters is in XXXX XXXX XXXX, Florida. Factual Allegations paragraphs of this Complaint as if fully stated herein. XXXX. On XX/XX/XXXX, Plaintiffs mailed a Qualified Written Request to Notice of Error and Request to XXXX Mortgage XXXX. In this letter, in paragraphs XXXX and XXXX, XXXX asked for several documents including [ a ] copy of any recordings [ and a ] copy of any and all transcripts of conversations with [ Plaintiffs ] or any other person concerning [ Plaintiffs ] account. Information pursuant to the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( XXXX ), and Regulation X, XXXX C.F.R. XXXX, XXXX. XXXX. On or about XX/XX/XXXX, XXXX counsel received a partial response to Plaintiffs XX/XX/XXXX Qualified Written Request from Defendant XXXX. In this response, XXXX. Defendant XXXX failed to provide any of the requested recordings. XXXX. On XX/XX/XXXX, Plaintiffs, through XXXX counsel, sent a second Qualified Written Request to XXXX, again specifically requesting the recordings and transcripts of conversations. XXXX. On XX/XX/XXXX, Defendants mailed Plaintiffs counsel a letter that said : Thank you for the recent communication regarding the account referenced above in which you requested that we respond to the queries outlined in the correspondence. All communications with the vendors, collection notes, recorded calls, notes, transcripts of phone calls are for internal purposes only. Therefore, we are unable to provide you with any details related to the recorded calls, texts, notes or transcripts as requestedWe trust that the information provided has fully addressed the concern. XXXX. Plaintiffs are informed and believe and hereupon allege that Defendants have refused to produce recordings for possibly hundreds if not thousands of consumers that have requested them. XXXX. Plaintiffs are informed and believe and hereupon allege that Defendants can easily produce the requested recordings through reasonable business efforts. XXXX. Plaintiffs are informed and believe and hereupon allege that Defendants have no proper basis to conclude that telephone recordings and transcripts are for internal purposes only. XXXX. Defendants ' blanket refusal to Plaintiffs appears to be a uniform template response sent to many consumers, which shows a pattern and practice of non-compliance with RESPA. XXXX. Furthermore, at least XXXX requests were made by Plaintiffs for the recordings in question and Defendants failed to produce the recordings in response to each request, which further illustrates its pattern and practice of non-compliance. Choice of XXXX XXXX. The XXXX of XXXX  has sufficient interest in the conduct at issues in this complaint, such that Massachusetts law may be uniformly applied to the claims of the purpose of a XXXX XXXX XXXX XXXX. Defendants do substantial business in Massachusetts, and a significant portion of the proposed Class are located in XXXX. Moreover, Defendants avail themselves to these XXXX  citizens by soliciting directly to them. XXXX. The XXXX of XXXX  also has the greatest interest in applying its law to XXXX members claims. XXXX  governmental interest includes protecting resident consumers against unfair or deceptive acts or practices. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX, XXXX ( XXXX. XXXX ). XXXX. If other states laws were applied to XXXX members claims, Massachusetts interest in discouraging resident corporations from engaging in the sort of unfair and deceptive practices alleged in this complaint would be significantly impaired. XXXX. XXXX  could not effectively regulate companies like Defendants, which does business throughout the United States, if it can only ensure remuneration for consumers from XXXX of the XXXX states affected by conduct that runs afoul of its laws. XXXX XXXX Allegations XXXX. Plaintiffs bring this action on behalf of themselves and on behalf of all others similarly situated ( the XXXX ), pursuant to XXXX XXXX XXXX XXXX XXXX ( b ) ( XXXX ), ( b ) ( XXXX ) and/or ( b ) ( XXXX ). XXXX. The putative Class that Plaintiffs seek to represent is composed of : All persons within the United States who have or have had a mortgage loan with Defendants and who within XXXX years from the filing of this Complaint have requested copies of audio recordings or transcripts of phone calls between themselves and Defendants pursuant to XXXX XXXX. XXXX ( XXXX ) ( XXXX ) ( A ) and XXXX. XXXX. XXXX and who have subsequently been denied access to those audio recordings by Defendants. XXXX. Excluded from the XXXX are any Defendants officers, directors, employees, affiliates, legal representatives, attorneys, heirs, and assigns, and any entity in which Defendants have a controlling interest. Judicial officers presiding over this case, its staff, and immediate family members, are also excluded from the XXXX. XXXX. Plaintiffs do not know the number of members in the Class but believes the XXXX members number in the several thousands, if not more. Such information can be ascertained through XXXX from records maintained by Defendants. Thus, this matter should be certified as a XXXX action to assist in the expeditious litigation of this matter. XXXX. There is a well-defined community of interest among the members of the Class because common questions of law and fact predominate, Plaintiffs claims are typical of the members of the XXXX, and Plaintiffs can fairly and adequately represent the interests of the XXXX. XXXX. Common questions of law and fact exist as to all members of the XXXX, and predominate over any questions affecting solely individual members of the XXXX. Among the questions of law and fact common to the XXXX are : a. Whether Defendants failed to provide audio recordings of telephone calls between Defendants and Class members as required under RESPA ; b. Whether Defendants failed to conduct a reasonable investigation as required pursuant to XXXX C.F.R. XXXX ( d ) ( XXXX ) ( i ) ( XXXX ) ; ase XXXX Document XXXX Filed XX/XX/XXXX Page XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Whether Plaintiffs and the Class are entitled to damages under XXXX XXXX XXXX ( f ) ; XXXX Whether Defendants demonstrates a pattern or practice of failing to respond to borrowers QWRs and RFIs. ) Whether Defendants conduct violates XXXX XXXX. XXXX et. seq. ; and e. Whether Plaintiffs and the putative XXXX and XXXX members are entitled to injunctive relief as sought herein XXXX. Plaintiffs claims are typical of those of the other XXXX members because Plaintiffs, like every other XXXX member, requests audio recordings or transcripts of telephone calls between Plaintiffs and Defendants, and Defendants refused to provide them. XXXX. Plaintiffs will fairly and adequately protect the interests of the XXXX and XXXX. Moreover, Plaintiffs have no interest that is contrary to or in conflict with those of the XXXX they seek to represent during the XXXX XXXX. XXXX. In addition, Plaintiffs have retained competent counsel experienced in Class action litigation to further ensure such protection and intend to prosecute this action vigorously. XXXX. The prosecution of separate actions by individual members of the Class and would create a risk of inconsistent or varying adjudications concerning individual members of the Class, which would establish incompatible standards of conduct for the Defendants in the State of XXXX  and would lead to repetitious trials of the numerous common questions of fact and law in the State of XXXX. Plaintiffs know of no difficulty that will be encountered in the management of this litigation that would preclude its maintenance as a XXXX action. As a result, a XXXX action is superior to XXXX XXXX XXXX XXXX XXXX XXXX Filed XX/XX/XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX other available methods for the fair and efficient adjudication of this controversy. XXXX. Proper and sufficient notice of this action XXXX be provided to the XXXX members through direct mail and email. XXXX. Moreover, the XXXX members individual damages are insufficient to justify the cost of litigation, so that in the absence of Class treatment Defendants violations of law inflicting substantial damages in the aggregate would not be remedied without certification of the XXXX. XXXX. Absent certification of this action as a XXXX action, Plaintiffs and the members of the XXXX will continue to be damaged by Defendants refusal to comply with RESPA. First Cause of Action Violations Of The Real Estate Settlement Procedures Act, XXXX U.S.C XXXX et. XXXX. XXXX. Plaintiffs re-allege and incorporate by reference all of the above paragraphs of this Complaint as though fully stated herein. XXXX. Plaintiffs loans with Defendants were at all times relevant a federally related mortgage loan as defined by XXXX XXXX. XXXX ( XXXX ). XXXX. Defendants are, and was at all times, a loan servicer as defined by XXXX C.F.R. XXXX. XXXX. Each plaintiff and Defendant are persons as defined by XXXX XXXX. XXXX ( XXXX ). XXXX. A failure to follow regulations promulgated by the CFPB in XXXX XXXX is per XXXX a violation of RESPA. XXXX XXXX. XXXX ( k ). XXXX. Plaintiffs request for audio recordings was both a QWR pursuant to XXXX XXXX. XXXX ( XXXX ) ( XXXX ) ( A ) and an RFI pursuant XXXX C.F. XXXX XXXX XXXX XXXX Filed XX/XX/XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX recordings and transcripts of phone calls with borrowers are information available in the regular course of business to Defendants. See XXXX C.F.R. XXXX, XXXX. I, XXXX ( d ) ( XXXX ) ( ii ). XXXX. Defendants failed to provide Plaintiffs with requested information available to Defendants in the ordinary course of business. Consequently, Defendants violated XXXX XXXX. XXXX ( XXXX ), XXXX XXXX. XXXX ( k ) and XXXX C.F.R. XXXX. XXXX. Defendants further violated XXXX XXXX. XXXX ( XXXX ), XXXX XXXX. XXXX ( k ), and XXXX C.F.R. XXXX by failing to adequately investigate and respond to Plaintiffs requests. XXXX. Plaintiffs are informed and believe that at least XXXX other similarly-situated borrowers who have requested audio recordings or transcripts of telephone calls between themselves and Defendants only to be likewise denied access to that information by Defendants. XXXX. This is sufficient to demonstrate a pattern or practice under RESPA. As such, Defendants are liable for statutory damages in the amount of up to {$2000.00} per violation pursuant to 12 U.S.C 2605 ( f ) Prayer For Relief WHEREFORE, Plaintiff respectfully requests the Court grant Plaintiffs the following relief against Defendant : That the Court determine this action may be maintained as a Class Action by certifying this case as a Class Action as to the Class ; That the Court appoint Plaintiffs to serve as the Class Representatives in this matter and appoint Plaintiffs Counsel as Class Counsel ; That Defendants wrongful conduct alleged herein be adjudged and decreed to violate the statutes and laws asserted herein ; That Defendants wrongful conduct alleged herein be adjudged and decreed to violate the statutes and laws asserted herein ; and That Plaintiffs and the Class be awarded injunctive relief prohibiting such conduct in the future. Injunctive relief prohibiting such conduct in the future. Injunctive relief ordering Defendants to release audio recordings and transcripts of telephone calls to XXXX and XXXX members. Statutory damages in an amount of {$2000.00} per violation to each of the named Plaintiffs individually and to each member of the Class pursuant to XXXX XXXX XXXX ( f ) An award of actual damages according to proof per violation to each of the named XXXX individually and to each member of the Class pursuant to XXXX XXXX. XXXX ( f ). XXXX fees and costs Any and all further relief that this XXXX deems just and proper. XXXX XXXX XXXX XXXX. Pursuant to the XXXX amendment to the Constitution of the United States of America, Plaintiffs are entitled to, and demands, a trial by jury Addtional mail to XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Formal Notice Regarding Unlawful Conduct, Harassment, and Violation of Federal Regulations Dear XXXX XXXX, I am writing to formally express my grave concerns regarding XXXX XXXX XXXX surrounding the foreclosure and auction of my property located at XXXX XXXX XXXX XXXX. Based on evidence in my possession and communications exchanged, I believe XXXX XXXX has engaged in unlawful practices, including violations of the Real Estate Settlement Procedures Act ( RESPA ), unlawful harassment, trespassing, and acts that XXXX constitute violations under the XXXX XXXX and Corrupt Organizations Act ( XXXX ). \nFollowing the auction of my home on XX/XX/XXXX, despite pending complaints filed with the Consumer Financial Protection Bureau ( CFPB ), the Nevada Attorney Generals office, the XXXX Department of Justice, and other relevant agencies, your firm has continued to assert claims over my property under legally questionable circumstances. \nFurther, your demand that I sign a document effectively waiving claims against your firm regarding the fraudulent auction raises serious concerns. The coercive nature of this request, coupled with the threat of a writ of possession and eviction proceedings, constitutes unlawful duress and appears to be an attempt to circumvent accountability. \nAdditionally, XXXX XXXX actions demonstrate potential violations under federal law, including, but not limited to : RESPA Violations : Unfair mortgage servicing practices, misleading foreclosure processes, and failure to adhere to compliance guidelines. \nXXXX Violations : A pattern of fraudulent activities affecting multiple homeowners, including deceptive practices designed to dispossess individuals of their properties. \nHarassment and Trespassing : Unlawful intimidation tactics, improper eviction threats, and attempts to coerce signatures under duress. \n\nGiven the aforementioned legal concerns, I demand that XXXX XXXX immediately cease all improper eviction efforts and provide written assurance that no further coercion or threats will be made. Furthermore, I insist on a formal response addressing the fraudulent actions taken against my property and an explanation for the auctions legality despite pending complaints. \nFailure to comply with this demand may result in further legal action, including but not limited to formal litigation under applicable federal statutes and reporting to oversight agencies for investigation. I strongly urge XXXX XXXX to reconsider its position and avoid engaging in further conduct that may expose it to severe legal consequences. \nI expect a written response to this letter within XXXX ( XXXX ) days of receipt. I reserve all rights to pursue further legal action against XXXX XXXX and its representatives. \nSincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX and XXXX XXXX. \nFurthermore, your letter contains coercive language and threats regarding an immediate writ of possession should I not comply with the stipulated agreement. This persistent pressure, despite pending legal review, imposes undue duress and further substantiates claims of harassment and procedural misconduct","date_sent_to_company":"2025-05-25T02:19:56.000Z","issue":"Struggling to pay mortgage","sub_product":"FHA mortgage","zip_code":"89183","tags":"Older American","has_narrative":true,"complaint_id":"13696978","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Aldridge Pite, LLP","date_received":"2025-05-25T00:34:59.000Z","state":"NV","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":["On <em>information</em> and belief, <em>XXXX</em> principal place of business and headquarters and <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>. On <em>information</em> and belief, <em>XXXX</em> principal place of business and headquarters is in <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, Florida. Factual Allegations paragraphs of this Complaint as if fully stated herein. <em>XXXX</em>. On <em>XX/XX/XXXX</em>, Plaintiffs mailed a Qualified Written Request to Notice of <em>Error</em> and Request to <em>XXXX</em> Mortgage <em>XXXX</em>."]