{"took":327,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":13,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"2332385","_score":32.776535,"_source":{"product":"Mortgage","complaint_what_happened":"The property located at XXXX XXXX XXXX XXXX XXXX Fla.XXXX, is our primary residence, it 's owned jointly, severally and liable to me and my wife. Due to health issues my wife was forced into an early retirement. I 'm solely responsible for the Debt Services, property taxes and insurances which are current and paid on a timely basis. HSBC Mortgage Services has an issue of me not being a signer on the note.Therefore, they 're unable to conduct a research of the account. All borrowers who are named in the security instrument must sign the note. A person whose income is not used in qualifying for the mortgage, but who does have an ownership in the property must be named and sign the security instrument, but is not required to sign the note.Further, a person who is a guarantor and who has an ownership interest in the property must sign both the note and the security instrument. As owners of this property we are requesting HSBC Mortgage Services please provide us with Documents, addressed to XXXX XXXX at XXXX XXXX XXXX XXXX XXXX XXXX, Fla.XXXX ( to be ) signed and dated with authorization allowing account information to XXXX XXXX.","date_sent_to_company":"2017-02-07T21:02:50.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"FHA mortgage","zip_code":"33056","tags":"Older American","has_narrative":true,"complaint_id":"2332385","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HSBC NORTH AMERICA HOLDINGS INC.","date_received":"2017-02-07T21:02:50.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["All borrowers who are named in the <em>security</em> instrument must sign the note. A person whose income is not used in qualifying for the mortgage, but who does <em>have</em> an <em>ownership</em> in the <em>property</em> must be named and sign the <em>security</em> instrument, but is not required to sign the note.Further, a person who is a guarantor and who has an <em>ownership</em> interest in the <em>property</em> must sign both the note and the <em>security</em> instrument."]},"sort":[32.776535,"2332385"]},{"_index":"complaint-public-v1","_id":"20205870","_score":22.615145,"_source":{"product":"Mortgage","complaint_what_happened":"I have reached out to Rocket Mortgage over 60 times since XX/XX/XXXX through XX/XX/XXXX about an issue that occurred where myself and a paramour living in a home did a refinance with the company and I assumed everything was done correctly but later found out a few months later after the refinance was completed and my partner had died that I had no ownership rights to the property because Rocket mortgage only had me recorded on the security deed and not on the warranty deed. This was very concerning and troubling as I wasnt aware at the time that two deeds should have been completed in the state of Georgia until after I had to hire two attorneys to deal with the home after her death in XXXX. Even more troubling was that it was as if I was being forced out of my home by the deceased family as they also had an attorney asking me to leave. I was paying the mortgage regularly even though without her income it was a significant hardship until I was advised by the attorney to stop making payments in XXXX of XXXX. I finally settled with her familys estate over 13 months later but the fight left me in financial distress as her heirs did not pay but one payment over 6 months. Therefore, I was left with a large past due balance with late fees and some corporate legal fees. I was able to avoid costly attorney fees by paying prior to them becoming involved. \n\nRocket mortgage did send over a loan modification that reduced payments a bit but would have increased the mortgage term to 40 years, which was not acceptable based on my age of being XXXX years old. I was hoping for some type of modification or concession that would correct the mistake that I feel was made by the Rocket mortgage closing team that would allow me to take on the security debt but have no ownership interest in a property that was my primary residence for over 6 years and without my income added to the loan application would not have been able to have been approved. We have repeatedly requested consideration of our situation and have been told that someone within the corporation would contact us about the request but havent heard back from anyone yet regarding some type of settlement to allow me to continue to keep the home and what was my good credit prior to the death and subsequent issues with title ownership, etc. Rocket mortgage representatives have been nice and provided customer service but either dont know or dont have the power to give a final answer to the request to reduce the fees/mortgage balance etc. Finally, I came home last year in XXXX and the door locks were changed as they had sent over a team to lock up the home during this back-and-forth dispute with the deceased relatives. I called and told them that I was going to continue to occupy the property and they gave us access to the property through a 4 digit code for the lockbox, but then they kept coming back and changing the locks after we notified them that we were going to try to make the necessary repairs and remain in the home. This is just an example of the extensive problems that I have experienced and would just like to have a response from the company to assist me in keeping the home, thanks in advance.","date_sent_to_company":"2026-03-12T16:39:11.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"30281","tags":"Older American","has_narrative":true,"complaint_id":"20205870","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Rocket Mortgage, LLC","date_received":"2026-03-12T15:53:58.000Z","state":"GA","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":["I was hoping for some type of modification or concession that would correct the mistake that I feel was made by the Rocket mortgage closing team that would allow me to take on the <em>security</em> <em>debt</em> but <em>have</em> no <em>ownership</em> interest in a <em>property</em> that was my <em>primary</em> <em>residence</em> for over 6 years and without my income added to the loan application would not <em>have</em> been able to <em>have</em> been approved."]},"sort":[22.615145,"20205870"]},{"_index":"complaint-public-v1","_id":"3582795","_score":13.445111,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"XX/XX/XXXX I was a victim of Fraud in which a tenant who was renting a property I own filed a FORGED DEED claiming he was the owner of the property with XXXX County. The tenant did so in order to avoid eviction after he fell months behind in rent. \nXX/XX/XXXX I filed suit against the individual who filed a Forged Deed and committed identity theft claiming ownership of my property at in XXXX Texas ( XXXX ) in the XXXX District Court of XXXX County. \nXX/XX/XXXX Multiple retained attorneys advise me and notify XXXX ( Mortgage Company ) of the pending lawsuit and forged deed. Additionally, I was advised to not make payments until the litigation was resolved as I stood a chance to lose not only the monies I had in the property but additionally any more monies I put in or paid off related to the property. \nXX/XX/XXXX Tenant moves to sell property with the FORGED DEED claiming title but XXXX XXXX who they were trying to use to close the property will not close as they find pending litigation on the property. Tenant then proceeds to find another Title company in XXXX Texas to do a remote closing a week or so later and the property is then sold by tenant to a new buyer through XXXX XXXX XXXX. Tenant falsely misrepresented to the title company that he is the owner and there is no litigation on the property ; the title company did not do their due diligence which resulted in the tenant proceeding to sign my name and use my SS # and other credentials thereby committing another case of forgery but this time an additional charge of identity theft. Proceeds of nearly $ 30,000+ were taken out and my outstanding mortgage loan on the property was paid in full by the buyer through the title company. Clean title was not given as litigation is still pending at XXXX County and set for trial in XX/XX/XXXX. The buyer was aware of this when they decided to take the risk and change to another title company after XXXX told them there was pending litigation and they would not close. \no The judgement on this case should be in my favor due to the forgery committed that allowed all of this to happen. The property title will be corrected and the last clear chain of title when I purchased the property in XXXX will be recognized as true and correct. I will then move to evict the current occupant through the sheriffs office. That individual will then have to go to the title company and move to sue the tenant who has committed all of these crimes and I am not a party to that suit or any of the other suits involving the title company, mortgage company, etc. \nXX/XX/XXXX {$13000.00} payment made to CITI through CITI website to reduce utilization down to 30 % and improve credit score 40+ points in order to secure a HELOC to borrow against 350k+ Equity in my primary residence at and use that line to eliminate remaining revolving debts. \nXX/XX/XXXX CITI reduces my credit line by {$13000.00} on that account. I cancel additional payment of {$15000.00} on another CITI account and begin to seek answer from CITI on decreased credit line on the first account and what can be done to fix this issue. \nXX/XX/XXXX I speak with supervisor a CITI ( Kentucky location ) who advises me to cancel my payment through my bank to CITI as it has not posted as he tell me he is unable to cancel it on the CITI end. He then escalates the matter and sets up a call with Presidential Department ( CITI ) to discuss keeping my line of credit open and allowing me to explain why my credit score fell ( at no fault to me ) in hopes of keeping my credit line and repairing my credit given I have had 10+ years of flawless credit history with CITI . \nXX/XX/XXXX I call and speak with another representative who confirms I have a spot to be called by the Presidential Department. I ask if there are any locations I can do in and see a banker and there are none in Texas or surrounding states. We hang up with the understanding that I will receive a call to have the option to discuss my situation. \nXX/XX/XXXX Representative from CITI Presidential Department calls and leaves a voicemail. \no I call back no answer, leave voicemail, proceed to call her 14 times and leave 2-3 voicemails over the next couple days with no call back. \nI call CITI and leave a message for them to have contact me. Citi Reference Number :  XXXX XX/XX/XXXX I receive a notification email that payment was returned unpaid. I knew this as this is what I was instructed to do by CITI employees on both XX/XX/XXXX and XX/XX/XXXX in order to discuss my options with the Presidential Department and potentially have the ability to my credit line. \nI log onto CITI website and see that something is wrong. I immediately see that both my CITI accounts have been closed. \nI contact CITI looking to speak with yet another American Supervisor as I still can not reach the Presidential Department. I speak with a gentleman with CITI in Arizona who informs me that because my account has been closed there is nothing he or I can do until I receive a letter in the mail explaining why my account was closed. He does tell me the credit line was reduced due to a credit pull but he thinks the line was closed due to the returned payment. \no Mind you the returned payment was an additional payment as I had already paid another payment earlier in the Month. I have since made another payment for {$1000.00} and {$800.00} to each of my accounts with CITI. \nXX/XX/XXXX I call and finally get a chance to speak with Presidential Department ( had been trying to reach since Monday XXXX XXXX ) and she has to notify me that I no longer can make the request to keep my line and now have to make a request to reinstate my line. Asks me to resolve my credit dispute before doing so in hopes that she can restore my line after the dispute is corrected. \no Problem : She doesnt realize the closing of my accounts maliciously and in bad taste by CITI will have more adverse effects on my credit. Likewise, the reason for doing so is due to someone fraudulently signing my name and forging documents in order to avoid eviction which had massive effects on my credit. \n\nIn short : I have a whole lot more information if CFPB would like it. \n1. My attorney sent notice of pending lawsuit to XXXX ( Mortgagor who needs to fix false reporting ) 2. XXXX Responds with Modification to loan 1. Breakdown in Modification Docs ( I have these docs for CFPB, also sent to CITI ) 3. Modification Payment made in full ( overpaid ) 4. 2nd Modification Payment made in full ( overpaid ) 5.  My attorney requested for XXXX to become party to pending lawsuit related to title on and want for declaration of property be awarded to me. This would ensure their position of securing their security note by way of my deed. Remember, we are in litigation over forgery of a deed claiming I removed my interest in the property to the tenant. \n1. Another payment was not made as XXXX as they refused to join the suit and notify the court to have the property awarded to me which would secure their own note. They said they did not have an attorney and would let the court rule accordingly. Mind you, another payment was not due as I was overpaid on payments so I was not forgoing my payments just not making additional payment. \n2. Moreover, the mortgage company reported that I made no payments in XXXX through XXXX but the transaction but not only did I make payments but I made additional payment to fully cover all three of those payments. This is the issue we are having with XXXX on top of the litigation related to the suit on proper title. \nCITI did not even give me the opportunity to discuss and has caused further damage to my credit and ability to get out of this mess. I had a plan and they have destroyed that plan through being unethical and malicious.","date_sent_to_company":"2020-03-27T18:54:43.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"3582795","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2020-03-27T18:32:33.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["XX/XX/XXXX {$13000.00} payment made to CITI through CITI website to reduce utilization down to 30 % and improve credit score 40+ points in order to secure a HELOC to borrow against 350k+ Equity in my <em>primary</em> <em>residence</em> at and use that line to eliminate remaining revolving <em>debts</em>. \nXX/XX/XXXX CITI reduces my credit line by {$13000.00} on that account."]},"sort":[13.445111,"3582795"]},{"_index":"complaint-public-v1","_id":"2646320","_score":12.651239,"_source":{"product":"Mortgage","complaint_what_happened":"My name is XXXX, and my address is XXXX XXXX XXXX XXXX, XXXX, Massachusetts XXXX. I believe that my father XXXX XXXX XXXX was born in XX/XX/XXXX and after suffering from XXXX, among other things, XXXX XXXX in XX/XX/XXXXwas the victim of predatory and deceptive mortgage origination and servicing tactics related to a home equity line of credit that was established in XX/XX/XXXX. To my knowledge, the Bank that is the current holder of the loan at issue, its predecessor bank, and the bank in which the loan originated, are Citizens Bank, N.A., f/k/a RBS Citizens, N.A., s/b/m XXXX XXXX XXXX XXXX, respectively ( the Bank ). To my knowledge, the relevant loan number is  XXXX, and file number is XXXX. \n\nMy father entered into a loan agreement that used his residence as collateral : XXXX XXXX XXXX XXXX, XXXX, Massachusetts XXXX. He used the proceeds from this loan for improvements on this property. However, my father was never an owner of this property. Instead, XXXX XXXX XXXX XXXX was owned by my fathers second wife until her death in XX/XX/XXXX. I understand that the Bank should never have offered my father a loan using property he did not own as collateral. This was the Banks error. Yet, instead of acknowledging this Bank failure, the Bank has attempted to seek to enforce the terms of this illegitimate loan by attaching my home, XXXX XXXX XXXX XXXX, through means including threats of foreclosure in XX/XX/XXXX and most recently on XX/XX/XXXX, as well as a deceptive letter related to my tax responsibilities sent on XX/XX/XXXX. Accordingly, based on the below, I respectfully request your assistance to resolve this matter. \n\nOVERVIEW In XX/XX/XXXX, my father owned XXXX XXXX XXXX XXXX, and I lived there. In the application for the loan, my residence, XXXX XXXX XXXX XXXX, was listed as collateral. However, XXXX XXXX XXXX XXXX, my fathers residence is the only collateral listed in the final loan agreement. In XX/XX/XXXX, I was added to the deed of XXXX XXXX XXXX XXXX as a joint tenant along with my father. My father XXXX  in XX/XX/XXXX. His wife XXXX in XX/XX/XXXX. My fathers wifes estate, administered by her children from a previous marriage, sold XXXX XXXX XXXX XXXX in XX/XX/XXXX to an unrelated third party. Based on questions to Bank representatives and a review of publicly available information, the Bank neither at the initiation of the loan in XX/XX/XXXX, nor in the time since has made any attempt to confirm the actual ownership of XXXX XXXX XXXX XXXX, which was the only property used as collateral on the disputed loan document. \n\nI, along with my sister who is the Executor of my fathers estate, have extended much effort to resolve the attempts to foreclose on XXXX XXXX XXXX over the last eight-plus years. The Bank has consistently failed to provide the necessary information to properly validate the loanas we have requested on numerous occasions. The Bank has failed to respond to two offers-in-compromise. We provided these offers, including hardship and settlement letters, as a sign of good faith and in an effort to end the Banks harassment. Further, the Bank has disregarded our written and oral attempts to dispute the debt, validate the debt, or ensure that our father actually entered into the loan with knowledge of what he was agreeing to. Instead, the Banks service representatives and foreclosure attorneys have misrepresented information, their respective planned actions, and flatly persisted in bullying our family. \n\nAlthough I have contacted and attempted to respond to the Bank throughout this last decade, I have not been able to stop this harassment or the threats to my home. As I am once again facing an attempt by the Bank to foreclose on my homewhich as I noted above was not used as collateral for the loanI would like to file an official complaint and request an investigation carried out by your Agency. I have limited means, and I need the help of my government to end this harassment. I have attempted to put together a timeline of relevant events, which is included below. This timeline is based on my best recollection of facts, and I have also provided some supporting documentation. \n\nRELEVANT EVENTS RELATED TO CONCERN WITH LOAN ORIGINATION 1. My father until his death banked at one bank : a Citizens Bank branch office located in XXXX, Massachusetts, which was close to his home. Upon retirement, his only source of income was from his Commonwealth of Massachusetts pension fund. He received approximately {$1600.00} per month, which was deposited directly into his account at Citizens Bank. His banking activities were relatively consistent over time ; {$1600.00} came in, and he wrote checks from this account for generally the same fixed living expenses e.g., utility bills etc. He did not use online banking or ATMs. Instead, he relied on the personal bankers within the Bank. As his health declined, he continued to go into the branch for his banking activities. At a certain point, however, my step-mother or I would drive and accompany him at the Bank. In my impression, he was always friendly with the bank staff. He knew them, and they knew him. \n\n2. On or around XX/XX/XXXX, my father signed a home equity loan application at the same XXXX Citizens Bank branch. In the application, his residence was listed as XXXX XXXX XXXX XXXX, XXXX MA XXXX, and XXXX XXXX XXXX XXXX, XXXX MA XXXX was listed as collateral. The loan application does not have a check mark under use of property where the options are owner-occupied primary residence, vacation, or investment. Under type of property, there is a check mark selecting single-family. Although my fathers sole income was his pension of {$1600.00}, the handwritten application reads that his gross income was {$2400.00}. Based on the handwriting, my father did not complete the application form for himself. However, the document does bear his signature. \n\n3. On or around XX/XX/XXXX, an Open-end Mortgage Home Equity Credit Line for a maximum of {$25000.00}, between Citizens Bank and XXXX XXXX XXXX was received and recorded by the XXXX XXXX XXXX of Deeds. This loan document registers XXXX XXXX XXXX XXXX, XXXX, MA XXXX as collateral for the loan. To be clear, the loan application listed the property at XXXX XXXX XXXX as collateral, yet the actual recorded loan document only identifies the collateral as XXXX XXXX XXXX, which my father never owned. \n\n4. Based on a review of my fathers records, his bank account that was linked to this line of credit was at the same bank. Any payment was automatically deducted from this account. \n\n5. To my knowledge, at the time of his death in XX/XX/XXXX, the loan was not in default. Instead, the Bank took an automatic withdrawal each month from his bank account. To my knowledge, this payment was for interest only, and not the principal associated with the loan. \n\n6. Based on a review of my fathers records, he only used this home equity line of credit to make improvements on XXXX XXXX XXXX XXXX wifes home in which he lived. \n\n7. Based on my understanding of the mortgage origination process that I have gained through this process, I am not aware of a financial basis that would have qualified my father for a {$25000.00} line of credit. A Banker at Citizens Bank completing an application for him would have known that his assets would not make him eligible for this line of credit. Further, a quick review of his account would make it clear to any Banker that his gross income was overstated, and his monthly expenses accounted for nearly the entirety of his actual monthly income from his pension. It stands to reason that a Banker would have also known that the only way he would have been able to pay this principal would be if he sold the home listed as collateral. \n\n8. Finally, as the Bank staff knew my father, I fear that due to his age, mental state, and perhaps his trust of the local bankers, that he indeed did not question the product, and he was taken advantage of as he entered into this agreement. \n\nRELEVANT EVENTS RELATED TO ADMINISTRATION OF ESTATE AND BANK ATTEMPTED FORECLOSURE XXXX. My father did not pass away with a large estate. His estate was not able to fully cover even his funeral costs. \n\n10. At the time that my sister was originally administering the Estate in XX/XX/XXXX, despite our belief that the debt was not legitimate, she offered the Bank the entirety of our fathers checking account and the proceeds from the sale of his car in a good faith effort to satisfy this debt. The Bank continued to accept payments from his checking account, but did not seek the proceeds of the sale of the carat which time we reasonably believed that the remainder of the debt was discharged. However, the Bank has persisted in its harassment to collect the remainder of the outstanding balance over time. \n\n11. In XX/XX/XXXX, my sister as Executor of the estate received a letter from foreclosure lawyers, XXXX XXXX  XXXX of XXXX, Massachusetts, representing the Bank in an attempt to foreclose on the property. To our recollection, both XXXX and XXXX XXXX XXXX were referenced within the Banks notice. We responded in writing requesting information about the loan. We do not have a record of that. But, we do have a cover letter dated XX/XX/XXXX in response from the Banks lawyers, which references receipt of our prior letter. \n\n12. Based on a search of public records, I know that a Complaint was filed by XXXX XXXX XXXX in the Commonwealth of Massachusetts Land Court, dated XX/XX/XXXX, which moved to foreclose on XXXX XXXX XXXX XXXX. As noted throughout my letter to your Agency, XXXX XXXX XXXX XXXX, was not the property listed as collateral on the loan document. \n\n13. XX/XX/XXXX, as we did not believe that the Banks lawyers were reasonably responding to our requests to perform a loan validation related to this loan and foreclosure, we filed a complaint with the Massachusetts Attorney Generals office. We do not have record of this complaint. We have checked with the Massachusetts Attorney Generals office, and the office does not have records of this inquiry either. However, after we made this complaint, and the Massachusetts Attorney Generals office got involved, we did not hear anything more from the Banks foreclosure lawyers, XXXX XXXX  XXXX. Based on a review of publicly available records from the Commonwealth of Massachusetts Land Court, the lawyers indeed did not file anything further. Instead, to my understanding, the case was closed for statistical reasons in XX/XX/XXXX, which I have learned is the term used when a case has been indefinitely inactive and the filing party has not responded to inquiries from the court, which include an Order of Notice for Service. \n\n14. Based on my handwritten notes, in XX/XX/XXXX, either I or the Estate continued to receive communication regarding this loan. I spoke with several Bank divisions and representatives in the following Bank departments : mitigation department, loan department, the foreclosure department, the Banks foreclosure representative, and customer service at CCO Mortgage. \n\n15. Although the Bank has notice of the official address of the Executor, which is a XXXX, XXXX address, the Bank has persisted in sending announcements to the Estate to either XXXX XXXX XXXX XXXX or XXXX XXXX XXXX XXXX. In XX/XX/XXXX, the Estate received, despite it being sent to XXXX XXXX XXXX XXXX, a notice to cure the outstanding debt that had a total balance listed of {$24000.00}. The notice stated that if the default was not cured by XX/XX/XXXX, the Bank may take steps to terminate your ownership in the property by a foreclosure proceeding or other action to seize your home. Although XXXX XXXX XXXX was listed as the addressee of this Notice, through my widowed step-mother, I received the notice. As my home had previously been the target of the Banks foreclosure attempts, I immediately called the Bank to once again try to resolve this issue. \n\n16. I spoke with numerous Bank representatives in customer service, the loss mitigation department and the foreclosure department to make it clear that there was no association between my fathers loan and my property. At the conclusion of these conversations, it was my understanding that the Bank would stop contacting me and the Estate regarding this account. I believed that the loan had been discharged. \n\n17. Subsequent to the conversations with the Bank, I followed up again as I had not received anything in writing from the Bank indicating that the matter was resolved. At that time in XX/XX/XXXX, based on my handwritten notes, I was given direction by the Bank to submit a settlement and hardship letter. \n\n18. In an attempt to finally resolve this matter, before XX/XX/XXXX, I wrote a settlement and hardship letter to the Bank, which referenced account number XXXX. In this letter, I noted, among other things, the following : a. As I discussed several times with representatives of the bank the lean with respect to my fathers loan is on a property other than mine. Through a great deal of research on my part I was able to find that there is a cloud on my deed by the equity loan that my father inquired from Citizens bank. I would like to resolve this matter as soon as possible ; in doing so, I would like to make an offer of {$10000.00} ( XXXX XXXX dollars and XXXX cents ) to close off this account. \n\n19. This settlement and hardship letter/offer-in-compromise went unanswered. \n20. On or around XX/XX/XXXX, I wrote an additional settlement and hardship letter, which read, in relevant part, as follows : a. This is in addition to the other hardship letter that you requested. I am presently un-employed and have been for the past 8 months my un-employment ran out about two months ago. The money that was offered to settle this matter on behalf of my deceased fathers equity loan I am borrowing to clear this matter up as discussed with several representatives of the bank 21. This additional settlement and hardship/offer-in-compromise letter also went unanswered. \n\n22. Based on my handwritten notes, I called to follow up on these letters and spoke to several Bank departments including the foreclosure department and loss mitigation department. None were able to offer a clear resolution. Instead, on or around XX/XX/XXXX, I was directed to open a new account number. At the time, I wrote, Dont know why. \n\n23. At some point during this time, based on my handwritten notes, I sent 60 days of bank statements as well as a copy of my fathers death certificate. \n\n24. Further, at some point during this time, based on my handwritten notes, I sent paperwork to verify my income. \n\n25. In XX/XX/XXXX, the Estate, addressed to the correct address of record in XXXX, XXXX, received a notice from CCO Mortgage that read in relevant part : Your account has been referred to me because we have received documentation from you indicating you would like a loan modification for the property at XXXX XXXX XXXX, XXXX MA XXXX. Neither my sister, on behalf of the Estate, nor I, at any time, requested to modify the loan. This is particularly true as neither the Estate nor I have any legal responsibility and/or claim to XXXX XXXX XXXX XXXX. \n\n26. Based on my handwritten notes, in XX/XX/XXXX or XX/XX/XXXX, I faxed paperwork to Citizens Bank with property tax information for both XXXX and XXXX XXXX XXXX XXXX. \n\n27. I do not have complete records of any correspondence with the Bank from XX/XX/XXXX/XX/XX/XXXX to the present. \n\n28. Recently, the Estate received a letter dated XX/XX/XXXX from the law firm of XXXX, XXXX, XXXX XXXX, representing Citizens One Home Loans, which related to this loan. \n\n29. In response, on XX/XX/XXXX, my sister as Executor responded, in relevant part, with the following : a. I am the executor of the estate of XXXX XXXX XXXX. I received a letter dated XX/XX/XXXX from Citizens One Home Loans regarding loan number XXXX. XXXX XXXX XXXX in XXXX. I no longer have easy access to the materials related to my earlier extensive correspondence with Citizens Bank regarding this loan both due to the passage of time and because I believed that we had satisfactorily resolved this matter. Can you please forward to me a copy of the complete set of the materials you have relating to this loan so that I may see what the bank is pursuing? \n\n30. The Banks lawyers did not respond to this request to verify the debt. \n\n31. In a letter dated XX/XX/XXXX, which was sent to XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and the address on file for the Estate, XXXX, XXXX, XXXX XXXX sent a letter which read, in relevant part, the following : a. RE : XXXX XXXX XXXX XXXX, XXXX MA Loan No. : XXXX File No. : XXXX .. \nPlease be advised that the Note is in default for breach of the conditions contained in the Loan Documents, including your failure to make monthly payments due under the Note. The Lender does hereby elect to accelerate said Note and declares the entire balance due and payable forthwith and without further notice. \nAs of the date of this letter, the amount secured under the mortgage loan is {$33000.00}. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater. \nUnless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume the debt is valid. If you notify this office of your dispute in writing within 30 days after receiving this notice, we will obtain verification of the debt and will mail you a copy of such verification. Upon written request, within the 30-day period, we will provide you with the name and address of the original creditor, if different from the current creditor. \n\n32. Also, although neither I nor the Estate has been served, I have performed a public records request, and I am aware that the same law firm, in a document dated XX/XX/XXXX, filed a Complaint to Determine Military Status. I have learned that this is likely the first step to a foreclosure proceeding. Further, the Complaint identifies me as the Defendant and it states that it relates to a mortgage covering XXXX XXXX XXXX XXXX, XXXX, and more particular described in said mortgage. \n\n33. On XX/XX/XXXX, the Estate sent a letter to XXXX, XXXX, XXXX XXXX that, in relevant part, disputed the debt, requested validation of the debt, and was stated to serve as a RESPA Qualified Written Request, and TILA Request for Information and Complaint. Within the letter, my sister on behalf of the Estate, requested a confirmation of receipt of the letter within 5 days and an audit of the account within 30 days. As the Bank has referenced both XXXX and XXXX XXXX XXXX XXXX in its correspondence, the Estate requested such information related to both properties. To my understanding, accounting for relevant holidays, the 30 day time period for a response from the Banks attorneys fell on XX/XX/XXXX. \n\n34. The Bank has not provided any response to the XX/XX/XXXX request to, among other things, validate the debt. \n\n35. Also on XX/XX/XXXX, the Estate at the correct XXXX XXXX address received a letter from Citizens One Home Loans, which read in relevant part the following : Parcel No : XXXX. \nThis situation is very serious and must be given your prompt attention. \nA recent review of tax records has identified delinquent real estate taxes and/or special assessments on your property. We, as the lender, have a security interest in the mortgage property and are entitled to be assured that the real estate taxes and/or assessments are paid on time. \n\nIn the event that you are unable to provide us with acceptable proof of payment within 30 days of the date of this letter, we may without further notice elect to advance payments of the delinquent taxes, special assessments, charges, penalties, and interest as provided in your loan documents. Furthermore, an escrow account may be established for payment of future taxes. Your monthly payment will be adjusted accordingly. \n\n36. In relation to the above XX/XX/XXXX letter from Citizens One Home Loans, all payments for taxes on XXXX XXXX XXXX XXXX, XXXX number XXXX, are up-to-date. Further, on XX/XX/XXXX, XXXX sent a tax bill for XX/XX/XXXX. This bill showed no delinquency. Although it was quite alarming to learn of the Banks XX/XX/XXXX letter and its characterization of my tax responsibility, to my knowledge, there is no delinquency on the tax payments for my home. \n\n* * * I was born in XXXX, and I have spent my life in XXXX. I have raised my children in XXXX, and I am a member of this community. Our neighbors are our friends. This is my home. I am seeking your help as it has become an insurmountable task to continue to attempt to take on a Bank that likely enrolled my father in a product without qualification or his full understanding and thereafter despite the fact that my property XXXX XXXX XXXX XXXX is not listed on the loan document, has attempted to foreclose on my home. A fair resolution of this complaint is for the Bank to stop attempting to attach my home to this loan, and for any outstanding debt to be discharged.","date_sent_to_company":"2017-09-22T21:04:27.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"020XX","tags":null,"has_narrative":true,"complaint_id":"2646320","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIZENS FINANCIAL GROUP, INC.","date_received":"2017-08-23T15:14:53.000Z","state":"MA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["In the application, his <em>residence</em> was listed as XXXX XXXX XXXX XXXX, XXXX MA XXXX, and XXXX XXXX XXXX XXXX, XXXX MA XXXX was listed as collateral. The loan application does not <em>have</em> a check mark under use of <em>property</em> where the options are owner-occupied <em>primary</em> <em>residence</em>, vacation, or investment. Under type of <em>property</em>, there is a check mark selecting single-family."]