},"sort":[11.336354,"13696978"]},{"_index":"complaint-public-v1","_id":"3279868","_score":11.271171,"_source":{"product":"Mortgage","complaint_what_happened":"TO : Consumer Financial Protection Bureau RE : Fay Mortgage Services a division of Fay Servicing LLC Borrower Account Number - XXXX Regulated by Colorado Division of Real Estate CC : Colorado Division of Real Estate XXXX XXXX XXXX XXXX XXXX, Co XXXX XXXX CC : Fay Servicing , LLC XXXX XXXX XXXX XXXX, XXXX   XXXX XXXX, IL XXXX Attention : XXXX XXXX XXXX and XXXX XXXX General Counsel Facsimile : ( XXXX ) XXXX and ( XXXX ) XXXX XXXX XXXX : Fay Servicing LLC NMLS # XXXX Dear CFPB Complaint Department, I am writing to request your assistance on a serious issue Im facing with Fay Servicing LLC. Attached below this cover letter is a detailed letter that outlines the issues surrounding my complaint. This letter was sent directly to Fay Servicing on XX/XX/XXXX. As of this date I have received no response from Fay Servicing. This lack of response has been a typical experience regarding my numerous requests ( over 26 times ) on this matter over the last few years. \n\n\n\nSpecifically, the issue concerns my payoff balance which is being incorrectly calculated by Fay Servicing who purchased the loan from XXXX as an in-flight modification in XXXX. This was the second modification that XXXX completed for me after my suffering a XXXX XXXX and the global financial crisis which had cost me a very high paying job and thereby impacting my ability to pay my mortgage. The deferred balances on the deferral was then written off as a cancellation of debt by XXXX which you will find proof as an attachment from the IRS below. All of this has been shared with Fay Servicing over the years on multiple occasions. In an effort to resolve this issue, I repeatedly requested copies of modification documents, the amount that Fay Servicing ( or their investor client ) had paid for the mortgage loan they acquired from XXXX ( which would provide an insight into the balance question and the simple math calculation which I explain in detail in the letter below ) and requesting the amount Fay ( or their investor client ) had paid for the payoff deferral, if any, which is the major source of the problem. Thus far, they have been unable to provide this information. \n\n\n\nThe real estate crisis also negatively impacted the value of my home from $ XXXX appraisal in XXXX to less than $ XXXX at the height of the financial crisis. After the loan was purchased by XXXX, I leveraged all my assets to bring the loan current and avoid foreclosure in XXXX. Although I realize I became delinquent in my payments, I feel my personal commitment to not walk away from my obligations has not been embraced or respected ; rather has been met with multiple difficulties from financial institutions. This includes an interest rate increase ( per the modification ) in XXXX to 5.75 % which was well above the market at that time ( in the 3.5 % range ) because lenders ( including Fay Mortgage XXXX would not allow me to refinance a previously modified loan. \n\n\n\nFor 4 years I have been trying to sell my home believing that the market would recover my lost equity. On XX/XX/XXXX, I completed the sale of the home for $ XXXX and paid off the balance that Fay Servicing provided the Title Company. The payoff balance Fay provided was {$110000.00} above what I thought the payoff would be ; in addition, they also charged me multiple late fees totaling over $ XXXX which Ive explained below. I requested help from Fay to resolve this issue, or at a minimum provide me with a reconcilement proving the higher payoff balance was correct. I was concerned if I did not close on the sale of the property it might be a long wait to find another buyer. I paid off the loan on XX/XX/XXXX to include the additional {$110000.00} and $ XXXX in fees. In addition to the incorrect calculation of the deferred balance of {$110000.00}, as stated above Fay Servicing also charged me multiple late fees totaling over $ XXXX. Upon paying the back payments in XXXX I was told by a representative from Fay Servicing that as long as my payment was received in the current month they would not be charging the late fees ( Ive asked XXXX to check their phone recordings to find these conversations for validation ) and given my limited income I informed them I would need to pay at the end of the month rather than the beginning. In full transparency, I was told by a representative in XXXX XXXX that this procedure for late fees was being changed and from that time forward the fee would be charged if not received before the XXXX. I requested that they then waive the previous fees ( approx $ XXXX ) and I would be responsible for all late fees after that time. Fay ignored my numerous requests to address this issue as well, and at closing Fay Servicing charged me the entire $ XXXX amount. \n\n\n\nPlease provide assistance to resolve this issue. I do have legal counsel to recover the estimated {$130000.00} ( {$110000.00} deferred amount + {$21000.00} in late fees ) as well as any punitive damages possible. Due to cost of lawyers I am hoping your organization can assist before I fully engage counsel. While I appreciated the assistance XXXX gave me with the modifications to keep me and my family in our home during those tough years, the circumstances that resulted after the sale of my mortgage to Fay Servicing have been highly stressful and in my opinion unfair and illegal. Fay has taken advantage of my hard work to resolve my obligations by overcharging me at every opportunity and compounding the issue by ignoring my numerous efforts for resolve. \n\n\n\nThank you, XXXX XXXX XXXX COMPLAINT LETTER TO FAY BELOW Re : Borrower -  Loan # XXXX Fay Servicing XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX copies to CFPB Error Resolution notice under 12 C.F.R 1024.35 Fay Servicing and cc 'd XXXX XXXX CEO Fay Servicing XXXX XXXX XXXX XXXX IL XXXX XXXX : Mortgage Loan # XXXX This letter provides information that Fay Servicing is relying on incorrect payoff balance data with the request to release the Title for the property at XXXX XXXX XXXX XXXX XXXX XXXX and causing me unjust and unfair damages accordingly. Since XXXX I have inquired over 26 times both by phone and in writing that the payoff on my loan is incorrect and have sought help from a supervisor or manager to resolve the matter ( you will hear my request on the dozens of recorded phone calls with 17 different Fay representatives during the timeframe of XXXX to present ). Your website does not allow me to look at statement history for previous years nor does it allow a detailed look since loan inception of amortization history so much of the details I provide here were given to me directly by your reps who apparently can see more than the website than borrowers can see. \n\n\n\nAs background, Fay Servicing acquired my loan from XXXX ( XXXX was also my former employer ) in XXXX as an in flight modification loan. XXXX had modified the loan twice since the original loan for {>= $1,000,000} due to my suffering a serious health issue, losing my income and coinciding with the global financial crisis beginning in XXXX. The second modification by XXXX occurred just prior to the time that Fay purchased the loan in XXXX ( in flight ). Prior to Fay taking over the loan and under the terms of the modification, XXXX wrote down {$400000.00} of principal and sent me a tax filing notice ( see attached ) of that amount. The {$400000.00} write-down was the combined amount of the two previous modification agreements and deferred balances that XXXX completed on my loan. \n\n\n\nIn XXXX Fay began Foreclosure proceedings against me for delinquent payments during the negotiation of the second modification and subsequently to Fay taking over the loan. Because my financial situation had improved, and because I believed the house had potential to recover from the financial meltdown that had impacted both my income and value of my property, I paid a large sum of money to Fay to stop the Foreclosure. ( Note-The procedures applied by Fay during this pre-foreclosure period will also be investigated as part of this complaint as I now better understand the laws protecting consumers and I question the way in which this was completed by Fay Servicing ). \n\n\n\nShortly after paying the large sum to stop the foreclosure, and under the terms of the second modification, the interest rate reset to a higher rate ( 5.75 % ) further adding to my already strained income. I began seeking refinance options as the current market rate at the time was in the 3.4 % -3.75 % range but was told by numerous banks, including the Fay Mortgage team, that we could not refinance because the loan was a previously modified loan. \n\n\n\nWe decided to sell the property and listed it with a realtor in XX/XX/XXXX at a price of {>= $1,000,000}. At that time, we provided our realtor with a recent monthly statement from Fay Servicing showing principal balance of approximately {$890000.00} ( Note : at that time the monthly statement was reporting the correct payoff ). A potential buyer presented an offer for the house at {>= $1,000,000} and the realtor requested that we seek a formal payoff at that time. Fay provided a payoff balance {>= $1,000,000} which included an additional deferred amount of {$110000.00} plus late penalties. It was at this time we realized that Fay was incorrectly calculating the pay-off balance on our loan by erroneously adding back the original deferred balance that XXXX had previously written off as part of the second modification ( and during the time Fay acquired the loan ). Applying simple math tells the story : Original Loan {>= $1,000,000} XXXX XXXX write down ( {$400000.00} ) Principal Paid since origination ( {$110000.00} ) Payoff estimate {$830000.00} Recognizing the error and believing it to be based on incorrectly interpreting the modification documents ( we believe Fay reps were looking at the original deferral {$110000.00} from the first loan modification at XXXX and applying it to the current payoff when that amount had already been written off by XXXX ) I vigorously began to request assistance to correct the error, speaking almost monthly to Fay reps requesting assistance of a supervisor and proof of the original documentation ( or any documentation ) to settle this dispute. During this time the prospective buyer rescinded the offer because we were not able to negotiate a price given the misinformation that Fay was relying on as payoff. \n\n\n\nOver the last few months we have again been approached by a potential buyer. I requested payoff information and received the same incorrect result. Fay has not provided me with proof in writing of how, and why, they are calculating this amount and have told me that Fay does not have any original XXXX documentation only various scanned copies to a computer. I was told by your rep Ms. XXXX that she had called XXXX to request more information but has not been able to speak with anyone, but that she was satisfied that Fay is correct in its calculation. This is completely unacceptable, and I believe illegal, and I intend to seek all my options to resolve this matter. \n\n\n\nFay Servicing has caused me harm in multiple ways by denying contact for years with supervisors, neglecting call backs and not providing requested supporting documentation for their erroneous mistakes. Unless Fay provides immediate response along with the corrected payoff information to the XXXX XXXX listed below immediately, I will instruct my counsel to begin rigorous legal action on multiple complaints. \n\n\n\nSincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attn : XXXX XXXX XXXX XXXX Co. \n\nXXXX XXXX XXXX XXXX XXXX XXXX Co XXXX Fax XXXX","date_sent_to_company":"2019-06-19T14:12:27.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"441XX","tags":null,"has_narrative":true,"complaint_id":"3279868","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fay Servicing, LLC","date_received":"2019-06-19T13:56:58.000Z","state":"OH","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Thank you, <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> COMPLAINT LETTER TO FAY BELOW Re : Borrower -  Loan # <em>XXXX</em> Fay Servicing <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> copies to CFPB <em>Error</em> Resolution notice under 12 C.F.R 1024.35 Fay Servicing and cc 'd <em>XXXX</em> <em>XXXX</em> CEO Fay Servicing <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> IL <em>XXXX</em> <em>XXXX</em> : Mortgage Loan # <em>XXXX</em> This letter provides <em>information</em> that Fay Servicing is relying on incorrect payoff balance data with the request to release the Title for the <em>property</em> at <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> and"]},"sort":[11.271171,"3279868"]},{"_index":"complaint-public-v1","_id":"2977308","_score":10.40958,"_source":{"product":"Mortgage","complaint_what_happened":"US Bank unilaterally changed a credit line into TWO mortgage loan notes, then attempted to foreclose on my domicile multiple times. The full complaint has been previously submitted and responded to by the Consumer Advocacy Specialist at the US Bank, however, the response avoided the main issue : which is the unlawful exparte judgment, the unlawful doubling of the loan during the HAMP application, auctioning off my domicile after a bankruptcy was filed, changing the payoff amount arbitrarily, counteracting their own paperwork. \n\nI must have the original note. There is no signed mortgage. How can they attempt to foreclose on a home without a mortgage. \n\nThe credit line is the only paperwork that is signed and lawful. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX XXXX, Consumer Advocacy Specialist Case number # XXXX XX/XX/XXXX Dear XXXX XXXX, I am in receipt of your letter dated XX/XX/XXXX Your letter fails to address the following : 1 : You had an exparte judgment, which is unlawful. This is a judgment ofXX/XX/XXXX. \n2 : US Bank did NOT inform me about any hearing for a judgment. This is unlawful.\n\n3 : The judgment has been vacated by an Affidavit of Truth and by a Writ of Error. US Bank refuses to accept the vacated judgment.\n\n4 : There was no note other than a credit line number XXXX which you admit in your letter. The other mortgages were manufactured by the bank for their own purposes.\n\n5 : US Bank returned my regular monthly payment check for no reason given.\n\n6 : After the rejection of my monthly payment I applied for the HAMP program.\n\n7 : The loan amount was doubled in the HAMP program. In your letter you have made NO mention of the unlawful activity of the doubling of the HAMP program.\n\nConsequent to the unlawful activity of the HAMP program, I was forced to declare bankruptcy to protect my home.\n\nThere was only one true bankruptcy. The first two were dismissed because of inaccurate paperwork.\n\nThe third was dismissed due to misfiling.\n\nPlease provide proof of the following : A : Provide proof of a denial of the Writ of Error to vacate the judgment of XX/XX/XXXX B : Provide copies of any notifications sent to me regarding any hearing for any judgment before XX/XX/XXXX.C : Provide proof that my being able to file in court is lawful and remains unchallenged. \nD : Provide proof of any original note regarding my loan.