},"sort":[12.651239,"2646320"]},{"_index":"complaint-public-v1","_id":"2996279","_score":10.941458,"_source":{"product":"Mortgage","complaint_what_happened":"My complaint surrounds multiple infractions that have essentially negated my abilities to obtain a loan modification for several years with Chase Bank ( CB ). The purpose of the modification request is so that I will be allowed to retain my primary residence. This complaint outlines actions performed by CB, in the form of negligent misrepresentation, misleading conduct, violations to the FDCPA, and non-transparency during the loan modification review process. \n\nAll of these actions embodied violations and provisions set forth under HAMP while it was still available and The National Mortgage Settlement ( NMS ) of XX/XX/XXXX and rules set forth by the CFPB. The investor of my loan is CB. \nThe U.S. Securities and Exchange Commission ( SEC ), has strong interests with issues that surround activities of financial professionals and mutual fund trading to prevent fraud and intentional deception. In an effort to bailout the 5 national banks the Obama administration enacted a mortgage bail out for the Top 5 banks with billions in mortgage relief funds as well as the administration rolled out the Making Homes Affordable ( MHA ) programs. As a result of the top 5 banks mishandling the bailout money for execution of the MHA, the banks were sanctioned with fines and new underwriting conditions were put in place, which also gave birth to the National Mortgage Settlement ( NMS ) and the Consumer Financial Protection Bureau ( CFPB ). Also Special Inspector General for the Troubled Asset Relief Program ( TARP ) was charged with oversight of banks that mishandled these funds. There are obligations by both CB, to have offered some type of home loan retention options for a number of reasons. It is a fact that CB, is the loan servicer of my loan and has been for most of the life of the loan. For countless years now, CB, has failed to provide or ensure accountability, transparency, or maintain integrity during the review process of my mortgage loan. \n\nMy financial hardships began back in XX/XX/XXXX, when my XXXX was negatively impacted by the collapse of the housing market. This business came to a screeching halt and I was forced into filing chapter XXXX bankruptcy. Since then my wife and I have managed to regain fulltime employment however, Ive been rejected for any attempt at retaining ownership of my home. Ive applied for more than one loan modifications throughout the years and I have been declined multiple times for loan modification no real tangible explanations as to why. These requests are intensely tedious and consist of an extremely redundant process of faxing document after document in to CBs loss mitigation department, to no avail. Still, we received more and more request for documentation ; even identical documentation request for the underwriters review. Recently as of XX/XX/XXXX, we were told that our investor hasnt approved a modification because we have sufficient cash reserves or assets that give our family the ability to pay our mortgage current. This statement is false and misleading and lacks any supporting documentation which would support such a claim. At the time of this particular review our accounts did not reflect large amounts of reserve funds which could bring our account current. \nFurthermore our income was sufficient, which could more than serve as adequate debt to income, in order to be able to resume making payments on our loan ; and has been for many years now. CB, has grossly miscalculated my income as well as our abilities to repayment of our home loan. Each area of misconduct contains several layers of wrongdoing and supporting documentation. Every time our loan is reviewed we are given every excuse from CB as to why the loan will not be modified. \n\n\nIts very odd considering in XX/XX/XXXX, the U.S. Department of the Treasury created the Hardest Hit Fund to provide targeted aid to homeowners in the states most affected by the housing market crash. As part of this program, {$7.00} XXXX in aid was allocated to the 18 statesincluding Indianathat experienced the most extreme home price declines and high unemployment rates as a result of the economic crisis. In XX/XX/XXXX, the states received another {$2.00} XXXX so they could continue their foreclosure prevention efforts. For these reasons, I demand a detailed explanation as to how and why our family has been offered no opportunity to save our home in the past year. It is most certainly not due to lack of trying as our records will indicate. Indiana foreclosure settlement conferences statutes, IC 32-30-10.5, Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages. CB,  egregious negligence, misguided servicing, misleading conduct, unethical underwriting practices, and failure to comply with the terms of MHA, TARP, or NMS, requires immediate attention or filing a civil lawsuit on my part. Even the statements made by CBs agents on multiple occasions throughout the past year further support our claims. I have also been harmed financially by CB, over multiple years due to them refusing to modify my loan. \nCB, continues to add frivolous foreclosure junk fees which adjust to my account every month in the form of late fees, compounded interest, property evaluation fees, inspection fees, legal fees, escrow fees, and the list goes on. All of this time we have been bearing the financial burden of negative credit reporting violations to the fair credit reporting act ( FCRA ). It appears that all these communications have been ill advised. All of the above actions have directly and negatively affected our ability to cure our delinquency and restore our account into good standing.","date_sent_to_company":"2018-08-20T14:42:47.000Z","issue":"Struggling to pay mortgage","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"46304","tags":null,"has_narrative":true,"complaint_id":"2996279","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2018-08-20T14:35:23.000Z","state":"IN","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["My complaint surrounds multiple infractions that <em>have</em> essentially negated my abilities to obtain a loan modification for several years with Chase Bank ( CB ). The purpose of the modification request is so that I will be allowed to retain my <em>primary</em> <em>residence</em>. This complaint outlines actions performed by CB, in the form of negligent misrepresentation, misleading conduct, violations to the FDCPA, and non-transparency during the loan modification review process."]},"sort":[10.941458,"2996279"]},{"_index":"complaint-public-v1","_id":"6707389","_score":10.747969,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Specialized Loan Servicing, ( SLS ) XXXX XXXX XXXX XXXX. \nXXXX XXXX, CO XXXX Consumer Financial Protection Bureau, ( cfpb ) 1700 G St. NW Washington , DC 20552 Bankruptcy Court to Take Judicial Notice of its Record. \nXXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX Virginia XXXX Case No. XXXX Applicable to All Successors and/or XXXX Re : RESCISSION OF 2nd MORTGAGE LOAN NO. XXXX Property : XXXX XXXX XXXX XXXX VA XXXX, AS A DEFENSE TO ILLEGAL FORECLOSURE SCHEDUKED FOR XX/XX/XXXX, BY THE XXXX, XXXX XXXX, XXXX Notice to the agent is notice to the principal and notice to the principal is notice to the agent. \nPlease take notice as follows : We have not received of any correspondence from XXXX XXXX XXXX XXXX XXXX, ( XXXX ) and Specialized Loan Servicing, ( SLS ), but XXXX illegally scheduled our primary residence for illegal foreclosure for XX/XX/XXXX, at XXXX as shown below ; XXXX XXXX XXXX XXXX  added. XX/XX/XXXX XXXX. Bankruptcy Court Eastern District of Virginia must take Judicial Notice of its Dockets and cases on record and case records as shown below : - Please note that the above referenced loan was rescinded, and SLS, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX status was reduced from secured to unsecured and was discharged in Bankruptcy Cases as unsecured in XXXX  XXXX bankruptcy because at the time of filing the property was under water, listed price of house at that time was {$370000.00} ( Schedule A Real Property XXXX. XXXX XXXX. XXXX ), no one objected, listed unsecured. \nIn XXXX husband case No. XXXX, the XXXX XXXX offered to settle for 35 % of {$100000.00}, The husbands attorney listed remaining {$69000.00} of {$100000.00} as unsecured ( Schedule D XXXX Case No. XXXX ), notified XXXX XXXX & XXXX, no one objected, debtors husband was granted discharge, XXXX XXXX and XXXX never objected discharge. \nSpecialized Loan Servicing, ( SLS ) falsifying and misleading, committing bankruptcy discharge  violation, because Debts were discharged [ no one objected discharged ] in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX nonexistent/in active entity ] et al and their agents from collecting a discharged debt. \nDebtor and her husband disputed this debt with SLS, and XXXX and asked for verification and validation of the alleged debt repeatedly, from SLS via Certified Return Requested Mail Number XXXX and Certified Return Requested Mail Number XXXX dated XX/XX/XXXX, received by SLS and XXXX on XX/XX/XXXX, and on XX/XX/XXXX. In a letter dated XX/XX/XXXX, SLS informed and stated. \nThe XXXX reference mortgage account was discharged from the XXXX  XXXX Bankruptcy, therefore there is no longer a debt for us to validate. \nPlease see Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; XXXX XXXX. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. SLS and its agents are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX al and their agents from collecting a discharged debt. \nWe are asking the Bankruptcy Court to act for these violations against SLS, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX and all others involved in this civil theft. \n\nXXXX. NO NOTICE OF DEFAULT ISSUED OR SENT We have not received of any correspondence from XXXX XXXX XXXX XXXX XXXX, ( XXXX ) and Specialized Loan Servicing, ( SLS ), but XXXX illegally scheduled our primary residence for illegal foreclosure for XX/XX/XXXX, at XXXX There is no default, and you are forever barred to collect on a discharged loan. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX al and XXXX from collecting a discharged debt. \nFor your information we disputed this debt with SLS, and XXXX and asked for verification and validation of the alleged debt, for SLS via Certified Return Requested Mail Number XXXX and Certified Return Requested Mail Number XXXX dated XX/XX/XXXX, received by SLS and XXXX on XX/XX/XXXX, and on XX/XX/XXXX. In a letter dated XX/XX/XXXX, SLS informed and stated. \nThe XXXX reference mortgage account was discharged from the XXXX  XXXX Bankruptcy, therefore there is no longer a debt for us to validate. \nSLS Letter dated XX/XX/XXXX On XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, we did ask again verification and validation of debt, which was not done as of today. Again, repeatedly we asked again but no response in connection with the verification and validation of the debt was received. \nXXXX. XXXX has listed our property for illegal foreclosure scheduled for XX/XX/XXXX, without any default notice, without verification and validation of debt. \nXXXX has listed our property for illegal foreclosure scheduled for XX/XX/XXXX, without any default notice, without verification and validation of debt. XXXX is advised also to see Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; XXXX XXXX. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. XXXX and SLS are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX al and XXXX from collecting a discharged debt. \na ) The paperwork used in our case by XXXX, and its alter ego XXXX XXXX, XXXX, ( XXXX ) is fabricated, forged or irrelevant to ownership, authority or even balances. \n\nb ) XXXX  and its predecessor law firm, XXXX XXXX XXXX XXXX XXXX had a pattern and practice of creating questionable documents. In fact, upon information and belief, when questioned and investigated regarding such and other irregular and fraudulent documents, XXXX changed its name from XXXX XXXX XXXX XXXX XXXX to its present name XXXX XXXX XXXX XXXX. \nc ) SLS, XXXX and its alter ego have engaged in a pattern of conduct that involves fabrication of documents, fraud, forgery, robo-signing etc., that the pattern of conduct exists, and that pattern of conduct has a nexus ( connection ) to the case at bar. \nd ) XXXX  prepared documents from XXXX CALIFORNIA, where XXXX does not exist to be included in false filings to commit civil theft. \nXXXX ) XXXX and XXXX et al the attorneys of XXXX authorized non-lawyer members of XXXX Laws staff to sign their name on the documents, including affidavits. \nf ) XXXX and XXXX XXXX al instructed the staff members ( who were also notaries public ) to notarize the affidavits, even though he had not signed them. \ng ) As to the nature of the ethical duty violated, by robo-signing a large number of documentsincluding falsely notarized affidavitsin foreclosure filings, XXXX  attorneys : ( XXXX ) made false statements of fact to tribunals ; ( XXXX ) instructed non-lawyer members of XXXX Laws staff to engage in conduct that was incompatible with XXXX  attorneys professional obligations ; and ( XXXX ) engaged in conduct that negatively impacted the efficacy of the courts and the publics perception of the legal profession. \nh ) XXXX  attorney et al ( XXXX ) showed a pattern of misconduct by authorizing signatures in at least XXXX foreclosure actions over the course of XXXX months ; and ( XXXX ) committed multiple offenses ( at least more than XXXX of them ). \ni ) On XX/XX/XXXX, the hearing judge filed, an opinion including findings of fact and concluding that XXXX  and XXXX  alter egos owner XXXX XXXX XXXX violated XXXX XXXX ( a ) ( XXXX ) ( Making or Failing to Correct a False Statement to a Tribunal ), XXXX ( a ) ( Responsibilities Regarding Non-Lawyer Assistants ), XXXX ( a ) ( violated the Maryland XXXX ' Rules of Professional Conduct - ( Violating XXXX ), and XXXX ( d ) ( Conduct Prejudicial to the XXXX XXXX XXXX ). \nj ) The false notice of default, and illegal scheduling for our property for XX/XX/XXXX in XXXX  Laws filings in our case were : ( XXXX ) falsely issued from California, where XXXX does not exist ; ( XXXX ) not signed by XXXX XXXX XXXX, XXXX XXXX XXXX and others, ( XXXX ) owned and represented XXXX  ; ( XXXX ) failed to seek aid and direction from the court when requested by us. \nXXXX ) We aver that XXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX XXXX ego and their owners including XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX et al, violated Virginia Lawyers ' Rules of Professional Conduct in our case. \nl ) Upon information and belief, XXXX XXXX XXXX, XXXX XXXX and XXXX, attorneys, and principals of XXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX XXXX XXXX XXXX ego Equity. XXXX knew or should have known that non-creditors terminated trustee XXXX XXXX, non-existent XXXX XXXX XXXX XXXX XXXX did not satisfy conditions precedent to Notice of default in our case for VOID DOT, failed to act impartially towards us due to incentives which caused XXXX  through its XXXX ego to rapidly, send false notices of default and conduct civil theft in violation of federal and state laws. \nm ) XXXX  and its created the shell entity, violated law by sending us same form letters containing language that overshadowed and contradicted disclosures required by law, threatening to act of wrongfully committing civil theft, not intended to be taken, attempting to collect debt without providing mandatory disclosure required. \nXXXX ) XXXX violated law by communicating us when it knew we were not in default and were represented. \n\nOn XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, we did mail to XXXX, SLS and XXXX XXXX Bank XXXX response to their letter dated XX/XX/XXXX, and XX/XX/XXXX via UPS XXXX XXXX XXXX below ; XXXX ) Tracking XXXX, sent to SLS XXXX by them on XX/XX/XXXX XXXX ) Tracking Number XXXX, sent to XXXX XXXX, received by them on XX/XX/XXXX, at XXXX SLS et al failed to verify and validate the debt and referred it to XXXX which is a Clear VIOLATION of FDCPA and other Federal and State Laws XXXX  and its alleged client SLS willfully violated the Bankruptcy discharge stay by, among other things, prosecuting an illegal default notice with intent to illegally commit civil theft action through the law firm/attorney XXXX  action, forcing us to move, secretly sending false Bailee letter to XXXX, failing to protect the residence from looting, refusing and, and subjecting the XXXX to a mortgage modification XXXX. Pursuant to 362 ( k ) ( 1 ), SLS and XXXX are liable for all damages incurred between the initial violation of the bankruptcy discharge. \nXXXX ) The subject loan was rescinded within 03 years with, National City Mortgage a division of XXXX XXXX XXXX  XXXX Indiana, ( XXXX XXXX XXXX  ), XXXX XXXX XXXX, ( XXXX ), the prior servicer and XXXX and later as a defense to foreclosure., XXXX XXXX XXXX  XXXX SLS and XXXX intentionally ignored our rescission notice and failed to act within 20 days window and by operation of law rescission was self-imposed and their status was reduced from secured to unsecured creditors. \nXXXX ) The subject loan was unsecured and listed as in Bankruptcy cases and was discharged. SLS XXXX of XX/XX/XXXX, XX/XX/XXXX, and XXXX letter dated XX/XX/XXXX, and scheduling of illegal foreclosure for XX/XX/XXXX are in violation of Rescission, Bankruptcy Discharge, and Bankruptcy laws. \nXXXX ) XXXX, XXXX and SLSs failure to perform as requested showed bad faith and established the fact that XXXX, XXXX, XXXX XXXX XXXX XXXX and SLS XXXX XXXX abusive, deceptive, false, and unfair collection tactics against us as a consumer. Furthermore, since XXXX, XXXX, XXXX XXXX XXXX XXXX and SLS remained silent to our request or were unable to verify and validate the debt as above, the legal concepts of estoppel by acquiescence and tacit admission came into play whereby the alleged debt was admitted invalid, a nullity, and unenforceable, and thereby repudiated in its entirety ab XXXX XXXX \nXXXX. We hereby object and dispute the alleged debt because this is the violation of the rescission and XXXX  XXXX Bankruptcy Discharges, and you and your alleged client can not add any fee and or amount to that, discharged debt. \nXXXX must ask its alleged client to provide the following accounting ledgers. \nXXXX ) Servicers REMITTANCE LEDGER, since inception. \nXXXX ) XXXX XXXX XXXX XXXX, since inception. \nXXXX ) Trustees REMITTANCE LEDGER, since inception. \nXXXX ) Distribution Report amount received through and entered in above ledgers. \nXXXX ) XXXX, Cash Flow Statement : Please provide us with, XXXX, Cash Flow Statement. We have an asset that you are holding of ours that you failed to give credit to us, where the alleged creditor has made a mistake, is that they are likely carrying our asset on liability ledger of balance from your accounts receivable. \nXXXX ) We have already requested to you and your predecessors and are requesting again from you, your alter ego, to go and check the record, asset side ( receivable side ) and liability side ( accounts pay able ) of the accounting ledger. \nXXXX ) On the corporate liability off balance sheet ledgers, there has been a setoff deposited there and while comparing both sets of books, you will see there is a setoff, which is a claim under civil rule XXXX, which we have timely invoked and are invoking again for the record for future use. \nXXXX ) We signed the promissory note under UCC Article 3 and after securitization it comes under the Article XXXX and you, and your alleged client have failed to record a debt to us on their liability side of the ledger. \nXXXX ) Your client being the alleged creditor, have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ). \nXXXX ) You and your alleged client did not adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the accounting ledger. All you and your alleged client have done is to keep the ledger separate and commit fraud upon fraud, in committing this civil theft. \nXXXX ) We also request you SLS, your alter ego XXXX, XXXX its owners, servants, employees, and agents to go and see both accounts receivable and accounts payable and to do a setoff under XXXX XXXX as the debt is extinguished from the books when we tendered the promissory note to you. Under Article 9 in commercial law everything becomes the cash proceeds. \nXXXX ) We also request you to produce XXXX registration statement which will indicate that your alleged clients have sold the note and that is a transfer and your alleged client and or its agents are not the real party in interest. \nXXXX ) The balance sheet, a XXXX, XXXX, and XXXX, have XXXX numbers on them which will tell you that Factious entity including XXXX XXXX XXXX, XXXX, XXXX, have sold the note. ( These balance sheets are subject to disclosure under the privacy act, Title 5 USC 552 ( b ) ( 4 ).\n\nXXXX ) Your alleged clients are required to file balance sheets, under USC 248 and 347 with the Federal Reserve XXXX. The balance sheets show the assets and liability that you have use in accounting. The liability would be the promissory note. It is liability because it is an asset to us. \nXXXX ) We have decided why to carry the payables on the books if it has been abandoned. Why not write them off and sell them for more cash. Your alleged client and its agents are calling it an offset accounting, but in UCC it is called a recoupment. \nXXXX ) We hereby do a defense in recoupment under UCC 3-305 and claim under 3-306. \nXXXX ) We have a possessory and property claim against the cash proceeds under the liability side of the ledger. \nXXXX ) As per UCC 3-306, there can not be a holder in due course on the promissory note after your client has deposited it. \nXXXX ) Your clients are doing an off-balance sheet entry. This means that your clients have taken our note after they sold it, instead of showing it on balance sheet they have moved over to some other entities balance sheet. It is no longer on the banks books, and this is called off balance sheet bookkeeping. \nXXXX ) You and your client are not showing the liability side of the ledger or the accounts payable because it has been moved over to someone elses balance sheet. \nXXXX ) Now we are bringing in recoupment on behalf of the real party of interest which are us because we are the real creditor against the liability side of the account. \n\nXXXX. Abusive/Deceptive/Unfair and Deceptive Practices Neither CLS nor the SLS, ( Servicers XXXX did not comply with all federal and state requirements in connection with the servicing as stated above in paragraphs XXXX above ; they violated rescission laws and Bankruptcy Discharge and repeatedly sent us notices/letters in violation of FDCPA when Deed of Trust, ( DOT XXXX ) was VOID due to rescission. They were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs.We have correctly requested to Consumer Financial Protection Bureau, ( Cfpb ) and requested to take action against, them, for this fraudulent debt, in violation of 15U.S.C. 1692e ( 2 ) ( A ), threatened to take an action that can not legally be taken or that it did not intend to take, in violation of 1692e ( 5 ), and used a false representation or deceptive means to collect or attempt to collect a debt, in violation of 1692e ( 10 ). \nUnder Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX and SLS and its XXXX XXXX are legally required to refrain from committing, XXXX. XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and it alter egos UDAAPs caused significant financial injury to us as consumer, erode confidence, and undermine fair competition in financial marketplace. XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and its XXXX ego under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against XXXX in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to provide substantial assistance knowingly or recklessly to a covered person, XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and its XXXX ego or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ). \nXXXX. Failure to Response/Acquiescence/Admission Please note that in the past we sent to your office and others our, NOTICE OF RESCISSION AS DEFENCE TO FPRECLOSURE PURSUANT TO 11. U.S.C 1635 ( i ) ( 2 ) and the XXXX XXXX XXXX, XXXX, XXXX, XXXX and SLS and its XXXX ego without reading it, acknowledged our Rescission Notice and failed to act required within 20 days as required by the Statue and rescission is self-imposed by operation of law. \nYour abusive, deceptive, and unfair debt collection practices by debt collectors ; we have already sent Dispute letter to other actors in this fraud and have not heard any response from them. Your failure to perform as herein requested have shown bad faith and established the fact that you are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. The actual XXXX XXXX representing the WHOLE accounting for every XXXX that went in and every XXXX that went out that related to each loan or was attributable to each loan for which there is no accounting in existence because if it existed it would need to be produced and if it was produced it would be discovered that two things are true. \n\n( a ) that the balance owed on the obligation of the homeowner had been paid down by resort to undisclosed funds created from the transaction between the borrower and the investor-lenders and ( b ) that far more money went into the system than went out, leaving the intermediaries richer and the investor-lenders and homeowners poorer. \n\nAccordingly, we hereby rescinded said Mortgage Loan as a full and complete defense to your any illegal intent to illegally foreclose based on a VOID Instrument ( DOT ) on our promissory residence pursuant to 11 U.S.C 1635 ( i ) ( 2 ), when we are not in default. Through the Qualified Written Request, ( XXXX ) and other Dispute, and Cease and Desist letters/Notices, we have requested accountings, ledgers and other information were not provided by the XXXX XXXX XXXX  XXXX XXXX, XXXX and SLS. See XXXX XXXX para XXXX. \nPlease see also Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; XXXX XXXX. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, and XXXX XXXX al from collecting a discharged debt. \n\nXXXX. XXXX XXXX XXXX XXXX, XXXX, XXXX ( previous servicer ) and SLS ( current servicer ) did not comply with all federal and state requirements in connection with their servicing as stated above in paragraphs above. XXXX XXXX XXXX, XXXX, XXXX and SLS violated rescission laws, bankruptcy laws, bankruptcy discharge and repeatedly threatened to schedule for illegal foreclosure when Deed of Trust XXXX XXXX DOT ) was VOID due rescission. Id XXXX XXXX XXXX, XXXX, XXXX and SLS were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( XXXX ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. \nXXXX ) The claim that we ( originator and maker ) can make is set off because XXXX XXXX XXXX, XXXX, XXXX and SLS has sold an unregistered note and can not be a holder in due course because they are taking it subject to administrative and commercial claims. They have created a mortgage purchase loan ( 16 CFR 433.1 ). This whole process is not about mortgage at all, because they have sold the note and received the funds and closed the account by assuming, they have repaid the originator ( XXXX ) on the loan. If they have already repaid the originator ( us ) on the loan, the living man who signed the note, then the whole thing is closed. \nXXXX ) We request XXXX XXXX XXXX, XXXX, XXXX and SLS to go and check both sets of books and to do the setoff as we are bringing the offsetting claim under the rules of procedure as they have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ) and failed to adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the ledger. \nXXXX XXXX XXXX XXXX XXXX, XXXX, XXXX and SLS are not applying the correct accounting entries under GAAP and XXXX and not giving the claim to us, as we have the processionary right in the instrument and its proceeds under section 3-306 of the UCC. \nXXXX ) If XXXX XXXX XXXX, XXXX, XXXX and SLS, and their agents have valid authority from the creditor to proceed in this matter, please note that the subject loan has been rescinded, under TILA within three years and as a defense to foreclosure and alleged creditors status has been reduced from secured to unsecured creditor and discharged in XXXX  XXXX bankruptcy. \nXXXX ) Since you or your alleged creditor failed to dispute the rescission or take the requisite next steps within 20 days and rescission is self-imposed and you and your alleged creditor is in violation of TILA again. \nXXXX ) Upon serving the notice of rescission, the TILA statute and Regulation Z states that by operation of the law, the security interest automatically becomes void, and the debtor is relieved of any obligation to pay any finance or other charge ( XXXX XXXX. XXXX ( b ), XXXX. Z XXXX ( d ) ( XXXX ), XXXX ( d ) ( XXXX ) ). \nXXXX ) Our Notice of Rescission has reduced XXXX XXXX XXXX, XXXX, XXXX and SLS and other alleged creditors, as unsecured creditors. The facts and circumstances that we filed a copy of the notice of rescission as a defense to foreclosure. Thus, since the security interest is automatically voided per TILA and Regulation Z upon rescission, the mortgage note is no longer secured, classified as unsecured and discharge in bankruptcy. \nXXXX ) In addition, please provide a complete and itemized transaction history of the subject loan [ discharge in bankruptcy ] that we are entitled to under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g.\n\nXXXX ) We dispute that we are in default since there seems to be irregularities in how payments have been applied as well as escalated fees and charges, when the loan is performing and is in the trust per your statements. \nXXXX ) We are unable to resolve the dispute as to the balance claimed due without the life of bankruptcy discharge loan history and an explanation of how any late fees or other administrative fees have been assessed and applied. \nYOU ARE HEREBY ON NOTICE THAT XXXX XXXX XXXX AND XXXX XXXX XXXX ARE DISPUTING THIS ALLEGED DEBT, WHICH WAS DISCHARGED IN OUR XXXX  XXXX BANKRUPTCY, AND XXXX XXXX XXXX, XXXX, XXXX and SLS, XXXX XXXX XXXX XXXX XXXX XXXX Entity ] AND ITS XXXX EGO ARE IN VIOLATION OF BANKRUPTCY DISCHARGE THROUGH SLS. \n\nA. PLEASE CEASE & DESIST YOUR ILLEGAL COLLECTION ACTIVITIES AND ANY INTENT TO TAKE ANY ILLEGAL ACTION INCLUDING WRONGFUL AND ILLEGAL FORECLOSURE ACTION BASED ON A VOID INSTRUMENT, DISCHARGE LOAN, AND REFRAIN FROM ILLEGAL ATTEMPTS TO COLLECT ON A RESCINDED AND DISCHARGED LOAN PURSUANT TO BANKRUPTCY RULES AND TILA AND AS A DEFENSE TO FORECLOSURE, REPEATEDLY RECEIVED BY XXXX XXXX XXXX, XXXX, XXXX and SLS, XXXX XXXX XXXX XXXX XXXX XXXX Entity ] AND ITS PREDECESSORS, THEIR AGENTS, SERVENTS AND EMPLOYEES. \nB. IN ADDITION, WE ARE DISPUTING THE DEBT ALLEGEDLY OWED TO YOUR ALLEGED OWNER BECAUSE YOU, ARE JUST THE SERVICERS AGENT AND WHEN THE LOAN IS SECURITIZED AND IS IN XXXX TRUST, WE ARE NOT DEALING WITH ANY LENDER/CREDITOR, BECAUSE XXXX TRUSTS XXXX NOT HAVE LENDERS/CREDITORS, AS FALSELY STATED BY YOU IN YOUR LETTER CITED ABOVE. \nXXXX WE ARE REQUESTING PROOF OF OWNERSHIP AND/OR ENTITLEMENT RIGHT, WITH ALL REQUEST MADE ABOVE IN EACH PARA ABOVE. \nXXXX PLEASE REMOVED THE VOID DEED OF TRUST FROM THE LANDS RECORD XXXX Please see also Bankruptcy Cases, XXXX XXXX XXXX of XXXX ; Case No. XXXX XXXX pgs. XXXX, XXXX and XXXX ; and case XXXX XXXX XXXX, XXXX and XXXX, XXXX, XXXX and XXXX. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents, XXXX XXXX XXXX XXXX XXXX, SLS, XXXX XXXX, XXXX XXXX XXXX XXXX an inactive entity since XXXX ] and XXXX XXXX al from collecting a discharged debt. \nXXXX Through our letter dated XX/XX/XXXX, and XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX we did ask your client SLS to verify and validate the debt, and as of today your client have failed to verify and validate the debt. \nXXXX Pursuant to FDCPA the window to verify and or validate the debt has been shut upon SLS. XXXX and other players in this civil theft. \nH. We will be filing a Civil Action against XXXX XXXX SLS for scheduling our primary residence for illegal, foreclosure for XX/XX/XXXX without verification/validation of debt which was discharge in XXXX  XXXX bankruptcies and there is a permanent injunction because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents SLS, XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX al and XXXX XXXX XXXX a discharged debt. \n\nSigned with reservation of all rights, Respectfully yours _________________ ___________________ XXXX XXXX & XXXX XXXX XXXX","date_sent_to_company":"2023-04-13T20:47:49.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"20148","tags":"Older American","has_narrative":true,"complaint_id":"6707389","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2023-03-16T22:09:39.000Z","state":"VA","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":["A Real <em>Property</em> XXXX."]},"sort":[10.747969,"6707389"]},{"_index":"complaint-public-v1","_id":"9150425","_score":10.302062,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XX/XX/XXXX MY SON AND I WENT IN TO XXXX AS FIRST TIME CAR BUYERS TO MAKE A CONSUMR CREDIT TRANSCTION AWARE OF OUR CONSUMER LAW RIGHTS. \n\nWE WERE NOT PRESENTED WITH NON-DISCLORE FORMS TO OPT-OUT TO CHECK OUR CREDIT NOR EXPLAINED TO US THAT WE COULD COMPARE PRICES. \n\nI'M PERMENTLY XXXX I HAD TO COME BACK THE NEXT DAY AND SIGN SOME PAPERS THE NEXT DAY MY SON HAD THE CAR IN HIS POSSESION BEFORE THE CONTRACT WAS COMPLETED. \n\nWE REQUESTED THE HANDWRITTEN SIGNATURES THEY COULD NOT SUPPLY THEM FOR AUTHENCATIN. \n\nI CALLED AND REQUESTED THOSE FORMS WE WERE DIRECTED TO BRIDGECREST. \n\nWE WERE AIDED INTO PURCHING UNFAIR CHARGES WE WASN'T GIVEN A NON-DESCLOSURE TO OPT-OUT THE GAP, EXTENED WARRANTY AND OTHER BOGUS FEES INCLUDING A DOWNPAYMENT. \n\nWE WERE NEVER CONTACTED PRIOR OF THE REPOSSESION FROM XXXX UNTIL THE DAY OF THE REPOSSESION WICH IN WRITTING WASN'T PRESENTED TO XXXX BEFORE. \n\nTHEY PASSED OUR INFORMATION TO A THIRD PARTY WITHOUT OUR CONSENT WITHOUT CONTACTING US.\n\nTHE TRUTH AND LENDING ACT.\n\nCONSTITUTION OF THE UNITED STATES, UCC and USC, FTC and CONSUMER LAW. \n\nI XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX, Texas the undersigned, make this Affidavit/Declaration of Truth of my own free will, and I hereby affirm, declare and swear, under my oath and under the pains and penalties of perjury under under the laws of the United States of America and XXXX this state, that I am of legal age and of sound mind and hereby attest that the statements, averments and information contained in this Affidavit/Declaration are true and correct to the best of my knowledge. \nThis Affidavit/Declaration of Truth is lawful notification to you, and is hereby made and sent to pursuant to the national Constitution, specifically, the Bill of Rights, in particular, Amendments I, IV, V, VII, IX and X and The Bill of Rights of the Texas Constitution in particular; Article I - Legislative Powers, section 1 Article VII - Official Oaths, section 1, section 5 Article VII - Bill of Rights, where it states ; But no alteration of this constitution shall ever take place, so as to introduce slavery or INVOLUTARY servitude in this state. \nSection XXXX, where it states ; that all men born equally and free and independent, and have certain natural, inherent an unalienable rights ; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursing and obtaining happiness and SAFETY ; and every free republican government, being founded on their sole authority, and organized for the GREAT PURPOSE OF PROTECTING THERE RIGHTS and LIBERTIES, securing their independence, to effect these ends, THEY HAVE COMPLETE POWER AT ALL TIMES TO ALTER, REFORM ABOLISH their government, whenever they may deem it necessary.\n\nAlso including, but not limited to, sections 3,5,6,7,8,9,16,18,19,25,26 and section 28, which states [ To guard against the transgression of the high powers, WHICH WE HAVE DELEGATED, REMAIN WITH THE PEOPLE, ] Schedule, section 1,3, and 4 And requires your written rebuttal to me in kind, specific to each and every point of the subject matter that herein, written within 14 days, via your own sworn and notarized Affidavit, using true fact, valid law and evidence to support your rebuttal of the specific subject matter stated in this Affidavit/Declaration of Truth. Your are hereby noticed that your failure to respond, as stipulated, and rebut with particularity, and specificity, anything with which you disagree in this Affidavit/Declaration of Truth is, your lawful legal, and binding tactic agreement with, and admission to the fact that everything in this Affidavit/Declaration of Truth is true, correct, legal, lawful, and fully binding upon you in any court in America, without your protest or objection and that of those who represent to you. U.S. V. Tweel, 550 F. 2d. 297. [ Silence can only be equated with fraud where there is a legal or moral duty to speak or where and inquiry left unanswered would be misleading. ] 18 U.S. Code 9 - Vessel of the United States defined The term [ vessel of the United States ], as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.\n\n( June 25, 1948, ch. 645, 62 Stat. 685. ) Truth in Lending Act 15 U.S.C. 1601-1667f, as amended This Act ( Title I of the Consumer Credit Protection Act ) authorizes the Commission to enforce compliance by most non-depository entities with a variety of statutory provisions. Among other requirements, the Act requires creditors who deal with consumers to make certain written disclosures concerning finance charges and related aspects of credit transactions ( including disclosing an annual percentage rate ) and comply with other mandates, and requires advertisements to include certain disclosures. The Act has been amended on numerous occasions, adding requirements for credit cards and open-end credit ; for mortgage credit such as ability to repay standards, loan origination, anti-steering, appraisal independence, and mortgage servicing ; and others. A number of laws amending and enforced under this Act are listed separately.\n\n15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.\n\n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.\n\n15 U.S. Code 1635 - Right of rescission as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.\n\n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.\n\n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof.\n\n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any rights created under this section to the extent and under the circumstances set forth in those regulations.\n\n( e ) Exempted transactions ; reapplication of provisions This section does not apply to ( 1 ) a residential mortgage transaction as defined in section 1602 ( w ) [ 1 ] of this title ; ( 2 ) a transaction which constitutes a refinancing or consolidation ( with no new advances ) of the principal balance then due and any accrued and unpaid finance charges of an existing extension of credit by the same creditor secured by an interest in the same property ; ( 3 ) a transaction in which an agency of a State is the creditor; or ( 4 ) advances under a preexisting open end credit plan if a security interest has already been retained or acquired and such advances are in accordance with a previously established credit limit for such plan.\n\n( f ) Time limit for exercise of right An obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor, except that if ( 1 ) any agency empowered to enforce the provisions of this subchapter institutes a proceeding to enforce the provisions of this section within three years after the date of consummation of the transaction, ( 2 ) such agency finds a violation of this section, and ( 3 ) the obligors right to rescind is based in whole or in part on any matter involved in such proceeding, then the obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later.\n\n( g ) Additional relief In any action in which it is determined that a creditor has violated this section, in addition to rescission the court may award relief under section 1640 of this title for violations of this subchapter not relating to the right to rescind.\n\n( h ) Limitation on rescission An obligor shall have no rescission rights arising solely from the form of written notice used by the creditor to inform the obligor of the rights of the obligor under this section, if the creditor provided the obligor the appropriate form of written notice published and adopted by the Bureau, or a comparable written notice of the rights of the obligor, that was properly completed by the creditor, and otherwise complied with all other requirements of this section regarding notice.