\n\nE : Provide an Asset Balance Sheet regarding my property.\n\nF : Answer the subpoena issued to you before my bankruptcy was filed in the first instance.\n\nG : Provide paperwork to show the change of the credit line created by US Bank, transferring the credit line into a promissory note. This must show my signatures on the transfer or pay off For your information : The Loss Mitigation program is the very same that was started in XXXX, but due to the inefficiency of your bank and its departments there were at least 4 application refiled because the applications were lost or so I was informed. \nThe reason for the extension of any servicing of the credit line is not because of me, but because of the inefficiency of your bank and its various departments. \nYou admit in your letter that the credit line was changed by the US Bank, who paid off the credit line! Who gave the authority for that to happen? \nYou claim in your letter At no time throughout the history of this Mortgage Loan have there been any handling or servicing issues. Yet you admit the credit line was changed to a mortgage loan.\n\nRegarding your comment about the incomplete applications : All previous applications were lost by Relationship Managers who were changed.\n\nPlease review the number of Relationship Managers on my case. The inefficiency is appalling.\n\nFinally, you are in error about the wrong address. During a hearing with Judge XXXX the correct address was given in court by me and was logged in court records. \nYet : : DESPITE the correct information the debt collectors continued to send notification to the wrong address, attempt to auction my home without sending me notification, attempt to have a hearing with Judge XXXX, without sending me notification, due to which Judge XXXX was recused. \nPlease correct the statement regarding the {$88000.00} sent to you after the sale of my condo in XXXX : The payment was interbank and not by me. I do not personally handle such large sums of money. \nThat US Bank can not find it is further proof of inefficiency on the part of US Bank. \nCurrently, the Loss Mitigation department is working with me on my application. \nI hold US Bank responsible for : * Attempting to auction off my home while I am under the HAMP /Loss Mitigation program. This is against Federal Law.\n\n* Actually auctioning off my home after bankruptcy was filed. This is against Federal Law.Can you imagine the enormous pressure and anguish created on me by the US Bank for these repeated unlawful attempts of auctioning my domicile? People are peering into my windows and trampling through my garden and ringing my doorbell looking to buy my domicile. Is this bullying and harassment by the debt collectors authorized by US Bank? Either the US Bank or the debt collectors or both are to be held accountable for this bullying and harassment.\n\nEach and every unlawful auction attempt is accountable for by US Bank.\n\nIn closing, the legal counsel you mention are debt collectors. You had hear that announcement on their recording of their office answering machine yourself. Debt collectors are not allowed to foreclose on a home. They have purchased the debt of the bank, the US Bank in this case. \nPlease provunilateralylide the responses demanded in this letter within 14 days. \nSigned, XXXX XXXX.","date_sent_to_company":"2018-07-30T21:01:25.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"61201","tags":null,"has_narrative":true,"complaint_id":"2977308","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"U.S. BANCORP","date_received":"2018-07-30T20:36:35.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["<em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, IL <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, Consumer Advocacy Specialist Case number # <em>XXXX</em> <em>XX/XX/XXXX</em> <em>Dear</em> <em>XXXX</em> <em>XXXX</em>, I am in receipt of your letter dated <em>XX/XX/XXXX</em> Your letter fails to address the following : 1 : You had an exparte judgment, which is unlawful. This is a judgment ofXX/XX/<em>XXXX</em>. \n2 : US Bank did NOT inform me about any hearing for a judgment. This is unlawful.\n\n3 : The judgment has been vacated by an Affidavit of Truth and by a Writ of <em>Error</em>."]},"sort":[10.40958,"2977308"]},{"_index":"complaint-public-v1","_id":"2730863","_score":8.840956,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX\n\n\n                                             \nXXXX XXXX XX/XX/XXXX submitted https//complaint.consumerfinance.govXXXX ID For 10th Complaint Sent To Citizens Bank XXXX-\n\n\n\nThe Honorable XXXX XXXX XXXX XXXX,\nChair, Board of Governors of the Federal Reserve\nFederal Reserve Board\nXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX  &\nXXXX XXXX XXXX, Chairman, President & CEO\nRBS Citizens Financial Group\nXXXX XXXX XXXX XXXX, Rhode Island XXXX\n(XXXX) XXXX XXXX\n\n\nThe Honorable XXXX XXXX XX/XX/XXXX email to https//complaint.consumerfinance.govXXXX  \nCEO XXXX XXXX XXXX, XX/XX/XXXX email to XXXX\n\n\n                         CFPB Complaint Number XXXX Submitted To CFPB XX/XX/XXXX\n                         CFPB Complaint Number XXXX   Submitted To CFPB XX/XX/XXXX\n                         CFPB Complaint Number XXXX Submitted To CFPB XX/XX/XXXX\n                         CFPB Complaint Number XXXX Submitted To CFPB XX/XX/XXXX\n                         CFPB Complaint Number XXXX Submitted To CFPB XX/XX/XXXX\n                         CFPB Complaint Number XXXX-            Submitted To CFPB XX/XX/XXXX\n\n\n\n\nDear The Honorable XXXX XXXX & CEO XXXX XXXX,                                                                         \n                                                                                                                                                            I present to you my 10th Complaint.   I petition you to thoroughly investigate for your priceless determinations of resolutions.  My XX/XX/XXXX 10th Citizens Bank Complaint is addressed in a statement with supporting Citizens Bank Home Equity Loan documentation.\n\nPlease discover I am truly deeply grateful to you for your important priceless attention.  I deeply look forward to discovering your Complaints determinations.  If you may have any questions I can answer for you during your deliberations, please dont hesitate to call me at (XXXX) XXXX XXXX or email me XXXX.\n\nXXXX XXXX XX/XX/XXXX 10th Complaint  Citizen Bank Consumer Finance With Home Equity Loan Department Has Acted Without Merit & Unreasonably Taking $XXXX   Loan Payment On XX/XX/XXXX When For Twenty Minutes XXXX XXXX Stated To Citizens Home Equity Loan Agent XXXX XXXX Was Authorizing A Loan Payment of $XXXX Principal + $XXXX Interest = $XXXX  NOT $XXXX For XXXX XXXX Had Paid A $XXXX Property Tax Bill On XX/XX/XXXX, A Condition Of The Home Equity Loan & Said Unreasonable Citizens Bank Consumer Finance XX/XX/XXXX Action XXXX XXXX Did Not Have Available $XXXX Funds For The XX/XX/XXXX Autopay & The Citizens Bank Consumer Finance Have Been Charging Late Fees From XX/XX/XXXX Through XX/XX/XXXX.  For This Citizens Bank Consumer Finance With Home Equity Loan Department Act Violating XXXX XXXX Detailed XX/XX/XXXX Payment Statement & Act Violating XXXX XXXX Available Funding For The XX/XX/XXXX Autopay, XXXX XXXX Believes This Citizens Bank Department Violated Laws Of Federal Banking Regulations.\n\nXXXX XXXX freely believes the Citizens Bank Consumer Finance With  Home Equity Loan Department has acted without merit & unreasonably violating laws of Federal banking regulations when they withdrew $XXXX for a Home Equity Loan payment on XX/XX/XXXX NOT HONORING XXXX XXXX detailed XX/XX/XXXX Home Equity Loan payment statement to Home Equity Loan Department Agent XXXX  for 20 minutes starting at XXXX XXXX on XX/XX/XXXX, documented in XXXX XXXX CFPB Complaint # XXXX submitted at XXXX XXXX on XX/XX/XXXX.  Moreover,\nXXXX XXXX freely believes the Citizens Bank Consumer Finance With Home Equity Loan Department has acted without merit & unreasonably violating laws of Federal banking regulations when they withdrew a not authorized $XXXX for a Home Equity Loan payment on XX/XX/XXXX directly causing XXXX XXXX not to have available funds to make the XX/XX/XXXX $XXXX autopay, and furthermore the Citizens Bank Consumer Finance With Home Equity Loan Department has acted without merit & unreasonably violating laws of Federal banking regulations when they then charged Late Charges from XX/XX/XXXX through XX/XX/XXXX for their XX/XX/XXXX action causing XXXX XXXX to not have available funds to make the XX/XX/XXXX $XXXX autopay. \n\nXXXX XXXX supporting documentation the XXXX XXXX  XX/XX/XXXX (XXXX) XXXX XXXX call XXXX had with Home Equity Loan Department Agent XXXX, a Citizens Bank recorded call with truthful notes taken by XXXX XXXX and the Citizens Bank Home Equity Loan documentation from XX/XX/XXXX through XX/XX/XXXX.\n\nContent of XXXX call with XXXX:\n\tXXXX asks of XXXX, is he an Agent of the Citizens Bank Home Equity Loan Department.  XXXX answer  yes.\n\tXXXX states to XXXX she wants her statement noted on her Home Equity Loan account for Citizens Bank has not taken the XX/XX/XXXX autopay for her account XXXX:  one month ago XXXX stated to Agent XXXX she had Social Security funds for account XXXX   autopays & XXXX  is responsible for the Home Equity Loan conditions & on XX/XX/XXXX XXXX paid the XXXX XXXX XXXX $XXXX property tax bill due  leaving her funds to make a XX/XX/XXXX autopay on XX/XX/XXXX of $XXXX principal [noted on XX/XX/XXXX Citizens Bank Home Equity Loan Statement] & $XXXX  interest equaling $XXXX  & please have Citizens Bank take this XX/XX/XXXX & XX/XX/XXXX available autopay.\n\tXXXX  reply:  he cannot take the payment for there is a hold on this account & XXXX must talk with Consumer Counseling [Consumer Finance]. \n\tFor twenty minutes XXXX politely pleads with XXXX to please note her account as requested above & XXXX states he cannot.  And XXXX importantly notes Consumer Finance has repeatedly hung up the phone on her.\n\tAt the end of this call XXXX states to XXXX  she has filed 6 Complaints to the Federal Reserve regarding Citizens Bank actions & XXXX  will tell the Federal Reserve of this call with notes she has taken.  Only then did XXXX  agree to importantly note XXXX   XXXX  account XXXX  as she requested above. \n\n\nOn XX/XX/XXXX XXXX   XXXX called the Citizens Bank number (XXXX) XXXX XXXX to check XXXX checking account by phone.  XXXX XXXX is just stunned at what she learned:  the account had a minus balance of $XXXX.  XXXX XXXX just at XXXX XXXX calls (XXXX) XXXX XXXX again to speak with an Agent to discover all XX/XX/XXXX  XX/XX/XXXX checking account activity, speaking with two Agents..\n\nI truthfully stated to Agent XXXX I had 7 Complaints against Citizens Bank file with the Federal Reserve officials & Citizens CEO XXXX XXXX & on XX/XX/XXXX for 20 minutes I spoke with XXXX, Agent Home Equity Loan Department authorizing a XXXX   loan payment of $XXXX = $XXXX principal + $XXXX interest for I did not have the full $XXXX sum having paid $XXXX property tax bill to the XXXX XXXX XXXX on XX/XX/XXXX, a condition of my loan.  Agent XXXX stated on XX/XX/XXXX $XXXX was taken for a Home Equity Loan payment & Check XXXX & XXXX were paid.  I asked XXXX to let me speak to a Supervisor for Citizens had illegally taken $XXXX out of my checking account for I repeatedly stated for 20 minutes to XXXX I only had $XXXX available on XX/XX/XXXX & XX/XX/XXXX. XXXX   transferred me to XXXX, Supervisor.  For XXXX  important information I highlighted the unreasonable Citizens matter:  XX/XX/XXXX came within a hairsbreath of diying when hit by a teenager driving his father's work truck following which I've been selling my possessions at a loss to cover monthly bills & in XX/XX/XXXX I could not pay loan autopays in XXXX & XXXX & XXXX  for at the 11th hour buyers for my possessions changed their minds BUT I did pay XXXX by selling an item & XXXX with my Social Security funds; I then noted my 7 Complaints against Citizens Bank; and then I importantly noted my XX/XX/XXXX all with Home Equity Loan Agent XXXX who for 20 minutes I stated I had $XXXX principal + $XXXX   interest = $XXXX  for my XXXX loan payment NOT the full $XXXX for I paid on XX/XX/XXXX a property tax bill of $XXXX, a condition of my loan & at the end XXXX did state to me he would note my loan account I gave above;  I then stated to Supervisor XXXX would she please refund to me the $XXXX  Citizens Home Equity Loan was not authorized by me to take on XX/XX/XXXX thus the $XXXX was withdrawn from my checking account illegally.  Supervisor XXXX answer \"not able to do that, I do not have the authority to do that\".  I then requested of Supervisor XXXX to know who had the authority & their phone number.  Supervisor XXXX reply \"attoched to the Office of the Chairman\" & when I pressed for a name Supervosor XXXX  stated \"which is a team of advocated with our Corporate Office\".  Further pressed by me to have CEO XXXX XXXX phone number she stated the CEO was XXXX XXXX XXXX.  I then stated to Supervisor XXXX the Citizens CEO as of XX/XX/XXXX I believe is XXXX XXXX for that is what I learned in my online research.  Supervisor XXXX towards the call's end stated to me I was going to be getting a call from the team of advocates.  I importantly noted the advocates were not CEO XXXX XXXX.  At the end of this call I requested Supervisor verify my checks XXXX & XXXX had cleared.........her answr was \"yes\"; & then I requested she please note on my checking account my outstanding checks XXXX  payable to XXXX XXXX for $XXXX & XXXX payable to XXXX for $XXXX  clear my checking account when they post for I had available funds for these payments before Citizens without my authorization took $XXXX on XX/XX/XXXX.....her reply was she would note my checking account.  I did state to Supervisor XXXX I was going to file a Complaint today about this unreasonable matter. \n\nXXXX XXXX then emailed Citizens Bank Director XXXX XXXX requesting his help on XX/XX/XXXX at XXXX XXXX, truthfully stating XXXX call with Citizens Bank Agent XXXX  and Supervisor XXXX, petitioning XXXX  if he would please refund the $XXXX illegally withdrawn & with not authorization from XXXX XXXX  from XXXX checking account on XX/XX/XXXX. Below is the content of our emails late this morning & early this afternoon.\n\nXXXX SOS SOS SOS Created By Citizens Home Equity Loan Consumer Finance Officials\nInbox\tx\n\nXXXX XXXX \n\tXXXX XXXX (2 hours ago)\n \n\t \n \n\nto XXXX.XXXX.\n \n\n\t\nDear XXXX,\n\nI truly deeply need your PRICELESS HELP today!!\n\nAs customary I called Citizens XXXX XXXX XXXX to check my Citizens checking account & discovered a minus XXXX balance.\n\nJust STUNNED, I call XXXX XXXX XXXX & spoke with two customer service agents. I truthfully stated to Agent XXXX I had 7 Complaints against Citizens Bank file with the Federal Reserve officials & Citizens CEO XXXX XXXX & on XX/XX/XXXX for 20 minutes I spoke with XXXX, Agent Home Equity Loan Department authorizing a XXXX loan payment of $XXXX = $XXXX principal + $XXXX   interest for I did not have the full $XXXX sum having paid $XXXX property tax bill to the XXXX XXXX XXXX on XX/XX/XXXX, a condition of my loan.  Agent XXXX stated on XX/XX/XXXX $XXXX  was taken for a Home Equity Loan payment & Check XXXX  & XXXX were paid.  