\n\n( i ) Rescission rights in foreclosure ( 1 ) In general Notwithstanding section 1649 of this title, and subject to the time period provided in subsection ( f ), in addition to any other right of rescission available under this section for a transaction, after the initiation of any judicial or nonjudicial foreclosure process on the primary dwelling of an obligor securing an extension of credit, the obligor shall have a right to rescind the transaction equivalent to other rescission rights provided by this section, if ( A ) a mortgage broker fee is not included in the finance charge in accordance with the laws and regulations in effect at the time the consumer credit transaction was consummated ; or ( B ) the form of notice of rescission for the transaction is not the appropriate form of written notice published and adopted by the Bureau or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice.\n\n( 2 ) Tolerance for disclosures Notwithstanding section 1605 ( f ) of this title, and subject to the time period provided in subsection ( f ), for the purposes of exercising any rescission rights after the initiation of any judicial or nonjudicial foreclosure process on the principal dwelling of the obligor securing an extension of credit, the disclosure of the finance charge and other disclosures affected by any finance charge shall be treated as being accurate for purposes of this section if the amount disclosed as the finance charge does not vary from the actual finance charge by more than {$35.00} or is greater than the amount required to be disclosed under this subchapter.\n\n( 3 ) Right of recoupment under State law Nothing in this subsection affects a consumers right of rescission in recoupment under State law.\n\n( 4 ) Applicability This subsection shall apply to all consumer credit transactions in existence or consummated on or after XX/XX/XXXX. \n\nConsumer Credit Transaction 15 USC 1679a : Definitions For purposes of this subchapter, the following definitions apply : ( 1 ) Consumer The term \" consumer '' means an individual. \n\n( XXXX ) Consumer credit transaction The term \" consumer credit transaction '' means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. \n1. This Rescission notice is made Pursuant to 15 U.S. Code 1662 - Advertising of down payments and installments.\n\nNo advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount.\n\n( 2 that a specified down payment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount.\n\n( Pub. L. 90321, title I, 142, XX/XX/XXXX, 82 Stat. 158. ) 2. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.\n\n( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. \n\n\n\n( b ) Opt out ( XXXX ) In general A financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n18 U.S. Code 8 - Obligation or other security of the United States defined.\n\nThe term [ obligation or other security of the United States ] includes all bonds, certificates of indebtedness, XXXX bank XXXX XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.\n\nA list of some, but not all, of your malfeasance includes violations of the following of United States codes.\n\nUCC 1-308. Performance or Acceptance Under Reservation of Rights.\n\n18 15 U.S. Code 1601- Congressional findings and declaration of purpose.\n\nU.S. Code 8 - Obligation or other security of the United States defined.\n\n15 U.S.C. 1601-1667f, as amended Truth and Lending Act.\n\n15 USC 1679a : Definitions Consumer Credit Transaction.\n\n15 U.S. Code 1662 - Advertising of down payments and installments.\n\n15 U.S. Code 6802 Notice requirements of information / Opt-out.\n\n15 U.S. Code 1635 - Right of rescission as to certain transactions.\n\nSection 2302.354 of the Texas Occupations Code.\n\n43 TEX. ADMIN. CODE 221.112 ( 3 ), ( 18 ) TEX.OCC. CODE 2302.0015 43 TEX. ADMIN. CODE 221.43 ( b ), 221.51 ( e ), 221.71, 221.72, 221.73 and/or221.112 ( 4 ) or ( 5 ) TEX.OCC. CODE 2302.0015 43 TEX. ADMIN. CODE 221.43 ( b ), 221.51 ( e ), 221.71, 221.72, 221.73 and/or221.112 ( 4 ) or ( 5 ) 808. Fair Debt Collection Practices Act.\n\n809. Validation of debts Fair Debt Collection Practices Act.\n\nSection 808 of the Fair Debt Collection Practices Act","date_sent_to_company":"2024-06-05T12:10:31.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"770XX","tags":null,"has_narrative":true,"complaint_id":"9150425","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bridgecrest Acceptance Corporation","date_received":"2024-06-03T00:17:37.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Notice to repossess"},"highlight":{"complaint_what_happened":["Fair <em>Debt</em> Collection Practices Act.\n\n809. Validation of <em>debts</em> Fair <em>Debt</em> Collection Practices Act.\n\nSection 808 of the Fair <em>Debt</em> Collection Practices Act"]},"sort":[10.302062,"9150425"]},{"_index":"complaint-public-v1","_id":"2970405","_score":9.6163025,"_source":{"product":"Mortgage","complaint_what_happened":"My complaint surrounds multiple infractions that have essentially negated my abilities to obtain a loan modification for several years with Bank of America (  BAC ). The purpose of the modification request is so that I will be allowed to retain my primary residence. \n\nThis complaint outlines actions performed by BAC, in the form of negligent misrepresentation, misleading conduct, violations to the FDCPA, and non-transparency during the loan modification review process. All of these actions embodied violations and provisions set forth under HAMP while it was still available and The National Mortgage Settlement ( NMS ) of XXXX and rules set forth by the CFPB. \n\nThe investor of my loan is XXXX XXXX XXXX XXXX of XXXX ( XXXX ) was originally chartered in XXXX for the purpose of providing member financial institutions with financial products and services that assist and enhance the financing of housing and community lending. These groups of banks are overseen by the Securities and Exchange Commission ( SEC ). The SEC, has strong interests with issues that surround activities of financial professionals and mutual fund trading to prevent fraud and intentional deception.\n\nIn an effort to bailout the 5 national banks the Obama administration enacted a mortgage bail out for the Top 5 banks with billions in mortgage relief funds as well as the administration rolled out the Making Homes Affordable ( MHA ) programs.\n\nAs a result of the top 5 banks mishandling the bailout money for execution of the MHA, the banks were sanctioned with fines and new underwriting conditions were put in place, which also gave birth to the National Mortgage Settlement ( NMS ) and the Consumer Financial Protection Bureau ( CFPB ). Also Special Inspector General for the Troubled Asset Relief Program ( TARP ) was charged with oversight of banks that mishandled these funds.\n\nThere are obligations by both BAC and XXXX, to have offered some type of home loan retention options for a number of reasons. It is a fact that BAC, is the loan servicer of my loan and has been for the life of the loan. For countless years now, BAC, has failed to provide or ensure accountability, transparency, or maintain integrity during the review process of my mortgage loan. \n\nMy financial hardships began back in XXXX, when my self-employment was negatively impacted by the collapse of the housing market. At the time I owned a construction business which primarily built new homes and housing subdivisions. This business came to a screeching halt and I was forced into filing chapter XXXX bankruptcy in XXXX. Since then Ive managed to regain fulltime employment however, Ive been rejected for any attempt at retaining ownership of my home. \n\nIve applied for more than one dozen loan modifications throughout the years and I have been declined for loan modification every single time with no real tangible explanations as to why. These requests are intensely tedious and consist of an extremely redundant process of faxing document after document in to BACs loss mitigation department, to no avail. Still, we received more and more request for documentation ; even identical documentation request for the underwriters review. \n\nRecently as of XX/XX/XXXX, we were told that our investor hasnt approved a medication because we have sufficient cash reserves or assets that give our family the ability to pay our mortgage current. This statement is false and misleading and lacks any supporting documentation which would support such a claim. At the time of this particular review our accounts did not reflect large amounts of reserve funds which could bring our account current. Furthermore our income was sufficient at approximately {$6000.00}, which could more than serve as adequate debt to income, in order to be able to resume making payments on our loan ; and has been for many years now with no options. BAC, has grossly miscalculated my income as well as our abilities to repayment of our home loan. Each area of misconduct has contains several layers of wrongdoing and supporting documentation. \n\nEvery time our loan is reviewed we are given every excuse from BAC as to why the loan will not be modified. This is very odd considering in XXXX, the U.S. Department of the Treasury created the Hardest Hit Fund to provide targeted aid to homeowners in the states most affected by the housing market crash. As part of this program, {$7.00} billion in aid was allocated to the 18 statesincluding Indianathat experienced the most extreme home price declines and high unemployment rates as a result of the economic crisis. In XXXX, the states received another {$2.00} billion so they could continue their foreclosure prevention efforts. For these reasons, I demand a detailed explanation as to how and why our family has been offered NOT 1, opportunity to save our home over these past 8 years. It is most certainly not due to lack of trying as our records will indicate with both BAC as well as our county foreclosure cause number which will reflect 2 years of multiple attempts to complete modification under Indianas foreclosure settlement conferences statutes, IC 32-30-10.5, Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages. These dates in which we attended settlement conferences range from XXXX through XXXX, to no avail. Again it was NOT DUE to the lack of our family from trying to be approved. Its almost as though BAC, nor XXXX, has ever had any intentions to allow us to modify the loan in question. \n\n\nThis matter creates an environment of pure outrage! BACs egregious negligence, misguided servicing, misleading conduct, unethical underwriting practices, and failure to comply with the terms of MHA, TARP, or NMS, requires immediate attention or filing a civil lawsuit on my part. Even the statements made by BACs agents on multiple occasions throughout the past year further support our claims. \nOur family and representing third party has relied upon the guidance of these agents statements and activities. I have also been harmed financially by BAC, over multiple years due to them refusing to modify my loan. BAC, continues to add frivolous foreclosure junk fees which adjust to my account every month in the form of late fees, compounded interest, property evaluation fees, inspection fees, legal fees, escrow fees, and the list goes on. All this time we have been bearing the financial burden of negative credit reporting violations to the fair credit reporting act ( FCRA ). It appears that all these communications have been ill advised. All of the above actions have directly and negatively affected our ability to cure our delinquency and restore our account into good standing. \n\n\n\n\nSee exhibit A Indiana cause # XXXX - settlement conference hearing dates. \n\nSee exhibit B Recent decline letters from BAC.","date_sent_to_company":"2018-07-23T18:29:29.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"46307","tags":null,"has_narrative":true,"complaint_id":"2970405","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2018-07-23T18:21:55.000Z","state":"IN","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":["My complaint surrounds multiple infractions that <em>have</em> essentially negated my abilities to obtain a loan modification for several years with Bank of America (  BAC ). The purpose of the modification request is so that I will be allowed to retain my <em>primary</em> <em>residence</em>. \n\nThis complaint outlines actions performed by BAC, in the form of negligent misrepresentation, misleading conduct, violations to the FDCPA, and non-transparency during the loan modification review process."]},"sort":[9.6163025,"2970405"]},{"_index":"complaint-public-v1","_id":"6083252","_score":9.603582,"_source":{"product":"Debt collection","complaint_what_happened":"MORTGAGE FRAUD AND COLLUSION TO CONCEAL MORTGAGE FRAUD. \nI was told and given an REC contract that wraps dollar per dollar a XXXX loan that supposedly was with countrywide. I was told the rate is XXXX XXXX and that the paymetn is around XXXX and that the seller has not made \" the first payment yet '' so I have to make it. I told title I already have money paid ahead and my comission, and I gave all the cash I had, so XXXX XXXX asked my mother XXXX XXXX to make a check out of her XXXX XXXX XXXX XXXX account. those are her social security or retirement exwempt funds. \n\nShortly after closing I was told that the \" payment increased '' that there was a change of taxes and insurance.to XXXX ... .. now seing the docuentn that XXXX XXXX sent me that was done in court, I see that and now jsut now understand what may have ahppened. \n\nThe mortgagors XXXX XXXX told me that they were destitute and in 10 years they deposited cash into a XXXX XXXX XXXX called XXXX XXXX and XXXX XXXX XXXX that in XXXX bought a home cash in their names at XXXX XXXX XXXX then they sold it cash, did what it looks like a XXXX exhange for an identified property out of a trust account out of a bankruptcy of someone else and bought their residence in XXXX XXXX, Florida. they took a FHA loan on it a rehab loan. \n\nSo did they pay off the bank of america loan that they modify to what it looks like a XXXX payment ( which corresponds to a XXXX loan payment and not a XXXX loan that I signed up for, If they did then they used an illegal modification with bank of america to charge me more and keep the savings by the modificaiton on a property that they no longer had equity to modify as they gave a special warratny deed to me and my mom back in XXXX. So that is money they took from bank of america ( and charged me the difference ). I should not have been had a payment in crease from the initial XXXX because the seller modify th eloan down. apparently, they had a second mortgage nd the title company said they had a second loan and was paid. but what if it wasa line of credit and now the XXXX 's again modify or rfiance again? It shows they are XXXX behind in XXXX and there is a change noted here but I do not know more than this piece of paper that was sent to XXXX XXXX XXXX when I initially went to them in XXXX to assume the loan/modify, Looks like they kept ob making progress, taking loans charging ne more and depositing cash into the LLC. this are things I think happened but there neesds to be investigation. Because otherwise if I paid every month and in XXXX I was told either to pay XXXX or lose the house by the escrow company which i did why is the loan behind, Ill tell you why because I understand now. they got behind, modified and the banks gave them money on a house they no longer have title or equity postion to do that. The banks should have consulted XXXX XXXX the maker of the seller financing or XXXX XXXX or have at least one title conpany do a title search so that they do not lend in what I am being told is \" im personam '' or without property but on their neck. \nWe didn to participate in this deals and the banks can not foreclose on my interest and equity of honest monthly payments off my work and not the work of others, and force me into paying the wrongdoings of investors in florida or the attorneys here. \nI paid half the XXXX. I owe the other half I am not going to buy an bail like them I want an honest mortgage for the rest and get my property free from the XXXX XXXX and XXXX XXXX XXXX and ban of america dealings and leave me peace that I did not have for 8 years and if I get a loan fro XXXX or XXXX return my mothers deposits in the last 8 years which are about XXXX or XXXX and if they do not return those, then keep them as cash payment or have HUD or someone else in the goverbment make us whole from this attorney bank rings. We agred to pay the XXXX loan at XXXX XXXX and not more. The rest, as per the REC is responsiblity of the ortgagors and they do not have this title of my home to give in lieu for XXXX attoneys to pay the debts and fraud of others throug my equity or interest or the exempt XXXX payments of my mother. That is another yet another crime. \nCan I get a gorenment loan to get this house out of this fisaco. I lived here I raised my family here. My kids had to move for weeks at a time so we can even rent in XXXX XXXX some years so that we can afforrd the attorneys. we made payment fine is thee attoreys that run us dry and sick. \n\nIt took me a while to understand, because I was not sophysticated in this \" seller wraps '' and the business and the back business that the XXXX XXXX XXXX XXXX does with the local community. Plus mom speaks mainly XXXX  and her language was not that fluent at the time. XXXX speaks some XXXX has or had a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I was a XXXX XXXX XXXX  and escrow agent and lawyer so I felt at ease. I am sure the attorney who represented me in the foreclosure defense, XXXX XXXX and XXXX XXXX  XXXX knew thisprobably but have not told me. XXXX XXXX stated I need to be \" friends with the escrow '' .. really why? I pay a hard honest earned salary andd my mom gets government help for being elderly and XXXX and we pay a house based on the original note, this is not friendship, These people loooks like they are crooks and I will not befriend somoeone like that. I want them to be prosecuted criminally for making our lives XXXX and a medium where they can batltle legally and usurp and extricate our money and rob us and harass us. I would like CFPB to investigate turne them to the FBI and prosecutie them, this behaviour willl only be fostered to more and more economical legal and emotional abuse and hurst the community and I am sure violates many of those statutes that these lawyers recite I am not interested in concealing this fraud and do not want to be a party of that, i do not want to take a hosue without payment either so i paid 15 years almost of the agreed amount, I owe half the XXXX loan, We made payments until XXXX or XXXX after what the accounting shows by XXXX XXXX ( XXXX XXXX affidavit '' ad until the escrow would not take any more of our payments, I have a honesyt job, acceptable credit I want a honest deal out of this dishonest parties. My mother paid for 8 years during the pendency of the trial and I paid earlier for the prior 5 years. XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX as I was working as intern during the pandemic whiel in medical school. We know the bank has the money she put in the escrow, That is our money to pay the hosue. Whateever arrangements the XXXX 's did with the bank of america is