I asked XXXX to let me speak to a Supervisor for Citizens had illegally taken $XXXX out of my checking account for I repeatedly stated for 20 minutes to XXXX I only had $XXXX   available on XX/XX/XXXX & XX/XX/XXXX. XXXX transferred me to XXXX, Supervisor.  For XXXX   important information I highlighted the unreasonable Citizens matter:  XX/XX/XXXX came within a hairsbreath of diying when hit by a teenager driving his father's work truck following which I've been selling my possessions at a loss to cover monthly bills & in XX/XX/XXXX I could not pay loan autopays in XXXX & XXXX & XXXX for at the 11th hour buyers for my possessions changed their minds BUT I did pay XXXX by selling an item & XXXX with my Social Security funds; I then noted my 7 Complaints against Citizens Bank; and then I importantly noted my XX/XX/XXXX all with Home Equity Loan Agent XXXX who for 20 minutes I stated I had $XXXX principal + $XXXX interest = $XXXX  for my XXXX loan payment NOT the full $XXXX for I paid on XX/XX/XXXX a property tax bill of $XXXX, a condition of my loan & at the end XXXX did state to me he would note my loan account I gave above;  I then stated to Supervisor XXXX would she please refund to me the $XXXX Citizens Home Equity Loan was not authorized by me to take on XX/XX/XXXX thus the $XXXX was withdrawn from my checking account illegally.  Supervisor XXXX  answer \"not able to do that, I do not have the authority to do that\".  I then requested of Supervisor XXXX  to know who had the authority & their phone number.  Supervisor XXXX  reply \"attoched to the Office of the Chairman\" & when I pressed for a name Supervosor XXXX stated \"which is a team of advocated with our Corporate Office\".  Further pressed by me to have CEO XXXX XXXX   phone number she stated the CEO was XXXX XXXX XXXX.  I then stated to Supervisor XXXX the Citizens CEO as of XX/XX/XXXX I believe is XXXX XXXX for that is what I learned in my online research.  Supervisor XXXX towards the call's end stated to me I was going to be getting a call from the team of advocates.  I importantly noted the advocates were not CEO XXXX XXXX.  At the end of this call I requested Supervisor verify my checks XXXX & XXXX had cleared.........her answr was \"yes\"; & then I requested she please note on my checking account my outstanding checks XXXX payable to XXXX XXXX   for $XXXX & XXXX payable to XXXX for $XXXX  clear my checking account when they post for I had available funds for these payments before Citizens without my authorization took $XXXX on XX/XX/XXXX.....her reply was she would note my checking account.  I did state to Supervisor XXXX I was going to file a Complaint today about this unreasonable matter. \n\nXXXX, I understand you are now working on development of new Citizens Bank offerings.  I am most humbly asking you to please today go to a location in Citizens Bank to access my checking account to please refund the $XXXX illegally withdrawn from my account on XX/XX/XXXX for I specifically authorized only $XXXX to be withdrawn not $XXXX.   I deeply need the funds put back in my account for I have two outstanding checks & need to make a credit card payment today\n\nXXXX, thank you from the bottom of my heart!\n\nKind & True Regards,\nXXXX XXXX XXXX, XXXX  \tXXXX XXXX (37 minutes ago)\n \n\t \n \n\nto me\n \n\n\t\nXXXX,\n \nI empathize with your situation.  Again, I am not in a position where I could be of any assistance. I dont have access to customers accounts or those types of banking systems.  We take any level of customer dissatisfaction very seriously and you should continue working with the office of the chairman.  Hopefully they will be able to help with a resolution. \n \nThanks\nXXXX XXXX XXXX\nAssistant Vice President\nRetail Sales & Service\nDevelopment Manager\nXXXX XXXX XXXX| XXXX MA XXXX | XXXX XXXX:  XXXX   | C:  XXXX  \n \nFrom: XXXX XXXX [XXXX] \nSent: Thursday, XX/XX/XXXX XXXX XXXX\nTo: XXXX, XXXX\nSubject: XXXX SOS SOS SOS Created By Citizens Home Equity Loan Consumer Finance Officials\n\nCitizens Bank is a brand name of Citizens Bank, N.A. and Citizens Bank of Pennsylvania.\n\nUse of email is inherently insecure. Confidential information, including account information, and personally identifiable information, should not be transmitted via email, or email attachment.   In no event shall Citizens Bank, N.A. or Citizens Bank of Pennsylvania accept any responsibility for the loss, use or misuse of any information, including confidential information, sent via email or email attachment to which it is the intended recipient.  Neither Citizens Bank, N.A.  nor  Citizens Bank of Pennsylvania guarantee the accuracy of any email or email attachment, that an email will be received by either entity or that either entity will respond to any email.\n\nThis email communication is confidential and/or privileged.   Any disclosure, copying, distribution or use of this information by anyone other than the intended recipient is strictly prohibited.  If you have received this communication in error, please notify the sender immediately and promptly destroy any record of this email.\nXXXX XXXX   \n\tXXXX XXXX (8 minutes ago)\n \n\t \n \n\nto XXXX\n \n\n\t\nDear XXXX,\n\nThank you for your email.\n\nUntil Supervisor XXXX stated to me just before XXXX XXXX this morning I had absolutely NO knowledge or any information about a \"team of advocates associated with our Corporate Office\" & I continue to have no knowledge of their names or how to email or call them for Supervisor XXXX  just stated \"I will be getting a call\".\n\nAnd when I requested Supervisor XXXX  give me CEO XXXX email &  phone number, she did not give it to me.\n\nXXXX, can you please give me CEO XXXX XXXX email & phone number.  And would you please verify for me the Citizens Bank CEO is XXXX XXXX,  which I discovered online she is again CEO as of XX/XX/XXXX I believe.\n\nThank you very much.\n\nXX/XX/XXXX\nStatement:  Amount Due $XXXX [$XXXX + $XXXX + $XXXX]; Estimate Payoff Amount On XX/XX/XXXX $XXXX.\nPrincipal $XXXX + Interest $XXXX = Current Payment Due $XXXX + Total Fees & Charges $XXXX  + Past Due Payment $XXXX = Total Amount Due $XXXX.\nXX/XX/XXXX Statement Date\nAmount Past Due $XXXX + Late Charges Due $XXXX  = Total Amount Past Due $XXXX.\nImportant Notes:  XXXX Statement Does Not State Dates Of When All Charges Are Due $XXXX  & Charges Calculations $XXXX Nor Does Citizens Bank State How The $XXXX  Late Charges Due Was Charged Even Though XXXX XXXX Made A XX/XX/XXXX Home Equity Loan Payment Of $ $XXXX   [Reference XX/XX/XXXX XXXX XXXX XXXX To XXXX XXXX Call To Citizens Bank Home Equity Loan Department (XXXX) XXXX XXXX, Home Equity Loan Agent XXXX] & Citizens Bank Home Equity Loan Department Officials Took $XXXX.\nXX/XX/XXXX\nStatement:  Amount Due $XXXX [$XXXX + $XXXX + $XXXX]; Estimate Payoff Amount  On  XX/XX/XXXX $XXXX.\nPrincipal $XXXX + Interest $XXXX = Current Payment Due $XXXX + Total Fees & Charges $XXXX + Past Due Payment $XXXX = Total Amount Due $XXXX.\nXX/XX/XXXX Statement Date\nAmount Past Due $XXXX + Late Charges Due $XXXX = Total Amount Past Due $XXXX.\nImportant Notes:  XXXX  Statement Does Not State Dates Of When All Charges Are Due $XXXX  & Charges Calculations  $XXXX   Nor Does Citizens Bank State How The $XXXX  Late Charges Due Was Charged. \nXX/XX/XXXX\nStatement:  Amount Due $XXXX  [$XXXX + $XXXX  + $XXXX]; Estimate Payoff Amount  On  XX/XX/XXXX $XXXX.\nPrincipal $XXXX + Interest $XXXX = Current Payment Due $XXXX + Total Fees & Charges $XXXX + Past Due Payment $XXXX = Total Amount Due $XXXX.\nXX/XX/XXXX Statement Date\nAmount Past Due $XXXX + Late Charges Due $XXXX = Total Amount Past Due $XXXX.\nImportant Notes:  XXXX Statement Does Not State Dates Of When All Charges Are Due $XXXX   & Charges Calculations  $XXXX  Nor Does Citizens Bank State How The $XXXX Late Charges Due Was Charged. And XXXX XXXX made a XX/XX/XXXX Autopay Leaving Her At A Loss Why Citizens Bank Charged Her Late Charges.\n\nXXXX XXXX OFFERS THIS BOTTOM-LINE:  XXXX XXXX FREELY BELIEVES CITIZENS BANK CONSUMER FINANCE WITH HOME EQUITY LOAN DEPARTMENT HAS VIOLATED FEDERAL BANKING REGULATIONS FOR ALL OF THE ABOVE DOCUMENTED ISSUES.  XXXX XXXX freely believes Federal Banking regulations do not allow Citizens Bank Consumer Finance With Home Equity Loan Department to withdraw a Home Equity Loan Account XXXX payment not authorized by XXXX XXXX on XX/XX/XXXX.  Important note:  for 20 minutes XXXX XXXX gave Citizens Bank Home Equity Loan Agent XXXX detailed instructions for the payment XXXX XXXX had available funds for on XX/XX/XXXX & XX/XX/XXXXt of $XXXX Principal + $XXXX Interest = $XXXX & NOT more for XXXX had paid a $XXXX property tax bill on XX/XX/XXXX, a condition of her Home Equity Loan, ALL OF THIS XXXX STATED HE WOULD NOTE ON XXXX ACCOUNT XXXX ON XX/XX/XXXX. And said Citizens Bank consumer Finance With Home Equity Loan Department freely violated Federal Banking regulations when their act prevented XXXX XXXX from having available funds for the XX/XX/XXXX $XXXX autopay & then was given late charges for not making said autopay through XX/XX/XXXX.  MOREOVER, THE\nHONORABLE DOCTOR XXXX XXXX XXXX HAS NOT DETERMINED XXXX XXXX AND XXXX XXXX XXXX ARE RESPONSIBLE FOR LATE CHARGES CITIZENS BANK HAS CONTINUED TO CHARGE THEM EVEN THOUGH CITIZENS BANK HOME EQUITY LOAN DOCUMENTATION DOCUMENTS XXXX XXXX WAS CHARGED LATE CHARGES WHEN XXXX XXXX DID MAKE PAYMENTS TO THE HOME EQUITY LOAN ACCOUNT XXXX.  XXXX XXXX FREELY BELIEVE SHE & XXXX XXXX XXXX ARE RESPONISBIE FOR THE XX/XX/XXXX $XXXX AUTOPAY &XX/XX/XXXX $XXXX AUTOPAY & XX/XX/XXXX $XXXX AUTOPAY & XX/XX/XXXX$XXXX AUTOPAY.  XXXX XXXX   FREELY BELIEVES UPON THE HONORABLE DOCTOR XXXX XXXX XXXX, CHAIR, BOARD OF GOVERNORS OF THE FEDERAL RESERVE, INVESTIGATIONS OF XXXX XXXX COMPLAINTS AND THE HONORABLE DOCTOR XXXX XXXX XXXX DETERMINATIONS, XXXX XXXX FREELY AGREES TO PAY ALL LATE CHARGES THE HONORABLE DOCTOR XXXX XXXX XXXX DETERMINES XXXX XXXX AND XXXX XXXX XXXX OWE TO CITIZENS BANK.\n \nI wish to take the opportunity to thank you very much for your important priceless work reading my XX/XX/XXXX 10th Complaint for Citizens Bank.   I await your replies.\n\nSincerely,\nXXXX XXXX\nXXXX XXXX XXXX XXXX, Massachusetts XXXX\n(XXXX) XXXX XXXX  \nXXXX","date_sent_to_company":"2017-11-22T15:23:45.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"017XX","tags":null,"has_narrative":true,"complaint_id":"2730863","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIZENS FINANCIAL GROUP, INC.","date_received":"2017-11-16T21:14:07.000Z","state":"MA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Any disclosure, copying, distribution or use of this <em>information</em> by anyone other than the intended recipient is strictly prohibited.  If you have received this communication in <em>error</em>, please notify the sender immediately and promptly destroy any record of this email.\n<em>XXXX</em> <em>XXXX</em>   \n\t<em>XXXX</em> <em>XXXX</em> (8 minutes ago)\n \n\t \n \n\nto <em>XXXX</em>\n \n\n\t\n<em>Dear</em> <em>XXXX</em>,\n\nThank you for your email."]},"sort":[8.840956,"2730863"]},{"_index":"complaint-public-v1","_id":"6067392","_score":7.873448,"_source":{"product":"Debt collection","complaint_what_happened":"TIMELINE AND VIOLATIONS OF LAW - I AM UNABLE TO UPLOAD SUPPORTING DOCUMENTS ON CFPB WEBSITE Letter Dated XX/XX/XXXX - Notification by XXXX  XXXX XXXX of New Servicer Letter Dated Statement Date XX/XX/XXXX New Servicer Letter Payment procedures are described as Beginning XX/XX/XXXX, all future payments will be accepted by Specialized Loan Servicing. No W-9 is included. \n\nNo TILA Transfer of Creditor Notice mailed *Note : At the origination of dispute there were no loan statements. The company appeared to not be a real business. They would not provide loan statements upon several oral and written requests, nor oral or written calculations of interest rate or amount due, nor evidence of the application of payment to account, nor proof of account. The accounting was and still is incorrect to this day. The loan is still in dispute. \n\nThe new CFPB law regarding the exclusion of periodic statements for customers in bankruptcy began XX/XX/XXXX and ended XX/XX/XXXX. \n\nStatements were required upon the assumption of Plaintiffs loan by SLS starting XXXX XXXX. \nSee letter dated XX/XX/XXXX sent by Plaintiff to SLS. \n\nPlaintiff made dozens of oral and written requests for statements. \n\nUPON RECEIPT of New Servicer Letter Plaintiff calls SLS to find out how to pay bill. Plaintiff is told to call monthly for the amount due. Plaintiff recalls that she was told that there was no account created yet as the loan had just been transferred. ( XXXX XXXX XXXX last statement received is dated XX/XX/XXXX ) Plaintiff was instructed over the phone by SLS to call monthly to obtain the monthly amount due and encouraged to pay over the phone by checking account debit only. \n\n\nXX/XX/XXXX - Plaintiff calls SLS for amount due for XXXX payment amount. \n\nOn or about XX/XX/XXXX Plaintiff calls to make XX/XX/XXXX payment due according to SLS and pays by phone debit e-check. Amount of {$190.00} due is correct. \n\n\nXX/XX/XXXX Plaintiff calls SLS to straighten out account Plaintiff has not received paper statements of account. Plaintiff is told that they can not generate statements because her loan is in bankruptcy and that she must call every month for the payment amount. She is told 'that because of the XXXX  XXXX discharge ' statements are not automatically sent. Plaintiff is told that she can view information online at www.SLS.net by logging in and creating account. Plaintiff requests statements. Plaintiff is not able to set up an online account because the information she can provide, including name, address and/or new account number XXXX does not pertain to an active account. \n\n\nPlaintiff makes XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX payments due over the phone by debit of checking account e-check. The amounts due are accurate. The payments are made on or near XX/XX/XXXX : {$170.00} and for XXXX & XXXX, on or near XX/XX/XXXX : {$380.00} includes a {$9.00} late fee. \n\nThis {$9.00} late fee can only apply to the payment due on either XX/XX/XXXX or XX/XX/XXXX due date. Plaintiff was inconsistently charged late fees despite all payments made so far having been late. Plaintiff was told during one of many calls to customer service that late fees would be waived until account was formerly set up. Again, no explanation is given of breakdown of payment, interest rate, running balance or application of payments made. \n\n\nXX/XX/XXXX Plaintiff calls SLS customer service for the XX/XX/XXXX payment due and is told that it's {$200.00}. It should be XXXX and SLS will not give an explanation of payment amount. Plaintiff makes the case to customer service that she has no receipt of any payment made yet, and no statement. Plaintiff stops making payments because the amount is inflated and is calculated in a non-transparent way. [ It is later discovered through extensive communications that a late fee of {$9.00} had been applied ] This {$9.00} late fee due as part of the XX/XX/XXXX payment could only have been as a result of payment due XX/XX/XXXX being late, despite XX/XX/XXXX payment also being late and no late fee charged. \n\n*Notes : Late fees per contract are 5 % of amount due. \nContract requires that statements be mailed.