their responsiblity. we signed up for a XXXX loan that we \" were told is at a XXXX XXXX orally initially and then that it was a XXXX XXXX. We do not know the note rate nor the way bank of america dealt with this loab. \n\n\n\nWhat I did not know is that there was information that should have been disclosed to me It was my first time buying a home by the sellers the title conpany and that lawyer, XXXX XXXX, should have been at closing to explain things and state whethere he was acting as a realtor representing the seller as an attorney representing the title or the escrow, which did not happen until 3 years later where he showed up as \" representing the seller in a court hearing at XXXX XXXX where the documets are spoiled, oh but yes I have copies and given copies to the authorities already so that is in the hands of FTC/FBI. I got to 'see '' the mortgage but never the note, never knew the actual balance of the note, never knew the interest rate or if the XXXX XXXX had any line of credit that needed to be closed on the home before they sell the home. \n\nXXXX XXXX and XXXX XXXX XXXX is a shell company that was created by XXXX XXXX and XXXX XXXX that apparently received funds from XXXX XXXX out of our payments towards buying our home. in the spreadsheet attached that was received by me via email from XXXX XXXX, it shows payments apparently to the XXXX. XXXX XXXX and XXXX ... ( XXXX XXXX ) ... of XXXX and another payment to Bank of America for XXXX XXXX \nWhen I called recently I was told that they can not answer any questions as they are in \" litigation ''. My attorney tried to force us to \" a settlement with the bank escrow and title '' to \" get our house '' or \" get money ''. My mother was subjected by a former Judge XXXX XXXX that acted as \" mediator '' and spoke XXXX XXXX and raised a concern that XXXX XXXX will make the attorneys \" work for free '' if we do not agree to a \" Settlement '' and the settlement was mot \" disclosed to us ''. We never agreed to be part of that agreement and XXXX XXXX can not make decisions for my mother or me. I hired him under a contingency agreement to stop the foreclosure, not to decide for me, That is why I will ask for the license of thepeple who have toyed with us all this years, My mother has been paying and I paid too monthly so we could not understand why the house mortgage - the original loan of countrywide that bank of america took '' was upside down .... I perhaps know why now after 15 years of paying a real estate contract that pays a mortgage that perhaps was non existant since if the mortgagors modified after giving the special warranty deed the original mortgage, we were just putting cash on escrow to buy the home cash. I believe we have already as the original loan was XXXX and we have paid XXXX XXXX cash to both banks. Now I understand when you take a mortgage there is interest too, so because I committed to pay the REC XXXX at a XXXX XXXX interest rate, we should have paid almost half of the loan by now and we should only owe about XXXX or less because the loan started in XXXX and we took over in XXXX and put a large down payment, my commission that title company never gave me as a buyer relaytor because i bought off mls and mls and the XXXX XXXX of REaltors offeres UNCONDITIONAL XXXX XXXX COMMISSION TO BUYER BROKER AND I was the buyer and a broker in the realtor board where the listing agent XXXX XXXX offered the house for sale in their mls. i wonder if XXXX XXXX and XXXX XXXX by passed the realtors and mls listings and decided to take on the commission and the role. If so they are insured bonded by being realtors, escrow agent and lawyer - XXXX XXXX and by being realtor and trust board member and lawyer- XXXX XXXX. See this 2 attorneys did a deal where- I believe mortgage fraud was in place, XXXX XXXX XXXX XXXX attorney for the Realtor Association of XXXX XXXX told in a XXXX video that once the seller gives a special warranty deed to the buyers he loses equity position immediately so he could not have done a modification of the loan, The bank should have consulted with a title company about that too. \nIt looks like what we paid to XXXX escrow and what is owed to bank of america was not the same, the XXXX that the escrow copany paid to bank of america in XXXX ( see the statement of XXXX trust is higher than the XXXX payment that we were told to pay ... ..well looks like the XXXX  modified the loan with bank of america to bring the principal or payment or interest down pocketed the difference into their LLC at a XXXX a month. and in XXXX their corporation cash receivership bought a home in XXXX XXXX, and in XXXX the corporation transferred the home to them, which they sold for cash and bought other prooperties on what appear a tax deferred status in XXXX XXXX and other places in US. \n\nLooks like the sellers -mortgagors XXXX  XXXX XXXX me they were \" destitute ''. XXXX left to FLorida and XXXX stayed at the house to \" clean up '' and begged not to charge them rent for the 2 more weeks or more that they need to stay post closing. Even though I paid all closing costs, half the roofer invoice ( which never appeared at escrow ) and put my comission of XXXX dollars into payments ahead ( so I will never be latee- money embezzled between XXXX XXXX and XXXX XXXX XXXX clients XXXX XXXX and XXXX XXXX and XXXX XXXX XXXX ) ..and the XXXX  walked away with money, i let then stay XXXX more month XXXX paying rent \" because they were destitute '' and I paid XXXX rent at my prior resicence I rented at XXXX XXXX XXXX XXXX with all my kids as a single mother. \n\nIf they were destitute how on earth they made and amassed XXXX in the XXXX and bought and sold different ( XXXX condos properties in less than 2 years ) properties if when you buy and sell you lose money. How can they buy cash a property in 10 years if they were destitute. I known how. they used our money and the bank modification benefit to their benefit and that I know is illegal because they can not modify a mortgage as investors especially if they do not reside at the property and is not their primary residence .... they used me the bank and everyone else and now they refuse tocooperate to solve this. they could not encumber a property that they do not hold equitable title anymore. Even in the Real estate contract, it shows that any debts over th original debt of the XXXX is responsiblity of the sellers. I undersatnd the bank wants to get rvenge but exert it on the party that caused this or the parties. I am a buyer, did not get my commission, the property was upside down in XXXX with the bank of america loan as bank of america lent the mortgagors over 120 % of the then XXXX value of the home, And plus the Title company XXXX may have ignored a line of credit that I have been told they should have asked to be closed. I knew this recently by XXXX title staff that does not work there anymore. That is a lack of disclosure owed to me by title with the policy and to not tell me before I close that the property is in modification is another unmarketable condition that the title conpany should have told me, This and all the transactions made betwee the XXXX  and the banks makes this such a fraud, that time does not cure and it shows by the litigation. I suffered XXXX in losses and put XXXX in remodel repair to this house, paid about XXXX in payments ( granted a mortgage has principal and interest so I paid half my real estate contraxt obligation.. it is funny this is indeed seller financing but seller financing o f their properties in FLorida o the backs of NM comunity nd the escrow conpaby makes moneey too,,, they held our money.,, and the attorneys oh they want a cut too out of A XXXX XXXX XXXX XXXX WOMAN WHO PUT HER SOCIAL SECURITY DISABILITY FUNDS TO BUY THIS HOUSE WITH THE TITLE COMPANY \" CONTRACT WITH THEIR VENDOR XXXX XXXX '' XXXX they did not even give us a choice of who to pick. well htey are a MONOPOLY now so take care of them before they do the same to others. \n\n\nand the title company, 4 months after I find out that they are in \" modification status with Bank of America \" by an email from XXXX XXXX who then sent me my HUD 1 statement and now comparing both they are different, who moved mty money around, I was paid ahead. XXXX XXXX XXXX on a sumons that I was called showed me 2 different HUD1 and i was surprised. \nI called XXXX XXXX, and he told me he 'never received instructions from the title company on any funds coming to them ''. that is fraud, and embezzlement of funds. \n\nMy attorney XXXX, should have told me this not wait until I find out. She got \" paid '' by XXXX XXXX XXXX or more out of my trust account and an XXXX XXXX account can not be disbursed like that, looks like SHE DID NOT WIN THE CASE so the obigation to pay from me is NOT THERE an attorney should not force a client or decide for her not take money out of a trust account to comingle with his ro her fees. Please do an investigaation of this attorneys funds too. I will send this to Bank of Amierca as the loab originated from them. \nI should get a government loan that is honest not tbe in the middle of this nest of vipers. \n\n\nSo if the payments were XXXX and the bank did not object, then I got a \" bait and switch '' by XXXX XXXX and XXXX escrow, If the mortgage was XXXX and the interest I was told was not XXXX XXXX but XXXX, where is the amortization table.. they were supposed to give me I have been told by other customers that do seller financing with XXXX XXXX , do they just mark those who are less sophisticated, gullible, XXXX or of different national origina or speak another language to act and treat us differently??? I am so upset. I wish I was an attorney to understand all this before I bought or even have an attorney to warn or advice me before I signed the REC created by XXXX XXXX ( XXXX XXXX ) and XXXX XXXX ( XXXX XXXX ), I was younger and less educated then ... but if I was an attorney ai would hate to have to do the things this attorneys do to earn a living. I am best healing people, there is no crime in that. When realtors do a transaction they disclose this things, but this was an \" in house apparently \" transaction of XXXX trust and XXXX title. I guess that is why they share an attorney. \n\nthese things are things that should be disclosed to a buyer in order for a buyer to make an informed decision. \n\nNow if I make an amortization table of the XXXX $ that is supposed to be dollar perdollar wrap, then ( attached ) the bank of america payment does not match to the payment they got in XXXX to XXXX so, and then thet payment suddently increased... I was told there was a change in XXXX but the \" escrow conpany staff '' could not tell me. they \" could not even tell me where the seller resides in Florida '' They had a po box `` The real estate contract is filed before any changes or payoffs and any other loans that were taken and any of those are second mortgages, responsibitiy of the XXXX. \n\nI would like to get out of this group decieit because I bought my home and paid every mothth, the additional transactions done were the doing of third parties to speuclate, get interest use the time value of my money and the time value or interest on my mother 's secured and exempt social security and disablity funds for unjust enrichment. \n\nI would like that the CFPB investigatees the companies to deter this hrrribel thing to other members of the community. It costed my mother 's job her health her retirement and my healt and mental health, It got to a point I could not function because I was so stressed out. Between loan sharks to make the monthly payment on time -it had increased from XXXX at the first payment ( because XXXX did not make the first payment yet ) to XXXX which is a XXXX difference that for a low income single mother of XXXX is a lot I got a statement from the attorney when she had authorization to third party by the XXXX  when we went to get help with the foreclosure. The statement shows that the XXXX 's are arerearagaes on a bank of america loan on XXXX for XXXX or despite we paid ahead every month and if we were arearages XXXX we would have lost the house as that would have been 4 months late. \n\n4 months after closing, the realtor/attorney/escrow XXXX XXXX XXXX told us XXXX XXXX XXXX is in `` modification status '' and is till in modificaiton status. \n\n\nThese people put the home on XXXX by realtor XXXX XXXX announcing that they will do a \" wrap around their countrywide mortgage '' and that they need full price to pay realtor and costs. \n\nWe went to the title company with a XXXX purchase agreement per mls and sellers and we were told that XXXX XXXX \" will take care of the seller financing contract that wraps the mortgage filed in XXXX '' that the sellers XXXX XXXX XXXX the property I was not told at closing that the XXXX 's had hired XXXX XXXX and had representation. \nI was under the impression that the escrow officer XXXX XXXX was looking after my best interest as I have closed a couple of transactions with him. \n\nWhen he saw the purchase XXXX agreement he said that is not a good form because it transfer ownership ( and probably had already as it was signed ) to XXXX XXXX or XXXX. \n\n\nIt took me a while to understand but the proof is in the foreclosure status of the property for payments not made to the \" original Loan '' or for paying off the loan and getting a new loan with nationstar, which is a second lien on the principal original Bankof america note of XXXX. The REC takes precedence and any indebtedness over what we agreed to pay is the resposibility of the mortgagors XXXX XXXX and XXXX XXXX, I, XXXX XXXX XXXX did not take a single dollar off the escrow account and the money is exempt funds from social security and XXXX pay for my mother XXXX XXXX. XXXX is a different person from XXXX XXXX. no relation other than the attached Real Estate Contract.","date_sent_to_company":"2022-10-27T14:31:08.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"87120","tags":"Servicemember","has_narrative":true,"complaint_id":"6083252","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2022-10-13T17:07:14.000Z","state":"NM","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["I known how. they used our money and the bank modification benefit to their benefit and that I know is illegal because they can not modify a mortgage as investors especially if they do not reside at the <em>property</em> and is not their <em>primary</em> <em>residence</em> .... they used me the bank and everyone else and now they refuse tocooperate to solve this. they could not encumber a <em>property</em> that they do not hold equitable title anymore."],"product":["<em>Debt</em> collection"],"issue":["Attempts to collect <em>debt</em> not owed"],"sub_product":["Mortgage <em>debt</em>"],"sub_issue":["<em>Debt</em> is not yours"]},"sort":[9.603582,"6083252"]},{"_index":"complaint-public-v1","_id":"3016254","_score":9.26759,"_source":{"product":"Mortgage","complaint_what_happened":"Obtained {$840000.00} as construction loan, in XXXX which never converted into conventional, contacted servicer XXXX  XXXX XXXX and Fay Servicing, but nothing done. Rescinded loan within 03 years and then many times as a defense to illegal foreclosure, when not in default. I was placed into manufactured default by the servicer XXXX XXXX XXXX just to cash credit default swaps and payments from various insurance companies. House was scheduled for foreclosure and was forced to file bankruptcy protection to save the primary residence.The subject loan was rescinded as a defense to foreclosure. The XXXX XXXX XXXX XXXX XXXX XXXX, ( XXXX XXXX XXXX ) as agent for non-owners and non-creditors Fay Servicing, ( Fay ) and XXXX XXXX XXXX, ( XXXX ) failed to act within the 20 days window, and by operation of law the rescission is self imposed. The 20 day window is closed now and you and your clients interest in property, ( XXXX XXXX XXXX XXXX XXXX Virginia XXXX ) and in the Promissory Note, ( Note ) has been negated. The Deed of Trust, ( DOT ) is void by operation of law. Therefore XXXX XXXX XXXX can not verify and validate the rescinded loan, which was already discharged in Debtor XXXX XXXX chapter 7 bankruptcy. a ) The statute is clear and the XXXX decision drills home the point -- - the chronology of TILA rescission starts with delivery or mailing the notice of cancelation. It is THEN that rescission is effective by operation of law. It is a \" done deal. '' b ) The rescission was effective when mailed.\n\nc ) Therefore, the note and DOT were void d ) The failure of the alleged \" lender and its agent XXXX XXXX XXXX to comply with the rescission duties and then pursue repayment within one year from the date of rescission bars them from pursuing the debt. So, now there is no note, DOT or enforceable debt.\n\ne ) The legal effect is that the loan agreement is over, and the note and DOT are void. The debt survives but ( 1 ) is now conditioned on compliance with the lender 's obligations under the statutory scheme that replaced the loan agreement and ( 2 ) enforcement in all events is barred by the one-year statute of limitations even if the lender did comply with the statute f ) The authority is vitiated by operation of law regardless of the status of litigation. The title never changed, and XXXX XXXX probably owns the. \ng ) The rescission removed the note, DOT, Assignment of DOT and loan agreement from legal consideration and therefore subject matter jurisdiction was lacking thereafter -- - a point that can be brought up anytime, even on appeal or even later. \nAND that imposing a remedy based upon void documents violates due process rights of the XXXX XXXX. \nAND that any ruling denying the application of TILA rescission is void in the absence of a party with legal standing seeking a remedy ( vacating the rescission ) asserting ( 1 ) legal standing ( injury ) and ( 2 ) grounds upon which the rescission could be vacated.\n\nAny contrary ruling ( ignoring the TILA rescission ) is itself void on both jurisdiction and due process grounds 2. The pursuing a claim based upon the note and mortgage /Deed of Trust, ( DOT ) is out XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX no longer have legal standing and the Court no longer has subject matter jurisdiction over their claims or defenses. \n3. The actual creditor failed to comply, within 20 days from notice of rescission, either comply with the statute or file a lawsuit invoking and standing or any other basis upon which they dispute that the rescission was properly sent.\n\n4. The XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX failing to invoke the remedy of repayment or the duty of compliance within one year from date of mailing is barred from pursuing any statutory claim, because they let the 20 days window close upon them.\n\n5. The rescission caused the loan agreement, the note and the DOT to be void by operation of law now of mailing or delivery.\n\n6. There is no basis for a motion or ruling ( from any court other than SCOTUS ) that starts with the premise that rescission is effective upon delivery or mailing \" IF ''. There is no \" IF. '' There is no \" provided. '' There is no \" However. '' There are no conditions other than delivery or mailing. \n7. Title stays unchanged as of the date of mailing, to wit : fee simple absolute with no encumbrance of mortgage or deed of trust.