\n\nContract requires that accounting discrepancies and disputes be remedied at customer 's request. \nInterest rate is XXXX XXXXXXXX XXXX XXXX XXXX Margin Contract prevents servicer from charging late fees on a loan in dispute. ( Contract is in Defendant 's possession ) Violations of these Mortgage Clauses, in Plaintiff 's opinion, defined Breach of Mortgage Contract. \n\n\nDATE OF XXXX CHARGED ACTUAL PAID DATE DUE POST DATE XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX Late Fee XXXX unknown XXXX unknown XX/XX/XXXX STOPPED PAYING : XXXX XXXX XXXX XXXX XX/XX/XXXX n/a XXXX payment due above can likely be XXXX plus XXXX late fee Note of error : if late fee were for previous month as is generally accepted in accounting practices, then late fee should have been {$9.00} [ 5 % on XXXX ] Early XX/XX/XXXX : Plaintiff sends letter to Attorney XXXX XXXX who is family friend ( no longer practicing ). Plaintiff near after advises SLS by phone call that she is represented and does not intend to make payments on account until she is billed transparently and correctly. Plaintiff is advised by counsel to make all communications by certified mail. \n\nPlaintiff writes letter to Attorney XXXX XXXX, XXXX XXXXXXXX XXXX XXXXXXXX & XX/XX/XXXX Plaintiff does not pay because customer service at SLS will still provide no explanation of accounting methods. Upon subsequent phone calls it is determined that SLS intends payment due XX/XX/XXXX is to be XXXX ( it should be XXXX ) and payment due XX/XX/XXXX is being billed at XXXX. \n( XXXX also has no substantial base in proper calculations ) AMOUNT DUE PER SLS CUSTOMER SERVICE BY PHONE CALL : DATE OF XXXX CHARGED ACTUAL PAID DATE DUE POST DATE XXXX XXXX XXXX XXXX XX/XX/XXXX n/a XXXX XXXX XXXX XXXX XX/XX/XXXX n/a *Note : Per letter dated XX/XX/XXXX XXXX is due. This amount is ( 3 ) incorrect payment amounts ( payments not made ) plus another {$9.00} late fee that can not properly apply to any of past amounts due at this point. \n\n\nLetter Dated XX/XX/XXXX : From SLS Notification of Service Members Civil Relief Act Letter Date XX/XX/XXXX : From SLS Important Notice Regarding Your Mortgage Loan and Intent to Foreclose Without having provided clarity despite numerous phone calls an incorrect amount is demanded. Letter included threats of inspection, threat to accelerate and/or foreclose, names SLS the current creditor to whom the debt is owed on page 2 and presents an offer to dispute. \n\nAdditionally, the total balance due stated on account on page 2 of letter is {$39000.00}. \nThis is incorrect. This loan is a XXXX ARM and the correct balance is as it was transferred from B of A is {$39000.00}. \n\nLetter includes Foreclosure Mediation information obtained from XXXX  XXXX XXXX. \n\n\nUPON RECEIPT of XX/XX/XXXX Letter : Plaintiff calls SLS. Despite more extensive inquiry, again receives no explanation by customer service as to wrong amount, or previous dispute. They are not able to discuss the details of a loan in bankruptcy and/or do not have access to the information requested available to them. \n\nMore specifically on XX/XX/XXXX : XXXX called SLS to request clarity and accuracy of amounts due. Plaintiff spoke to XXXX who told her that she was not billed on her account and that SLS can not generate statements because the customer 's loan is in bankruptcy. XXXX said that the account should show no balance due. Plaintiff was routed to the bankruptcy department of SLS where she spoke to XXXX at XXXX. XXXX told Plaintiff that she could not provide statements, nor calculation of payment due, nor state the current interest rate and that I can take a payment from you. Plaintiff decides to try another day, headaches and stress are too much. \n\n* Note : In XXXX SLS begins sending unrequested statements to Plaintiff. \nPlaintiff has had XXXX servicers on ( XXXX ) loans post bankruptcy. All servicers have provided thorough and accurate statements. The law that exempted certain XXXX customers from receiving statements is not yet in effect. See Documents for description Letter dated XX/XX/XXXX. Therefor. statements are required. \n\n\nLetter Dated XX/XX/XXXX : From SLS RE Legal counsel On or Around XX/XX/XXXX : Plaintiff writes and sends handwritten letter to SLS, certified and return receipt. Letter has been lost ( Plaintiff has the certified and return receipt from this letter in possession, additionally a copy is in Documents Handwritten notes from XXXX in file demonstrate it included the following : A request for explanation of payment calculation, including interest rate A request for statement of account including running balance with payments due and applied Letter Dated NO DATE : From SLS presents, in response to Plaintiff 's most recent handwritten letter, a different mailing address for inquiries. \n\n\nUPON RECEIPT of letter dated NO DATE Plaintiff resent handwritten letter to newly given address. \n\n\nXX/XX/XXXX Phone call to SLS by XXXX because she can not create an account nor log in online still. Plaintiff is told that her loan is in bankruptcy and statements can not be generated. Again with no other offer of information. Plaintiff is routed away from customer service, placed on hold for over XXXX minutes and hung up on. Plaintiff finds that there is no viable account of her HELOC on record with SLS through attempts to log in. Plaintiff wonders if payments made so far have been applied to an account. \n\nXX/XX/XXXX Plaintiff sends certified handwritten letter to SLS disputing charges as inaccurate with opaque accounting. This letter has been lost, the certified receipt exists and has been included in documents. \n\nXXXX XXXX XX/XX/XXXX : From SLS Your qualified written request or general correspondence is currently under review. \n\nXXXX XXXX XX/XX/XXXX : From SLS in response to Plaintiff 's request for information. Letter includes correct interest rate and an amount due calculation that makes no sense at all of {$940.00}. There is no variation of numbers or amounts due so far presented by SLS that add up to this amount. \n\n*Note : Plaintiff has worked extensively in bookkeeping and went to college for accounting. She graduated from private high school in Advanced Placement calculus. She has been gifted in numbers her entire life. She has not, and does not consult an expert with regard to this or other accounting as she considers herself expert. \n\nXXXX also includes a copy of mortgage paperwork that XXXX did not request and does not need as she has already cited clauses in the Mortgage to XXXX, and an undated XXXX spreadsheet of received payments. The XXXX spreadsheet is the only evidence of account existence thus far. It includes several inaccuracies and a fee for {$110.00} coded XXXX XXXX. It lists a payment made of {$190.00} that was never made, a late fee of {$9.00} in the column of principal and an incorrect principal balance of XXXX. It also cites {$0.00} late fees in the late fee column. \n\n\nUPON RECEIPT of letter dated XX/XX/XXXX Plaintiff called XXXX customer service to explain that this was not the requested information. She was, again, systematically avoided. \n\n\n*Note : An additional undated spreadsheet in different format is also in XXXX 's possession. She does not know in which letter it arrived. It is not dated nor does it include an account number. It does include XXXX 's name, address and property address. It reflects the same inaccuracies as the XXXX spreadsheet. It arrived with a supplement named XXXX XXXX Definitions from which she determined {$110.00} FB meant fee billed. \n\n\nXX/XX/XXXX PLAINTIFF 'S DEBT WHILE IN DISPUTE IS CHARGED OFF BY SLS. \nThis is reflected as Negative on all ( XXXX ) of her Credit Reports, XXXX, XXXX and XXXX ( evidence included in Documents ) This charge-off is a violation of the XXXX  XXXX discharge injunction as it records a dollar amount liability on Plaintiffs credit report ( XXXX ). This charge of was not described as in dispute as required by law XXXX XXXX. XXXX ( XXXX ), and stayed on all ( XXXX ) credit reports until XX/XX/XXXX. \n\n*Note : Most other applicable laws have been referenced in CFPB complaint letter. XXXX copies of letter were certified and return receipt mailed to XXXX at the correct address. XXXX is dated XX/XX/XXXX. \n\nXXXX : This is end of correspondence from SLS until XXXX ( unless letter ( XXXX ) was/were lost ) with the exception of annual XXXX Letter Dated XX/XX/XXXX : From XXXX Please be advised beginning XX/XX/XXXX your required loan payment will convert from Interest Only *Note : There is no correspondence in the year XXXX with the exception of XXXX sent yearly Letter Dated XX/XX/XXXX : From XXXX According to our records, the above-referenced mortgage account is delinquent. Contact us to discuss possible loss mitigation options. \n\n\n*Note : Plaintiff could not endure the stress of fighting with an inane servicer after XXXX and knew that she needed to retain an attorney. At first opportunity, in XXXX, she did such. \n\nXXXX XXXX XX/XX/XXXX : From SLS According to our records, the above-referenced mortgage account is delinquent. Contact us to discuss possible loss mitigation options. \n\n\nXXXX XXXX XX/XX/XXXX : From SLS According to our records, the above-referenced mortgage account is delinquent. Contact us to discuss possible loss mitigation options. \n\n\nLetters Dated XX/XX/XXXX [ XXXX Cerified, XXXX XXXX Mail XXXX XXXX ) Total ] Important Notice Regarding Your Mortgage Loan and Notice XXXX XXXX to Foreclose Letters include Foreclosure XXXX information obtained from CT XXXX XXXX. \nXXXX threatens negative reporting, inspections and threat of acceleration and foreclosure. \nXXXX invites customer to dispute the validity of the debt. \n\nThe original loan dispute and multiple accounting discrepancies have never been resolved. \n\n\nXX/XX/XXXX Plaintiff consults with Attorney XXXX XXXX, XXXX XXXX XXXX, XXXX, CT. This is the first time she has been financially able to hire an attorney. \n\n\nLetter Dated XX/XX/XXXX : From Plaintiff ( XXXX ) copies mailed certified to SLS To whom it XXXX concern, I dispute the validity of this debt in response to your XX/XX/XXXX letter. \n\n*Note : no address for dispute communication was given in foreclosure letter. Plaintiff used the only available address at the bottom of the letter for correspondence. The same address was present at the heading of other SLS letters received by XXXX. \n\n\nLetter Dated XX/XX/XXXX : From XXXX Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan, however not at our address for such inquiries. \n\nXXXX XXXX XX/XX/XXXX : From SLS According to our records, the above-referenced mortgage account is delinquent. \n\nPlaintiffs Note/Mortgage have, at XX/XX/XXXX, reached UCC XXXX XXXX of Limitations for non-payment post end of installment period effected by discharge in XXXX  XXXX Bankruptcy UCC XXXX. STATUTE OF LIMITATIONS ( a ) Except as provided in subsection ( XXXX ), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within XXXX years after the due date or dates stated in the note or, if a due date is accelerated, within XXXX years after the accelerated due date And corresponding CT XXXX XXXX XXXX Letter Dated XX/XX/XXXX : From SLS This letter is in response to your correspondence dated XX/XX/XXXX. Included copy of the Promissory Note, copy of the Mortgage, copy of Notice of Transfer of loan dated XX/XX/XXXX and the same XXXX spreadsheet in which accounting was indiscernible to Plaintiff. It also contained a XXXX document entitled PAYMENT TRANSACTION CODES. \n\n\nXXXX XXXX XX/XX/XXXX : From Plaintiff to SLS ( XXXX ) copies mailed certified. Plaintiff restates entire past complaint in detail. Plaintiff includes specific breach of mortgage contract examples with explanation committed by XXXX, and other errors. Plaintiff states that it is my hope, that XXXX day these letters will be reviewed by a judge. \n\n\nLetter Dated XX/XX/XXXX : From XXXX Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. \n\n\nXXXX XXXX XX/XX/XXXX : From SLS We have received your correspondence regarding the above referenced mortgage account. \n\nLetter Dated XX/XX/XXXX : From SLS This letter is in response to your correspondence dated XX/XX/XXXX This letter is largely a repeat of what has already been forwarded. EXCEPT the interest rate of 7.75 % cited is wrong, AND due to the charge-off and XXXX XXXX XXXX Bankruptcy, we are unable to provide monthly billing statements for this loan. \n\n\nXXXX XXXX XX/XX/XXXX : From Plaintiff to SLS ( XXXX ) certified copies mailed : I received your response dated XX/XX/XXXX and post-dated XX/XX/XXXX. This XXXX weeks after my letter citing complaints dated XX/XX/XXXX. \n\nIn this letter XXXX included proof ( included in documents ) that SLS was required to send her mortgage statements throughout XXXX as per CFPB laws for Periodic Statements. \n\n\nXX/XX/XXXX Plaintiff consults with Attorney XXXX XXXX. \n\n\nLetter Dated XX/XX/XXXX : From XXXX Specialized Loan Servicing LLC ( SLS ) has received your letter *Note this letter is also post-dated the XXXX of XXXX Letter Dated XX/XX/XXXX : From XXXX According to our records, the above-referenced mortgage account is delinquent. \n\n\nXXXX XXXX XX/XX/XXXX : From SLS This letter is in response to your correspondence dated XX/XX/XXXX. This letter is a complete repetition of previous correspondences. Except that this letter contains a form titled BANKRUPTCY HELOC PERIODIC STATEMENT REQUEST that Plaintiff did not fill out nor return. \n\n\nLetter Dated XX/XX/XXXX : From Plaintiff to SLS ( XXXX ) copies mailed certified Dear Sir or Madam, this letter is in response to your XX/XX/XXXX correspondence, and additionally, regarding a number of inquiries that I had requested remedy for previously. This letter is a restatement of requests of the previous sent. \n\n\nLetter Dated XX/XX/XXXX : From SLS Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. \nXX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff. \nIt was not requested. \n\n\nLetter Dated XX/XX/XXXX : From SLS Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. \n\nLetter Dated XX/XX/XXXX : From SLS is The Exact Same Letter Dated XX/XX/XXXX with XXXX exception. It includes a form titled BANKRUPTCY PERIODIC MONTHLY STATEMENT RE-OPT IN. This form XXXX did not fill out nor return. \n\nXX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested Letter Dated XX/XX/XXXX : From XXXX According to our records, the above-referenced mortgage account is delinquent. \n\n\nXX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested Letter Dated XX/XX/XXXX : From XXXX The Note on the above-referenced loan is now in default as a result of your failure to pay the XX/XX/XXXX payment and the payments due thereafter. Plaintiff is urged to cure the default. \n\n*Note : The Note was included in XXXX  XXXX Bankruptcy, uncontested and not reaffirmed. \n\n\nXX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested Letter Dated XX/XX/XXXX : From SLS Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. \n\n\nAttorney XXXX XXXX Served State of Connecticut XXXX complaint to SLS ****END CORRESPONDENCE UNTIL XX/XX/XXXX WHILE STATE COMPLAINT IS ACTIVE**** XX/XX/XXXX State Complaint withdrawn under advice of additional counsel. It is determined that a federal complaint will provide much more coverage. \n\nXX/XX/XXXX While Plaintiff is represented by an attorney SLS sends ( 1 ) Certified and ( 1 ) Regular mail letter : Important Notice Regarding Your Mortgage Loan and Notice of Intent to Foreclose Letters include Foreclosure Mediation information obtained from CT XXXX XXXX. \nLetter threatens negative reporting, inspections and threat of acceleration and foreclosure.\n\nLetter invites customer to dispute the validity of the debt. \n\nThe original loan dispute and multiple accounting discrepancies have never been resolved. \n\nPlaintiff files complaints with CFPB, XXXX, XXXX, Colorado and Connecticut Departments of Banking, Colorado and Connecticut Attorneys General. \n\nPlaintiff receives several pages of responses to complaints in which SLS : denies wrongdoing and commits to their inability to send statements, despite having sent ( XXXX ) unrequested statements in XXXX & XXXX Has not corrected accounting errors from XXXX SLS has committed at Minimum : Violation of CFPB requirements for Period Statements Violation of the Original Mortgage Terms Multiple threats of Foreclosure Multiple threats of and actual Negative Credit Reporting Multiple threats of unwarrented Inspections at Plaintiffs expense Multiple Statements made of Plaintiffs Delinquency regarding a loan in dispute Inflated amounts due Unauthorized Fees Deceptive and misleading practices Harassment and Abuse Direct contact while represented by an attorney Violation of the Plaintiffs XXXX  XXXX Discharge Injunction Violation of Federal and State law governing Statute of Limitations Total continuing Accounting Inaccuracies and errors : XXXX Plaintiff has suffered Stress Long term harassment Deceipt Loss of credit opportunity - A significant reduction in credit score for 7 years ( see attached XXXX point XXXX XXXX decrease ) Clouded title False light XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX nightmares XXXX XXXXXXXX XXXX on record began XXXX Suspected XXXX  on record began XXXX XXXX XXXX  began XXXX XXXX hours of time lost to research, letters, emails and attorney meetings. \n\n\n\n\nIt is Plaintiffs contention that this business operates with a foundation of intentional negligence and misconduct in order to illegally, liberally and advantageously foreclose on customers. \n\nSLS solicited payment amounts from the Plaintiff which were a moving target in that they fluctuated absent any explanation. \n\nIt is further Plaintiffs opinion that SLS is intentionally deceptive and dismissive of requests for transparency. Customer service intentionally evades, and deliberately attempts to cause confusion and stress as a means to induce or force payment. This is Intentional Infliction of XXXX XXXX XXXX \n\nPayments are intentionally misapplied, accounting is vague and threats of unwarranted and falsified negative credit reporting are not inert. \n\nThe dispute over monetary calculations and accounting discrepancies has not been rectified by the Defendant and continues through the present date. SLS machinations were calculated to harass Plaintiff into making payments on an otherwise uncollectible loan. \n\n\nPLEASE FORWARD TO YOUR REPRESENTING ATTORNEY **** END OF COMPLAINT ****","date_sent_to_company":"2022-10-09T17:07:38.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"067XX","tags":null,"has_narrative":true,"complaint_id":"6067392","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2022-10-09T16:44:05.000Z","state":"CT","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["DATE OF <em>XXXX</em> CHARGED ACTUAL PAID DATE DUE POST DATE <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XX/XX/XXXX</em> <em>XX/XX/XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XX/XX/XXXX</em> <em>XX/XX/XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XX/XX/XXXX</em> <em>XX/XX/XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XX/XX/XXXX</em> <em>XX/XX/XXXX</em> Late Fee <em>XXXX</em> unknown <em>XXXX</em> unknown <em>XX/XX/XXXX</em> STOPPED PAYING : <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XX/XX/XXXX</em> n/a <em>XXXX</em> payment due above can likely be <em>XXXX</em> plus <em>XXXX</em> late fee Note of <em>error</em> : if late fee were for previous month as is generally accepted in accounting practices, then late fee should"]},"sort":[7.873448,"6067392"]},{"_index":"complaint-public-v1","_id":"10048787","_score":5.9939847,"_source":{"product":"Credit card","complaint_what_happened":"Dear Consumer Financial Protection Bureau this complaint is in reference to American Express. I have sent American Express the following instruments for set-off and crediting the account. \nExpress Gold Card XXXX on XXXX XXXX in the amount of XXXX XXXX on XX/XX/XXXX in the amount of {$5400.00} ( Sent to indentured Trustee XXXX ) Never credited the account. \nXXXX on XX/XX/XXXX in the amount if {$6400.00} on XXXX on XX/XX/XXXX in the amount of {$6500.00} ( XXXX and XXXX I did not receive a statement for ) For a total of {$23000.00} Platinum Card : XXXX on XX/XX/XXXX in the amount of {$10000.00} XXXX on XX/XX/XXXX in the amount of {$10000.00} to American Express Indenture Trustee at Sent to XXXX ) Never Credited the account XXXX on XX/XX/XXXX in the amount of {$14000.00} XXXX on XX/XX/XXXX in the amount of {$17000.00} XXXX on XX/XX/XXXX in the amount of {$22000.00} XXXX on XX/XX/XXXX in the amount of {$28000.00} For a total of {$100000.00} I AM CLAIMING ALL INSTRUMENT AND REFUTING OBLIGATIONS OF THIS PRESENTMENT FROM AMERICAN EXPRESS UNDER UCC 3-306. I AM ACTING IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKING MY ABILITY TO PAY THIS PRESENTMENTS UNDER UCC 3-302. I AM REFUSING TO TENDER PAYMENT ON THIS 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 XXXX 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 AM EXERCISING MY RIGHT TO REQUEST A DISCHARGE OF THIS PRESENTMENT UNDER UCC 3-601, 3-603, 3-604. I EXPECT AMERICAN EXPRESS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE COMMERCIAL CODE REQUESTS UNDER UCC 1-304. \nAMERICAN EXPRESS PLATINUM AND AMERICAN EXPRESS GOLD CARD Ive sent 1099As to American Express as well in which they sent me back a letter stating that no 1099A is required therefore they will not be crediting the account in the amount. \n\nAll powers of attorney have been terminated for these contracts through the IRS and I have sent a copy of the revocation of power of attorney to Amex as well as appointment of Power of attorney, Acceptance of appointment, form XXXX and XXXX. I asked American Express to change the liability of these accounts over to my trust. In which American Express states that this can not be done. Which I know this is untrue the fact of the matter is it has already been done. And American Express is reluctant to Transfer the liability of this account over to my trust because they have transferred my receivables over to their trust for their enrichment and benefit. Lets look at American Express Company XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX : Acceptance of time draft for customer 's benefit : Publicpolicy : Power to lend credit : Certified checks : Ultra viresacts : Estoppel : Statutes : Legislative construction : Weight : Costs : Disbursement for bond in garnishment.1. Acceptance by a bank of a draft payable in ninety days for the benefit of a customer without security or consideration is not within the description \" buying, discounting and negotiating promissory notes, bonds, drafts, bills of exchange, foreign and domestic, and other evidences of debt, '' which by sec. XXXX XXXX, Stats. XXXX, the bank has power to do. XXXX. Under the power to negotiate their own bills and drafts, banks have the power to indorse them, since that is the usual mode of transferring title to such paper. XXXX. A bank has no power to become the guarantor of another 's obligation without benefit to itself, unless expressly permitted by its charter or the governing statute. XXXX. There is no such similarity between certified checks and drafts payable at a future date that the authority given by sec. XXXXXXXX XXXX XXXX XXXX  to issue certified checks implies the power to issue time drafts. XXXX. Though the courts finally determine the construction of statutes, the legislative construction thereof is entitled to consideration and often has great weight. XXXX. A corporation can not commit the rank injustice of enriching itself by retaining the fruits of a contract and then repudiating it. It is evident from this case law that American Express Bank has still committing XXXX XXXX Acts and securities fraud. Therefore, I wasnt asking permission but rather giving notice to AMEX that this has already been done. In fact I give American Express Permission to move forward with this complaint. American Express was tendered several instruments properly endorsed in accordance with 31 CFR 328.4, 31 CFR 328.5, 31 CFR 328.6. AMEX keeps sending me generic letters stating that they do not accept instruments. Ive even talked to a representative via chat and these representative continuously state that American Express does not accept negotiable instruments. This is laughable and offensive as it is stated on page XXXX of the Amex Statement it states that they do accept instruments. The account was created with several instruments. According to the Privacy Act of 1974 and 5 usc 522a it shall be unlawful to give your social security number to anybody who is not government. American Express definitely is not the government. However according to the law a social security card is a credit card which gives access to ones unlimited credit. 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. According to American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX the following can be read on page XXXX : Pursuant to Section XXXX of the Base Indenture, the Notes are hereby established with the following terms and other provisions : Section 2.1Designation and Principal Amount ( a ) There is hereby authorized a series of Securities designated the 5.625 % Fixed-to-Floating Rate Subordinated Notes due XX/XX/XXXX, in the initial aggregate principal amount of {>= $1,000,000}. ( b ) The Company may, from time to time, subject to compliance with any other applicable provisions of the Indenture but without the consent of the Holders of Notes, create and issue pursuant to the Indenture an unlimited principal amount of additional Notes ( in excess of any amounts theretofore issued ) having the same terms and conditions to those of the other Outstanding Notes, except that any such additional Notes ( i ) may have a different issue date and issue price from other Outstanding Notes and ( ii ) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other Outstanding Notes. Such additional Notes shall constitute part of the same series of Notes as the Notes initially issued hereunder. According to American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX the following can be read on page XXXX : Section XXXX of Payment and Surrender for Registration of Transfer Payment of principal of ( and premium, if any ) and interest on the Notes shall be made, the transfer of Notes will be registrable and Notes will be exchangeable for Notes of other denominations of a like principal amount at the office or agency of the Trustee maintained for such purpose, initially the Corporate Trust Office . Payment of any principal ( and premium, if any ) and interest on Notes issued as Global Notes shall be payable by the Company through the Paying Agent to the Depositary in immediately available funds. Interest on Notes issued in physical form will be payable ( i ) by a U.S. dollar check drawn on a bank in The City of New York mailed to the address of the Person entitled thereto as such address shall appear in the Security Register, or ( ii ) upon application to the Security Registrar not later than the relevant Regular Record Date by a Holder of Notes of a principal amount of the Notes in excess of {>= $1,000,000}, by wire transfer in immediately available funds.Section 2.4Registered Securities ; Form ; Denominations ; Depositary ( a ) The Notes shall be issued in fully registered form as registered Securities and shall be initially issued in the form of one or more permanent Global Securities ( the GLOBAL NOTES ) in the form of ExhibitA hereto. The Notes shall not be issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of the Indenture, and the Company and the Trustee, by their execution and delivery of the Indenture, expressly agree to such terms and provisions and to be bound thereby. ( b ) The Notes shall be issued in minimum denominations of {$2000.00} and integral multiples of {$1000.00} in excess thereof. Section 2.5Interest ( a ) The Notes shall accrue interest : ( i ) from, and including, the Issue Date to, but excluding, XX/XX/XXXX ( the FIXED RATE PERIOD ) at a rate per annum equal to 5.625 % ( the FIXED INTEREST RATE ), payable semi-annually in arrears on XX/XX/XXXX and XX/XX/XXXX of each year ( each, a FIXED RATE INTEREST PAYMENT DATE ), beginning XX/XX/XXXX, to the Person in whose name the Note is registered in the Security Register at the close of business on the Regular Record Date, except that interest payable at Maturity will be payable to the person to whom the principal of the Notes is paid ; and ( ii ) from, and including, XX/XX/XXXX to, but excluding, XX/XX/XXXX ( the FLOATING RATE PERIOD ) at a rate per annum equal to Compounded XXXX % ( the FLOATING INTEREST RATE ), payable quarterly in arrears on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX ( each a FLOATING RATE INTEREST PAYMENT DATE ), beginning XX/XX/XXXX, to the Person in whose name the Note is registered in the Security Register at the close of business on the Regular Record Date, except that interest payable at Maturity will be payable to the person to whom the principal of the Notes is paid. I have reached out to American Express investors relations and XXXX XXXX. I gave them XXXX business days to respond. Both have not responded to my request. I have sent Default letters to American Express and they have yet to respond. My account ( XXXX ) were closed done on XXXX the XXXX and no explaination was given this is the email that I recived from American Express : We are writing to inform you that, after a recent review, yourAmericanExpress account ( XXXX ) listed above has been cancelled. Heres what that means No further charges will be approved, so please ensure any Additional Card Members are aware of this change. If you have any recurring charges on these accounts such as telephone or wireless charges, please contact that company immediately to ensure these bills do not go unpaid. You should also destroy any Card ( XXXX ) you may have for the account ( s ) .Youll also receive this information via mail.Notice Regarding Accounts of New York Card Members1 The cancellation of the account ( XXXX ) listed above affects points or rewards that were earned as follows : Membership Rewardspoints. You can redeem any earned Membership Rewards pointswithin 90 daysof the date of this letter by calling XXXX. If you do not redeem the points, they will be forfeited unless you have another XXXX linked to the same Rewards Account that is not cancelled.Reward Dollars. You can redeem any earned Reward Dollars within 90 days of the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited.Blue Sky or FreedomPass Points. You can redeem any earned XXXX XXXX or XXXX XXXX points within 90 days of the date of this letter by calling XXXX. If you do not redeem the points, they will be forfeited. \nXXXX XXXX. You can redeem any earned XXXX XXXX 90 daysof the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited. \n\nLowes Rewards. You can redeem any earned XXXX XXXX 90 daysof the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited. \nAll redemptions of points or rewards are subject to applicable terms and conditions. \nOn XX/XX/XXXX I received the following Email from American Express : Hello XXXX XXXX, XXXX decided to close your account ( XXXX ) We are writing to you today because we have recently taken actions on your account and we would like to explain why. We have also decided to close your account ( XXXX ) listed above. No further charges will be approved, so please ensure any Additional Card Members are aware of this change. f you have any recurring charges on these accounts such as telephone or wireless charges, please contact that company immediately to ensure these bills do not go unpaid. You should also destroy the Card ( s ) you may have for the account ( s ).