\n\n8. The statutory scheme replaces the loan agreement just as the statutory scheme for nonjudicial foreclosure replaces the constitutional requirement of due process PROVIDED that the homeowner may still invoke the right to due process.\n\n9. Hence any further activities to enforce the note and mortgage /Deed of Trust, ( DOT ), verification and validation of the rescinded loan were legally void. \n10. That any change of title wherein a party [ terminated trustee XXXX ] received title via any instrument executed by anyone [ non-owner/ non-creditor XXXX XXXX XXXX on behalf of undisclosed creditor, through the Robo-signers XXXX XXXX XXXX and XXXX XXXX ] other than XXXX XXXX are equally legally void. In fact, that would be the very definition of a wild deed. \n11. The grantor [ non-owner/ non-creditor XXXX XXXX XXXX on behalf of undisclosed creditor ] did not have any right, title or interest to convey even if it was a beneficiary or Trustee in a DOT. \n12. Any other interpretation offered by the XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX would in substance boil down to arguments about why the rescission notice should not be effective upon mailing, like the statute says and like SCOTUS said 9-0 in XXXX. \n13. XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX attempts to impose conditional statements on the TILA rescission statute is wrong and void. Each such attempt assumes grounds for vacating the rescission have been proven by a party with standing, and XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX lack standing. \n14. Due process requires the party who is directly injured by the \" wrongful '' rescission to initiate a lawsuit that begins with legal standing, asserts the rescission is effective, and the grounds for why the rescission notice should be vacated. \n15. In the Trust Instrument the Trustee XXXX and the parties identified as beneficiaries lack any power to conduct or ratify any transaction or, for that matter, to conduct any administration of any ongoing activity of the trust. This is a fair reading of the trust provisions in the context of a REMIC pass-through facility 16. If any act of the trustee ( and that includes people who were \" appointed '' by the named trustee ) is contrary to express provisions of the trust the act is void. \n17. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX   were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. Under Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX  are legally required to refrain from committing, UDAAP. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX UDAAPs caused significant financial injury to me as consumer, erode confidence, and undermine fair competition in financial marketplace. \n18. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX   under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against UDAAPs in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to knowingly or recklessly provide substantial assistance to a covered person or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ).\n\nA. Validation/Verification of Debt As you know that Fay and XXXX XXXX, and their agent XXXX XXXX XXXX are not entitled to invoke the benefits of a legal presumption, and the most reason for this fraudulent streak is the application of legal presumptions that eliminate the need to prove their case. The source of information with XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX, that was less than credible in civil litigation it is the case of Fay as a servicer and XXXX XXXX as trustee of alleged new securitizer. That means that they are not entitled to any legal presumptions. And that means they must prove everything proffered to prove the truth of any matter asserted. \nI have rescinded the loan transaction within 03 years and as a defense to foreclosure. Section 1635 ( a ) explains in unequivocal terms how the right to rescind is to be exercised : It provides that a borrower \" shall have the right to rescind.. by notifying the creditor, in accordance with regulations of the Board, of his intention to do so '' ( emphasis added ). The language leaves no doubt that rescission is affected when the borrower notifies the creditor of his intention to rescind. It follows that, so long as the borrower notifies within three years after the transaction is consummated, his rescission is timely. The statute does not also require him to sue within three years. \nThe above quote was penned by Justice XXXX writing for a unanimous Supreme Court of the United States, the highest court in the land. It is the boss of bosses, ruling over all appellate and trial courts in every U.S. Jurisdiction. It leaves ZERO room for interpretation and in fact the opinion prohibits any interpretation by anyone, including judges on trial or appellate courts : Nothing in our jurisprudence, and no tool of statutory interpretation, requires that a congressional Act must be construed as implementing its closest common-law analogue. Cf. XXXX XXXX. XXXX XXXX XXXX XXXX. v. XXXX XXXX XXXX XXXX, XXXX ( XXXX ). The clear import of 1635 ( a ) is that a borrower need only provide written notice to a lender in order to exercise his right to rescind. XXXX XXXX XXXX The XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX must know that Rescission is a FACT -- -- -- - NOT A THEORY OR CLAIM The loan was rescinded and discharged in my bankruptcy, therefore a discharged loan/debt can not be verified and or validated B. Foreclosure /Insurance Claims Paying of Alleged Accounts A. Foreclosure XXXX XXXX XXXX and their alleged clients Fay , XXXX XXXX XXXX XXXX alter ego did violate TILA when shown intent to foreclose and they repeatedly scheduled wrongful foreclosure on a void deed, when I did rescind the loan within 03 years and as a defense to foreclosure, they also received my rescissions notice, and violated when wrongfully scheduled my property for foreclosure. Accordingly, I did rescind said Mortgage Loan as a full and complete defense to the Notice of Foreclosure Sale, as well as to any future foreclosure on our primary residence stated above. I did rescind said mortgage loan transactions as a Defense to Foreclosure and as Rescission by Recoupment after Three-Year Period. ( RECISSION ; .See 15 U.S.C. 1635 ( i ) ( 2 ) ; TILA ( Reg Z ), XXXX Truth in Lending Act TILA Amendment ; 15 U.S.C. 1641 et. seq ) B. Insurance Claims Paying of Alleged Accounts In XXXX, when the trust through XXXX XXXX XXXX was dissolved and the XXXX XXXX XXXX was paid through XXXX XXXX through an asset purchase agreement dated XX/XX/XXXX. The alleged creditors have also been fully paid on the Mortgage Loan by the Insurance companies other than XXXX, pursuant to Insurance Policies. Moreover, there may have been additional payments under one or more other insurance policies that I am advised may violate the rule against double recovery in the State of Virginia. See XXXX XXXX XXXX XXXX XXXX  XXXX   XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) XXXX XXXX is False trustee of the trust ; MFRA Trust XXXX-2 because XXXX XXXX disclaims any economic interest and or ownership in our loan C. Notice of Rescission/TILA I have used our rights of rescission within the prescribed time/duration. I did rescind within 03 years and again rescinded as a defense to foreclosure. You need to read the law and apply correctly. I did send these rescissions notices via certified mail and via XXXX, and I do have proof for that, and other fraudulent entities in this case, failed to take actions within 20 days window, and by operation of law the rescission is self-imposed. The statute does not allow you to send a letter, the statute says, you must file a declaratory action in court to dispute the rescission. The alleged creditors let that 20 DAYS WINDPOW close upon them. I did file these rescission notices in the court as evidence. Since you and or your client failed and let the window closed upon you, by operation of law any security interest in the property and any promissory note automatically become void, and the homeowners are automatically relieved of any obligation, including the payment of any finance or other charges ( See generally 15 U S C 1635 ( b ) et seq ; Reg. Z. ) The foreclosure intent and or scheduled by you and your agent XXXX XXXX   XXXX on a VOID instrument ( Deed of Trust ) is in violation, of rescission. Fay and XXXX have the liability of assignee, through the XXXX. The recipients of assignments -- those who assume rights and obligations from the original creditors -- often face a minefield of state and federal laws which may trigger liability. The protection conferred on assignee liability in Section 1641 ( a ) of the Truth in Lending Act ( TILA ). Significantly, however, Congress deliberately limited assignee liability when it amended the Act in the early XXXX to provide as follows in 15 U.S.C. sections 1641 ( a ) : Except as otherwise specifically provided in this subchapter, any civil action for a violation of this subchapter or proceeding under Section 1607 of this title which may be brought against a creditor may be maintained against any assignee of such creditor only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, except where the assignment was involuntary. \nAssignees can examine the documents assigned for irregularities, and they usually make pricing decisions based on those documents. Thus, 15 U.S.C. 1641 ( a ) enable [ s ] an assignee to know with [ a reasonable degree of ] certainty upon receipt of assigned documents whether it would be subject to possible liability for the actions of the vendor. Fay and XXXX XXXX as assignees may lose the protection of Section 1641 ( a ) when other laws intervene. Assignees should always beware of such \" mines '' lurking under the surface of consumer credit transactions. Under section 1641 ( d ), an assignee is subject to all claims and defenses that the consumer could assert with respect to that mortgage against the creditor. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX  did violate TILA when they repeatedly sent notice of default, notice of intent and or scheduled wrongful foreclosure on a void deed, when I did rescind the loan within 03 years and as a defense to foreclosure. Accordingly, we did rescind said Mortgage Loan as a full and complete defense to the Notice of Foreclosure Sale, as well as to any future foreclosure on our primary residence stated above.\n\nD. Abusive/Deceptive/Unfair and Deceptive Practices XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX  did not comply with all federal and state requirements in connection with the servicing as stated above in paragraphs 1-3 above. XXXX XXXX  XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX violated rescission laws and repeatedly scheduled for illegal foreclosure when Deed of Trust, DOT ) was VOID due rescission. Id XXXX XXXX  XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. I have correctly requested to Consumer agencies and courts to take action against, them, for this fraudulent debt, in violation of 15U.S.C. 1692e ( 2 ) ( A ), threatened to take an action that can not legally be taken or that it did not intend to take, in violation of 1692e ( 5 ), and used a false representation or deceptive means to collect or attempt to collect a debt, in violation of 1692e ( 10 ).\n\nUnder Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX are legally required to refrain from committing, UDAAP, and their UDAAPs caused significant financial injury to me as consumer, erode confidence, and undermine fair competition in financial marketplace. XXXX XXXX XXXX and their alleged clients XXXX, XXXX XXXX XXXX XXXX under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against UDAAPs in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to knowingly or recklessly provide substantial assistance to a covered person or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ).\n\nE. Failure to Response/Acquiescence/Admission Please note that from XXXX to XXXX I sent to your office and others our, NOTICE OF RESCISSION AS DEFENDE TO FPRECLOSURE PURSUANT TO 11. U.S.C 1635 ( i ) ( 2 ) and prior Law Firm XXXX XXXX XXXX XXXX, ( XXXX ) representing Fay and XXXX XXXX without reading it, acknowledged our Rescission Notice. Accordingly, I hereby rescind said Mortgage Loan as a full and complete defense to your illegal intent to illegally foreclose on our promissory residence pursuant to 11 U.S.C 1635 ( i ) ( 2 ), when I am not in default. Through the Qualified Written Request, ( QWR ) and other Dispute, and Cease and Desist letters/Notices, I have requested the accountings, ledgers as mentioned on page 3 above which were not provided.\n\nF. Compliance XXXX, Fay and XXXX did not comply with all federal and state requirements in connection with your servicing as stated above in paragraphs 1-5 above, violated rescission laws and repeatedly scheduled for illegal foreclosure when Deed of Trust, ( DOT ) was VOID due rescission. Id XXXX, Fay and XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. \n\nG. XXXX XXXX XXXX is nonexistent inactive trust, ( NEIT ) Note the assumption that lawyers including XXXX XXXX XXXX its alter ego are hired by servicers [ Fay and XXXX  ] and not the Trustee [ XXXX XXXX XXXX ( NEIT ) ] Thus the servicers hire counsel [ XXXX XXXX XXXX ] through third party venders XXXX and then order that foreclosure be brought in the name of the alleged trust, [ NEIT ]. But if there is no trust or no acquisition of the debt, or authorization the servicer is without legal authority to do anything, much less collect money from homeowners or bring foreclosure actions. \nH. XXXX XXXX XXXX knowingly and substantially assists or encourages a clients wrongdoing XXXX XXXX XXXX lawyers knowingly and substantially assists or encourages a clients ( Fay and XXXX XXXX XXXX XXXX ) wrongdoing, and I XXXX XXXX was harmed by the clients misconduct and will sue the XXXX XXXX XXXX and its lawyers in tort for allegedly aiding and abetting the clients misdeeds, while acting as a vehicle of fraud. \nFirst, XXXX XXXX XXXX lawyers may be sued for fraud or negligent misrepresentation in litigation, as where, for example, they are alleged to have knowingly misrepresented material facts in negotiations Second, transactional practice is such that business lawyers are natural targets of fraud and negligent misrepresentation claims by me based on alleged false statements and failures to disclose information. \nThird, clients ( Fay and XXXX XXXX XXXX may sue their own XXXX XXXX   XXXX lawyers for alleged fraud and misrepresentation in appropriate cases Misrepresentation is fraudulent if the maker ( XXXX XXXX XXXX ) : ( a ) knows or believes that the matter is not as XXXX XXXX XXXX represents it to be, ( b ) XXXX XXXX XXXX does not have the confidence in the accuracy of XXXX XXXX XXXX representation that XXXX XXXX XXXX states or implies, or ( c ) XXXX XXXX XXXX knows that XXXX XXXX XXXX does not have the basis for XXXX XXXX XXXX representation that XXXX XXXX  XXXX states or implies","date_sent_to_company":"2018-10-05T15:06:38.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"220XX","tags":null,"has_narrative":true,"complaint_id":"3016254","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"Fay Servicing, LLC","date_received":"2018-09-11T14:28:56.000Z","state":"VA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Since you and or your client failed and let the window closed upon you, by operation of law any <em>security</em> interest in the <em>property</em> and any promissory note automatically become void, and the homeowners are automatically relieved of any obligation, including the payment of any finance or other charges ( See generally 15 U S C 1635 ( b ) et seq ; Reg."]},"sort":[9.26759,"3016254"]},{"_index":"complaint-public-v1","_id":"10475822","_score":8.268667,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ XXXX XXXX ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). did not accurately and truthfully follow the ( TILA ) laws.\n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in 1968 in response to exceedlingy predatory loan practices. P\nrior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code XXXX ( k ) : ( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of 1974, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n* Apr, monthly payments ( 2 ) Service or carrying charge. \n\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.\n\n( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. \n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports.\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms. \n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances.\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( 3 ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any","date_sent_to_company":"2024-10-16T19:19:51.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475822","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2024-10-16T18:54:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Unable to receive car title or other problem after the loan is paid off"},"highlight":{"complaint_what_happened":["Upon the performance of the creditors obligations under this section, the obligor shall tender the <em>property</em> to the creditor, except that if return of the <em>property</em> in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the <em>property</em> or at the <em>residence</em> of the obligor, at the option of the obligor."]},"sort":[8.268667,"10475822"]},{"_index":"complaint-public-v1","_id":"10475948","_score":8.240819,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ Dealership Location ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). Drive time did not accurately and truthfully follow the ( TILA ) laws. \n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in XXXX in response to exceedlingy predatory loan practices. Prior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The XXXX also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Drive time Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code 160XXXX ( k ) : ( k ) The term adequate notice, as used in section XXXX of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of XXXX [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of XXXX, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n* XXXX, monthly payments ( XXXX ) Service or carrying charge. \n\n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n\n( XXXX ) Fee for an investigation or credit report. \n\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( XXXX ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( XXXX ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( XXXX ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( XXXX ) which would otherwise be payable. \n\n\n( XXXX ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes.\n\n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n\n\n\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms.\n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances. \n\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : Drive time is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section XXXX of this title, subsection ( f ) or ( g ) of section XXXX of this title, or part D or XXXX of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damage sustained by such person as a result of the failure ; ( XXXX ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than XXXX year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( XXXX ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the","date_sent_to_company":"2024-10-16T19:34:11.