\n\nHeres how we made this decision We made this decision for the following reason ( s ) : You were previously advised that the abuse of the billing error dispute process could result in the cancellation of your account ( s ). Upon review of your account ( s ), it was observed that you opened disputes cases in a manner that is inconsistent with good faith exercise of the right to assert a billing dispute.\n\nOur cancellation of your account ( s ) listed above affects rewards or cash rebates you may have accumulated as follows : Membership/Cash Back/Blue Sky Reward. If you have any Membership/Cash Back/Blue Sky Reward points linked to this account, they will be forfeited immediately upon cancellation. The only exception is a non-cancelled account that remains in your Membership Rewards program.\n\nWere here for you If you feel that our evaluation of your account is inaccurate or if you have any questions, please contact us in writing at the following address : AmericanExpressCompany General Counsels Organization Litigation & Investigations XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX Going forward, that is the only group atAmericanExpressthat is permitted to discuss any dispute or claim related to your account ( XXXX ). \n\nSincerely, AmericanExpress The Creditor for this account isAmericanExpressNational Bank, AENB. \n\nNotice to XXXX XXXX \n\nThe federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age ( provided that the applicant has the capacity to enter into a binding contract ) ; because all or part of the applicant 's income derives from any public assistance program ; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerningAmericanExpressNational Bank, XXXX is the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX ( the \" Bureau '' ). The federal agencies that administer compliance with this law concerningAmericanExpressTravel Related Services Company , Inc. are the Bureau ( address above ) As you can see from the numerous instruments that I have continuously tendered in Good Faith.\n\nAmerican Express closing my account was exercised in bad faith. As it states in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. \n( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the XXXX, acreditoroperating an open end consumer credit plan XXXX not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit acreditorfrom applying against the credit limit on the obligors account the amount indicated to be in error. \n( e ) Effect of noncompliance with requirements by creditor Anycreditorwho fails to comply with the requirements of this section orsection 1666a of this titleforfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and anyfinance chargesthereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. American Express has acting in bad faith by closing my account without my written consent to do so. American Express has acted in bad faith by requesting my to open a new account and stating that they can not reinstate any closed account. But according to the American Express Card Member agreement it states the following : Account Re-opening {$25.00} if your Account is cancelled, you ask us to re-open it, and we do so. Asking me to reapply for these accounts is in fact another form of securities fraud as this would generate another security for American Express. \nAmerican Express has acting in Bad faith by committing theft and not rectifying this situation. Under UCC 3-603 ( b ) \" If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is DISCHARGE, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. '' Since the instruments tendered for the American Express Gold card amounted to {$23000.00}, the amount discharged is { {$23.00}, XXXX }. The money orders tendered for the American Express Platinum card amounted to {$100000.00} ; then the amount discharged to the American Express Platinum card is { {$100000.00} } This is a BREECH of Agreement and BREECH of Fiduciary Duties, and BREECH of Trust. American Express has been is selling \" debt Securities '' off my Social Security Number off of my authorized users social security number and off of the EIN number that was provided and also off of my Trust EIN that was also provided to them without giving any consideration to me or any of us for that matter, and never gave any full disclosure. It was NOT my INTENT when I opened the account to UNDERWRITE SECURITIES! This is breech of Trust and Breech of Agreement. I have also since learned that as a woman, who can not be a \" person '' is not authorized to use Federal Reserve Notes and to do so is a crime of Impersonation and Counterfeiting. I have sent American Express notice that I am unable to pay with Federal Reserve Notes as they request due to the facts that : 1. Whereas Federal Reserve Notes are a debt instrument and one can not pay any debt with a debt 2. Whereas Federal Reserve Notes have only one authorized use \" Federal reserve notes, to be issued at the ; discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized '' XXXX. Whereas Article 1 section 8 Clause 1 dictates that, Congress shall ... Pay the Debts ; and, 4. Whereas Article I, Section 8, Clause 5 grants, Congress shall have Power to coin Money, regulate the Value thereof... and Section 10 sates, no state shall make any Thing but gold and silver Coin a Tender in Payment of Debts. ; and, 5. Whereas in the United States, legal tender is statutorily defined as all coins and currency issued by the United States Treasury or the Federal Reserve System, including fiat money coins and notes but this definition exceeds Congress power under the Constitution; and 6. Whereas existing legal tender law ( 31 U.S.C. 5103 ), first passed in 1862, declares Federal Reserve Notes to be legal tender but, such notes are not legal tender in the constitutional sense, because they are fiat money and bills of credit ( no longer backed by gold since 1933 ), which the Constitution forbids ( Article 1 Section 10 ) ; and, 7. Whereas according to the statutes and rules that govern the Federal Reserve System, bills and other certificates of indebtedness are obligation of the United States ( 18 USC 8 ) and as a non-citizen, non-resident, non-federal reserve agent, non-federal reserve bank Affiant is not authorized to pay using the Federal Reserve System ( 12 USC 411 ). American Express must prove that I, as a living woman, has any ability to pay under the law, and that I actually have a lawfully owed debt by showing me all documentary evidence. As a Federally Protected Consumer, I am now OPTING OUT of ANY and ALL Authorization ( XXXX ) that I, XXXX XXXX, XXXX have given the American Express ; whether written, unwritten, verbal or non-verbal as per : 12 CFR 1016.7 ( a ) ( 1 ) ( ii ) - Form of opt-out notice to consumers ; opt-out methods 15 USC 6802 ( b ) ( 1 ) ( A ) ( B ) ( C ) - Obligations with respect to disclosures of personal information ***This Opt-Out Authorization is effective IMMEDIATELY and INDEFINITELY!","date_sent_to_company":"2024-09-05T19:25:35.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"10048787","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-09-05T18:35:11.000Z","state":"CA","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["<em>Dear</em> Consumer Financial Protection Bureau this complaint is in reference to American Express. I have sent American Express the following instruments for set-off and crediting the account. \nExpress Gold Card <em>XXXX</em> on <em>XXXX</em> <em>XXXX</em> in the amount of <em>XXXX</em> <em>XXXX</em> on <em>XX/XX/XXXX</em> in the amount of {$5400.00} ( Sent to indentured Trustee <em>XXXX</em> ) Never credited the account."]},"sort":[5.9939847,"10048787"]},{"_index":"complaint-public-v1","_id":"5661757","_score":4.7699966,"_source":{"product":"Checking or savings account","complaint_what_happened":"This complaint is a complaint in accordance with the Securities Exchange Commission ( SEC ), Federal Trade Commission and other Financial Service Industry and Regulations. \n\nWhen anyone is conducting any business in dealing with exchanging and transferring funds across United States Terrorities and Foregin Terrorities they are supposed to be licensed in currency trading and should be able to produce such license to anyone upon request at a moment notice. They too should have Errors and Ommission Insurance in place as well as other Property and Casualty Insurance such as Professional Liablity Insurance in place.\n\nIn nature to this detail complaint I am submitting before the Security Exchange Commission ( SEC ), Federal Trade Commission and Consumer Financial Protection Bureau I am submitting this complaint in good faith that everything in it and everything apart of it is legal, accurate, true and correct and should immeidate warrant an order filed and served upon Coinbase.com to produce their records requested and to order to Cease and Desist Operation until validation of paperwork, licenses and return of unauthorized funds are returned back to my XXXX XXXX  XXXX, XXXX. account which Coinbase.com pulled without my authorization or consent to withdraw after serveral notices were attempted to cease and cancel any tranaction that they were responsible and liable for generating after my attempt to notify Coinbase.com of illegal events and activities that were going on using their platform. \n\nIn nature to my complaint to Coinbase.com I too advised Coinbase.com to immediately contact the Federal Bureau of Investigation ( FBI ) at https : //complaint.ic3.gov/default.aspx #. If Coinbase.com failed to do so that should tell everyone that they did not want to and they fully was aware of the illegal event and activities. The date and time and the IP address that registered in the system does not lie now Coinbase.com must come forward and show up and show that both IP addresses in question are my IP addresses and must show that I never made any attempt to contact Coinbase.com or XXXX  XXXX XXXX, XXXX in nature to the fraudlent event or activities. \n\nI turned over to Coinbase.com the perso name that represented Coinbase.com and assisted me in setting up such Coinbase 's account. \n\nNow further read the detail Notice of Intent to file a law suit against Coinbase.com if this matter is not rectified and settled within the timeframe this complaint is filed before the government agencies listed in the complaint. \n\n_____________________________________________________ XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, IL XXXX XX/XX/XXXX Coinbase.com Attn : Legal Department XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, CA XXXX Re : Notice Intent to Sue Letter Dear Coinbase.com Owner : This notice is a written communication before the Consumer Financial Protection Bureau and the Federal Trade Commission on the illegal events and activities that has been discussed and brought before everyone in regarding the fraudulent activities that has taken place over your site or server. \n\nI have written to you already on numerous times in regard to immediately returning my {$10000.00} that was sent to your site after my notification to you not to pull from my Bank Account with XXXX XXXX  XXXX, XXXX. after suspecting criminal activity. \n\nIt has now been noted and brought to your attention in all the right and proper ways and I too validated on the records in your statement that such transaction was unauthorized or not authorized. \n\nBy your record you have a suspicious IP address that you know that is not my IP address and at that moment you should have immediately shut down the account and any transfer activities as I timely notified you of this in a timely manner. \n\nWhile filing this Consumer Financial Protection Bureau Complaint. I have requested that you produce and provide the following since you mentioned subpoena or getting a subpoena to get you to return whatever paperwork, records or funds from this event or matter. I have requested from you to turn over all legit financial service records such as licenses to operate in any money service business as well as your errors and omission insurance records. I am also requesting your corporate attorneys name address and phone number so that legal paperwork can be served to such agent of record address since you wish and failed to honor your own disclosure statement or record for the definition of fraud is clearly evident here. \n\nFor your statement of the record does not match up with XXXX XXXX or XXXX XXXX your employees statements or records. For how such person can know so much about your business and for you to say on the record that I purchased some cryptocurrency when I have never purchased or invested in cryptocurrency. This along is FRAUD and should be immediately looked at and into by the Consumer Financial Protection Bureau, Federal Trade Commission, and a Circuit Court for XXXX XXXX in the State of Illinois. \n\nI have too requested that you immediately notify the Federal Bureau of Investigation ( FBI ) and file a IC3 complaint by now you should have filed such complaint and too should have such paperwork under Title 18, of the United States Code, Section 1001. You too should surrender such paperwork and surrender all the paperwork that you should have brought under your response to the Consumer Financial Protection Bureau Complaint as well as the attached Certification of Record that were sent to you by the Consumer Financial Protection Bureau. \n\nI am open and willing to consent to a JURY TRIAL since you mention subpoena to get information that I should not need a subpoena at this moment until you openly agree to a JURY TRIAL. \n\nThis complaint is not the same as the complaint before, but it is a legit record showing my legal rights to attempt to reach you and to notify you through another government agency to attempt to get this matter resolved before having to take you into any court to enforce return of my funds in the amount of {$10000.00} that you are not entitled to. \n\nYou disclosure talks about money laundering which you and your business is assisting in money laundering for there is not evidence showing that your business is not set up and established to prevent money laundering for if such is not correct then you too should know to whom these funds were transferred from my account to whoever account and where such funds were transferred through and from your system, you will have the full name of the person, address, phone number, and email address, etc. just like you have my name on file and in your system. \n\nCoinbase came to the Consumer financial Protection Bureau with a scam response and did not provide anything from the PROPER RECORDS that I uploaded on Consumer Financial Protection Bureaus site. ( See complaint file that is not the same but if such is the same then where are the records that you should be producing with your answer or response? ) Coinbase have came here and made two key comments to justify the immediate return of my {$10000.00} back to my XXXX XXXX XXXXXXXX, XXXX. Account. \n\nI asked Coinbase.com to produce their legal counsel of records and physical address to be professionally and legally served. As of this date Coinbase.com has not produce or provided anything but a bogus statement to mislead others. \n\nIf I file a report or complaint of a Fraud or Scam, then the respondent should be responding back with certified proof evidence that such is not FRAUD or a Scam. \n\nCareful review the terms and definitions below on what is FRAUD and also understanding by the key definition below what is the definition of money laundering : wrongful or criminal deception intended to result in financial or personal gain. \n\" he was convicted of fraud '' Similar : Fraudulence, sharp practice, cheating, swindling, trickery, artifice, deceit, deception, double-dealing, duplicity, treachery, chicanery, skulduggery, imposture, embezzlement, monkey business, funny business Crookedness, hanky-panky, shenanigans, flimflam, jiggery-pokery, monkeyshines, management, knavery, trick, cheat, hoax, subterfuge, stratagem, wile, ruse, swindle, racket, scam, con, con trick, rip-off, leg-pull, sting, gyp, kite, diddle, fiddle, swizzle, bunco, boondoggle, hustle, grift, rort a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities. \n\" mediums exposed as tricksters and frauds '' Similar : Impostor, fake, sham, pretender, hoodwinker, masquerader, charlatan, quack, mountebank, swindler, fraudster, racketeer, cheat Money Laundering is as follows : XXXX the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. \n\" he was convicted of money laundering and tax evasion '' In accordance with the Federal Bureau of Investigation : The Money Laundering Control Act of 1986 ( Public Law 99-570 ) is a United States Act of Congress that made money laundering, a federal crime. It was passed in 1986. It consists of two sections, 18 U.S.C. 1956 and 18 U.S.C. 1957. It for the first time in the United States criminalized money laundering. Section 1956 prohibits individuals from engaging in a financial transaction with proceeds that were generated from certain specific crimes, known as \" specified unlawful activities '' ( SUAs ). Additionally, the law requires that an individual specifically intend in making the transaction to conceal the source, ownership or control of the funds. There is no minimum threshold of money, nor is there the requirement that the transaction succeed in actually disguising the money. Moreover, a \" financial transaction '' has been broadly defined, and need not involve a financial institution, or even a business. Merely passing money from one person to another, so long as it is done with the intent to disguise the source, ownership, location or control of the money, has been deemed a financial transaction under the law. Section 1957 prohibits spending in excess of {$10000.00} derived from an SUA, regardless of whether the individual wishes to disguise it. This carries a lesser penalty than money laundering, and unlike the money laundering statute, requires that the money pass through a financial institution. [ 1 ] [ 2 ] Now, I need a consent to a JURY TRIAL document turned over to me so that we can get this matter or issue before a JURY TRIAL for that {$10000.00} that you unauthorized pulled from my XXXX  XXXX XXXX, XXXX. is still my funds in which you have failed to honor the respect of the banking industry or financial service industry to return such funds back to the rightful owner which is me ( XXXX XXXX ). \nSincerely, XXXX XXXX Fraud Victim Enclosures : Records Certification Notice CC : Federal Trade Commission XXXX XXXX XXXX XXXX # XXXX, XXXX, IL XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX Washington, DC XXXX Securities Exchange Commission XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, IL XXXX Phone : ( XXXX ) XXXX _______________________________________________________ This is not a duplicate complaint but a complaint to validate our records of facts that this financial service merchant does not follow or abbey by his or her own business policies. \n\nWe need all the official records as noted in the complaint that is sent to the Merchant called Coinbase.com fully read the information below : If we suspect the transaction involves ( or has a high risk of involvement in ) money laundering, terrorist financing, fraud, or any other type of financial crime ; in response to a subpoena, court order, or other government order ; if we reasonably suspect that the transaction is erroneous ; or if Coinbase suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Coinbase will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction. To Whom This May Concern : Coinbase has not produced anything to validate its statements or claims but wishes to continue to filibuster this public complaint before the Consumer Financial Protection Bureau. Coinbase still has not produced such a legal license or certification as I have a right to see and have for my records. Coinbase makes such claim that I purchase some cryptocurrencies produce the receipt of purchase where I made such purchase. Coinbase refused and danced around to the issues of the IP Address in question and in issues. Coinbase refused to submit any documentation of proof showing that such representative did not or does not work with Coinbase.com. If such a person does not work with Coinbase.com or has never been affiliated with Coinbase.com then this is an official and legal matter of FRAUD. When Coinbase.com has to come into a court of law to prove. If such is FRAUD then Coinbase.com is responsible for the funds that they had pulled from my checking account after telling them not to pull from my checking account. Coinbase should have a better system set up and established to prevent any unauthorized transaction from anyone 's account. Whatever method you have set in place you should know where the funds are going, and to which account such funds are going after having them fully verify themselves as a sender or a receiver. How can you have a business that is set up in accordance with the Federal Trade Commission ( FTC ) 's rules, regulations, policies, procedures, and applicable laws to prevent money laundering and you can explain to any law enforcement or any official or legal government agency where such funds are going and into who account such funds are going into. You are assisting in the illegal event and illegal activities because somewhere and somehow you received a payment in some form or another and I am not the person or party that you are going to think that I am just going to allow you to get away with this scam. This is a SCAM and Coinbase.com is a SCAM supporting business. When you noticed such an alert triggered Coinbase.com should have shut it down and locked the consumer account and pick up the phone and directly made such communication contact with the consumer. Coinbase.com needs to be shown to the Consumer Financial Protection Bureau, the Federal Trade Commission, and the Federal Bureau of Investigation that such were performed. If Coinbase.com can not show measures or attempts to prevent FRAUD or illegal sign-in detection then Coinbase.com is fully liable for these funds that are mysteriously missing or transmitted out of this account without my knowledge, approval, or consent. It is just that simple. Now since Coinbase.com mentioned court and legal actions such as a subpoena. But still does not open and legally consent to a jury trial if legal court action is to result from this. I want paperwork officially and legally sign in advance that you are consenting to a JURY TRAIL to prove your case that this is not FRAUD. I need a physical address and not some po box for you should know that no legal service can not be perfected upon a po box . If you're required to be my physical address from your service, then I too should be entitled to get your physical address for proper service. We don't want any issues or hang up in not something being done in accordance with a Sheriff Department legal service when such paperwork served must be under a sworn affidavit by someone able to serve such legal documents. What you have done is not my issue or mistake it is your issue or mistake for I don't purchase cryptocurrency and I am not interested in purchasing such and never have been interested in purchasing such. So let 's please get that corrected for the records. Once you claim and said that I participated in cryptocurrency you made an untruthful statement which is FRAUD. You have the paperwork from the Federal Bureau of Investigation telling you exactly what to do and it is very strange that even to this date, you have not attempted to do anything. As well, as I have to file an IC3 Report then so should you for everything to equally match up in the Federal Bureau of Investigation 's database. The Consumer Financial Protection Bureau should know that I am correct and XXXX XXXX XXXX, XXXX. has proof that you carried out an unauthorized transaction and even it is printed in your communication of record that such as unauthorized but now you wish to try to claim that such was authorized and authorized by me which validate FRAUD. I encourage you to come clean and come correct for I have done everything that I was supposed to do from all legal aspects and to make people aware that this cryptocurrency claims, or business is an undercover scam and such should not exist or should have never been approved by whoever approved such. But you want to come into the Consumer Financial Protection Bureau and make such a claim that I am a cryptocurrency consumer when I am not. In closing, we need official and legal records from you showing that such date and time when such business was established and the legal corporation paperwork outlining what this kind of business is supposed to do for the people for which you are doing business. There is paperwork that should be to support my request. I need everything legal, accurate, and correct for law purposes and court purposes for we don't need any further issues or delays. You too should have Errors and Omissions Insurance in your records and a policy that covers and protect such occurrences as this one. Please produce such a policy agency that covers such and the policy number for the record. When you have two parties submitting conflicting statements, you have FRAUD, and such should be immediately reported to your law enforcement agency when this is a result of CYBER CRIMES or FINANCIAL SERVICE CRIMES. Now if I can do my part then COINBASE.COM should be able to do their part. I rest here and continue to wait for PROPER RECORDS that you should be producing to cause you to handle any funds of mine and to send out any funds of mine under my legal authorization and consent. PLEASE IMMEDIATELY TURN OVER YOUR RECORDS OF CERTIFICATION FOR THE RECORDS. COINBASE.COM has not produced anything to support its statements. XXXX XXXX Fraud Victim Securities Exchange Commission ( SEC ) Regulation Best Interest. \nUnder basic contract law, fraud in the formation of a contract renders the contract voidable by the innocent party at any time. Following this contract law principle, a merchant, buyer, or seller could declare a policy null and void if the person generating the transaction such under the terms and condition of coinbase.com in which such person lied in the act of performance or performing such illegal event or activities in his or her application for the process of generating any investment tool or engine, no matter when the merchant, business or agent discovered the lie. \n\nIn this case before the Consumer Financial Protection Bureau, Federal Trade Commission, and the Financial Securities Exchange Commission where Coinbase.com should have proof of certification of operating a money trading business or platform as well as should have proof of certification of licenses in place and such should be ready and made available to everyone via the internet to valid their business in trading and such cryptocurrency. [ By the way, I dont know what cryptocurrency is and know nothing about it, so why would I purchase such? ] You need to return my funds in amount of {$10000.00} for such transaction or act performed by such business personnel is fraudulent. \n\nA person by the name XXXX XXXX XXXX XXXX XXXX represented herself as a Coinbase.com employee or staff and is very knowledgeable with Coinbase.coms platform. If such is not true then the first paragraph in this notice before Coinbase.com, Consumer Financial Protection Bureau, The Federal Trade Commission and the Security Exchange Commission is true that this activity that was transmitted and transpired on Coinbase.coms platform is FRAUD. \n\nIn the online records before the Consumer Financial Protection Bureau coinbase.com has admitted that such event or activity was not authorized therefore placing the word as UNAUTHORIZED meaning that Coinbase.com nor such employee of Coinbase.com did not have the authorization and consent to funnel with and tamper with the account that is set up in my name under Coinbase.com and XXXX XXXXXXXX XXXX, XXXX. and therefore, the funds should have been immediately returned for if you clearly read the disclosure printed up and generated by Coinbase.com as their defense, it does not match up and does not validate or justify why such funds have not been returned back to my XXXX XXXXXXXX XXXX, XXXX. account. \n\nAs we submit this to everyone as well as Coinbase.com the definition of FRAUD is clearly stated and explained below. \n\nCoinbase.com knows where the funds are and knows where the funds went and knows how to timely and effectively recover the funds and knows how to report an illegal or criminal activity or event to the local law enforcement authorities. \n\nBy now Coinbase.com should have a police report and too should have an IC3 report from the Federal Bureau of Investigation to show proof that such is not money laundering or FRAUD or a scam. \n\nI have attached a record for record certification where coinbase.com should be open and willing to produce certified records to support its business operation online as well as produce license, and E & O Omission Insurance Policy that his business should have under the property and casualty insurance to protect itself and his employees from liability. \nIn a pervious noted comment by coinbase.com representative, coinbase.com mention subpoena in order for anyone to get a subpoena they need to have a civil action performed against a party such as coinbase.com. Since such was mentioned and noted then coinbase.com should be open and willing to sign a consent form for a jury trial and not for such illegal or criminal event or activities that has transpired on coinbase.coms platform should not be heard by a magistrate judge or a circuit court judge, but a jury panel in which coinbase.com should be able to enter such business defense before a jury. \n\nI am consenting to a jury trial in this complaint in which the Consumer Financial Protection Bureau should be serving upon Coinbase.com for an answer, and response in nature to crediting back my account and transferring my funds back to XXXX XXXX XXXX, XXXX. \n\nEverything that has been mentioned here will be used and mentioned in any court of law and before a jury. [ END ]","date_sent_to_company":"2022-06-12T05:40:58.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"60657","tags":null,"has_narrative":true,"complaint_id":"5661757","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Coinbase, Inc.","date_received":"2022-06-12T04:58:07.000Z","state":"IL","company_public_response":null,"sub_issue":"Funds not handled or disbursed as instructed"},"highlight":{"complaint_what_happened":["They too should have <em>Errors</em> and Ommission Insurance in place as well as other <em>Property</em> and Casualty Insurance such as Professional Liablity Insurance in 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