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475948","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-10-16T19:33:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Upon the performance of the creditors obligations under this section, the obligor shall tender the <em>property</em> to the creditor, except that if return of the <em>property</em> in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the <em>property</em> or at the <em>residence</em> of the obligor, at the option of the obligor."]},"sort":[8.240819,"10475948"]},{"_index":"complaint-public-v1","_id":"6775980","_score":8.132206,"_source":{"product":"Debt collection","complaint_what_happened":"Capital One Quicksilver The nature of this Consumer Credit Transaction is Summed to 15 U.S. Code S 1692 - Congressional findings and declaration of purpose ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. Pursuant to 18 U.S. Code 1014 - Loan and credit applications generally ; Capital one is in violation for knowingly making any false statement or report, or willfully overvalues any land, property or security. Form of Identity theft exists in these Consumer Credit Transactions with Capital one false claiming & assuming vital roles as the Creditor, administrator, lender, beneficiary. I am the beneficiary which does not pay debt, trustee pay debt which is Capital one. Capital one is the trustee thats obligated to the Beneficiary, I. I am suppose to be able to trust Capital one with overlooking accounts, complying with my demands & Request. Capital one has failed to lawfully conduct business properly, not throughly & carefully investigating the nature of ALL Disputes & Documents but fraudulently coming after I for bills I am not obligated to pay for nor possible to pay with no Gold or Silver substance pursuant to 18 U.S. Code 8 - Obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money. Coming up with many ways deceptive forms to coerce me for payment of a bill. All phone calls I had with Capital one the Customer service was horrible with no one being able to actually help but only make the situation worst causing more damages correlating to Civil Liabilities pursuant to 15 USC 1692k. Every interaction I had with capital one in good faith has been neglected & dismissed, not once did I see any attempt of Capital one displaying lawful consideration. Not once have I been informed of my Rights will full disclosure as an Consumer. An Consumer have Rights constructed under a system in place for the them called Consumer Protection Laws.\n\nEmployees misinforming you of your Consumer Rights, seems inevitable to happen if they are looking at you as an Customer instead of the Consumer. Capital one has failed to Realize or take Accountability of the fact that this is an Consumer Credit Transaction & fails to innerstand what Consumer Protection Laws is. Consumer protection laws safeguard purchasers of goods and services against defective products and deceptive, fraudulent business practices. Businesses like this knowing the true nature of what it possess leaves no excuse for them to not make the Right & lawful consideration. Disobeying & Neglecting Consumer Protection Laws as if they are above it, feeling like they dont have to comply with. Capital one referring to me as an Customer. A Consumer & an Customer are two separate things. Last time I checked you will not be able to find the word Customer related or under Consumers Protection Laws. Giving I, the Consumer deceptive information while I Am Embracing or Exercising my Consumer Laws Rights resulted in Capital One closing my account. So because I was exercising my Consumer Rights my account has been closed by Capital one. Coercing me for payment Capital one has but when trying to pay with a payable instrument it is not recognized as payment. I have accepted coupons for value & returned to sender extinguished somehow I was told they are not accepting that form of payment yet pursuant to UCC 3-603 TENDER OF PAYMENT, UCC 3-104 NEGOTIABLE INSTRUMENT, UCC 3-110 IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE it is illegal for them not to accept that form of payment. The form of payment is acceptable but they coerce you to use your FRNs for payment only. Paying with FEDERAL RESERVE NOTES are optional. Capital one has been Reporting my account as delinquent while in dispute. Capital one will not/can not bind me to there contract as I am the only one with verifiable risk. I have the Right to release myself from any contracts I put myself in. Civil and criminal liability for willful noncompliance to keep me obligated to terms thats not binding & not releasing funds thats due to I, the Consumer as I demanded & requested lawfully. With an Billing error notice acknowledging how my billing is incorrect being aware it is an Credit balance. Pursuant to 15 U.S. Code 1666d - Treatment of credit balances- Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall- ( A ) credit the amount of the credit balance to the consumer 's account ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months. Capital one has Neglected my Demand of remaining credit balance, displaying many acts of not doing business in good faith or having any lawful consideration.\n\nBenefit of an obligor, in every Consumer Credit Transaction the entity refers to the Consumer paying the bill as the obligor as they are obligated to pay under there terms, which Capital one sure does view me as in this contract holding me obligated to there terms. Capital one has been using many deceptive forms to coerce payment from me for fictitious alleged debt, thats actually coerced debt under constructive fraud without any validation there is an actual debt on my behalf. Informing me how youve found my account in the system and its mines with the wrong address on it isnt/doesnt validate the debt itself, thats specifically validation to the fact that its one of my accounts. Without sending proper validation of debt, sending me a billing statement with transactions experiences all over it isnt debt validation. Pursuant to 15 U.S. Code 1692g - Validation of debts ( 3 ) & ( 4 ), I have not received any of those statements. Failure to properly disclose within five days after the initial communication with a consumer in connection with the collection of any debt. The contracts in whole & part are null and void with Capital one conducting In business outside of its lawful mandate ( Ultra Vires ). If banks are not suppose to loan money ( Own Stock ) pursuant to 12 USC 83 whos credit is Capital one loaning then? Pursuant to 12 U.S Code 83 the fact that Capital one takes ownership claiming to loan me money is an violation. 12 U.S. Code 83 - Loans by bank on its own stock - a ) General prohibition No national bank shall make any loan or discount on the security of the shares of its own capital stock b ) Exclusion For purposes of this section, a national bank shall not be deemed to be making a loan or discount on the security of the shares of its own capital stock if it acquires the stock to prevent loss upon a debt previously contracted for in good faith. Loaning the credit of the people since XXXX in form of promissory notes, there is no real money in circulation. As you can see Banks is leasing the credit of the people of United States back to them with unlawful fees, interest & charges. The greed to triple dip or more on someones credit & not repay them or compensate them is truly fraudulent. True Full Accounting of where the funds are being pulled from has not been provided as I requested & demanded. Im sure wont ever be provided as Ive ask for the full accounting of this Consumer Credit Transaction back in XXXX of XXXX. True Full Accounting would show exactly where the credit or money stems from. It is my Credit I am being leased back plus interest, late fees which shouldnt exist pursuant to 15 U.S. Code 1666b - Timing of payments. Full faith & Credit of the United States is backed by the people. Minimum payments and all other charges are violations in the process of the Consumer Credit Transaction/ Consumer Goods Transactions , false representations of dollar amounts owed or due pursuant to 15 U.S. Code 1692e - False or misleading representations ( 2 ) The false representation of- ( A ) the character, amount, or legal status of any debt. Pursuant to 15 U.S. Code 1605 - Determination of finance charge, Finance charge shall be the only charge in this Consumer Credit Transaction as its suppose to cover the sum of all charges not leaving a bill behind. UCC 1026.4 Finance charge ( a ) Definition - The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. Finance charge is the sum of all charges including fees, interest any/all other charges therefor in a lawful Consumer Credit Transaction 1 charge should have been it. False/inaccurate information from is given to me every interaction with Capital one, deceptive forms pursuant to 15 U.S. Code 1692j - Furnishing certain deceptive forms. Capital one Displaying unfair practices pursuant to 15 U.S. Code 1692f - Unfair practices -A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Continuously oppressing, harassing & Neglecting I and my demands affecting my credit worthiness, general reputation & mode of living. Pursuant to 15 U.S. Code 1692d - Harassment or abuse ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. Constantly telling me I am obligated under Capital one terms and my Accounts are late/due for payments. Informing me they can report false information to the CRAs because they claim the information being report is correct and valid yet has not used the proper procedures to lawfully determine the facts.\n\nCapital one is on a Cease & Desist notice pursuant to 15 U.S. Code 1692c these are the only acceptions Capital one may reach out to me now 15 U.S Code 1692c - Communication in connection with debt collection ( C ) Cease communication, expect 1. to advise the consumer that the debt collector 's further efforts are being terminated ; 2. to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or 3. where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. There should be no other reason Capital one contacts I furthermore for any bills or payment on any of my Accounts. Capital one doing adverse action on my credit card due to disputes. Unlawful to close a Consumers account due to them expressing their Consumer Laws. Capital one has completely failed to give me proper communications. Failure to give any validation of debt pursuant to 15 U.S. Code 1692g - Validation of debts ( a ) NOTICE OF DEBT ; CONTENTS The Original Creditor is not Capital One, I AM the Original Creditor whose credit I am using, Deceived by identify theft, misrepresentation. Capital one doesnt have credit nor money but using the credit & funds of the people to fulfill its business life. If people were to stop applying for these credit applications using there SSN which is a credit card with funds & stop funding these businesses then how would they be able to provide any service if not needed. Capital one whole business model is set up as fraud. Coerced debt is forced debt. Capital one has failed to give me Full Disclosure of my right to dispute the validity of the debt so I may be informed how to go about clarifying the validation of the debt or anything else related to Consumer Credit Transaction Im suppose to know in initial communication with Capital one was not received. Taking advantage of 15 USC1692g Validation of debts not giving full disclosure, I was obviously not aware of being able to dispute the validity of debt from the beginning, the 1st initial communication between I & Capital one. Paying for things thats already paid for because Ive never dispute validity of debt & continuously making monthly payments in good faith further proving the debt was in valid. Giving Capital one room to assume the debt was valid but once I start disputing & exercising my Consumer rights nothing changes with Capital one as they insist on neglecting my Consumer rights. Capital one is in violations of criminal & civil liability pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance, Civil liability pursuant to 15 U.S Code 1692k, 15 U.S. Code 1611 - Criminal liability for willful and knowing violation & 15 U.S. Code 1640 - Civil liability. Capital one has been informed of all of there ill will with documents sent marked with all the violations proof that pinpoints exactly how it is a violation & where it has been. Limited to the violations I found, not all that exist. There violations has been blind eyed. Capital one couldnt rebuttal or properly respond to any of my Documents in a timely manner or in general. Unrebutted Affidavits stands as truth & its past Capitals one deadline to lawfully pinpoint any issues on the Affidavits they may believe is not true or incorrect. Capital one should be ashamed for how unprofessional, unethical & lack of morals they posses as there nature. Form of payment with amounts for violation was given, clearly to satisfy the damages they cost upon I, the Consumer civil & criminal liabilities. I have tried all I can in good faith to settle & satisfy my Accounts in a lawful manner while being neglected. All demands/requests made to Capital one as the beneficiary, Consumer has been denied. Capital one has shown there incapability of not being able to make any proper or lawful consideration in conducting healthy business. Working closely together with CRAs they collaborated with damaging my credit worthiness, general reputation & mode of living. Pursuant to 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system, ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers, ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. About 6 months in dispute with Capital one they have failed to properly update my accounts communicating it with CRAs so all is aware. Failed to communicate with I in an lawful manner about notices like my account being closed the first couple months in dispute with them. Failed to respect any of my rights as the Consumer, neglected all forms of Documents received not willfully complying to any demands/requests. Its clear NFCU is in violation of many of my rights in this Consumer Credit Transaction as an consumer. 15 U.S. Code 6803 - Disclosure of institution privacy policy a financial institution shall provide a clear and conspicuous disclosure to such consumer. Note : Just because no more violations arent listed doesnt mean there isnt any more done in These consumer credit transactions, as stated in 15 USC 1692 There is ABUNDANT EVIDENCE of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Capital one completely failed to give me any procedures on how theyve come up any of the claims or conclusions they have like validation of debt or them having the right to report how they are currently reporting false information that can not or hasnt been proving etc. The time gap for Capital one to have sent any documentation elaborating the procedures for any claims or chances to rebuttal Affidavits or any other Documentation is closed. The duration of those procedures does not take months to attend to especially with it being a requirement by law that they reply within a given duration they have failed to constantly do. Furthermore to interfere With our proper timing of communications on all forms Capital one has been sending Mail to an address thats previous on my account but I am not attending to or an residence at no longer. Nor is it a Primary address or an Address in usage.\n\nFINAL NOTICE TO ALL.\n\nAffiliations & Partnerships of CAPITAL ONE Conduct Lawful business with the Greatest Intentions of being in Service of the People to help YOU pay your Karmic Debt youve been harnessing, collecting since the Birth & Establishments of your entities. Capital one claims to not take fault for any damages done - UCC filing completed - Secured Party Creditor - I AM EXEMPT from all you try to enforce & coerce upon I.\n\n- The Secured Party/ Creditor is also able to discharge debts, because he is exempted from debts in the first place. This is done using the '' Acceptance for Value '' principle.\n\n- I have accepted for value & returned to sender settled & satisfied in good faith - A secured party is also legally backed to only transact using gold and silver. But since this has been expunged due to the government 's bankruptcy sham, the secured party is therefore not mandated to pay such debts or taxes in gold or silver, because they are not available.\n\n- Since congress borrows \" money substitutes '' ( FRNS ) on the basis of my credit since I am one of the people of the United States, Congress gives me an unlimited credit exemption that I can use to discharge the debts that I can not pay with FRNs because FRNs are not \" real money of account of the United States '' that \" pays '' debts. Congress permits me to use my personal credit exemption to pay charges that FRNSs can only \" discharge. '' - Entity, Corporations doesnt have wet ink signature ( Fictitious Being ) Paid attention or belief makes it real - Belief in any system makes It Alive - Also, the state is a \" debtor '' and therefore can not compel a Secured party who is a \" creditor '' to pay anything. They borrowed from people of America in the first place, and therefore are indebted to the American People ( People of the Land ) - We the people provide the credit for every instrument that we endorse the very instant we endorsed it.\n\n- Our signature represents the intangible personal credit that we provide. We only have to pay for what we get with money substitutes ( FRNs ) because our suppliers usurp our personal credit exemption for their own use when we fail to object and do not demand our personal credit exemption for ourselves. They can't do this when we object.\n\n- All taxes are interest payments that accrue from the principle of the lenders of personal credit ( meaning us ) to the lending institutions of the corporate UNITED STATES, and these interest payments must be returned to the lenders of personal credit ( to us ), when so claimed, for the close of escrow lest we be found guilty \" for failing to make the return ''.\n\n- All Billing statements Violation Pursuant to 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions - the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; - Consumers Report is an Billing Statement - A billing statement is a monthly report that credit card companies ' issue to credit card holders showing their recent transactions, monthly minimum payment due, and other vital information. Billing statements are issued monthly at the end of each billing cycle. Violations All over Billing statements with symbols, being deceptive form etc pursuant to 15 U.S. Code 1692j -Furnishing certain deceptive forms, 15 U.S. Code 1692f Unfair practices Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram & 15 U.S. Code 16926 -Acquisition of ocation information ( 5 ) ( B ) - 15 U.S. Code 1692b- Acquisition of ocation information - 33 U.S. Code 931 - Penalty for misrepresentation - 15 U.S. Code 1692f - Unfair practices - 15 U.S. Code 1681 m- Requirements on users of consumer reports- 18 U.S. Code 242 - Deprivation of rights under color of law - 18 U.S. Code 8 - Obligation or other security of the United States - 18 U.S. Code 241 - Conspiracy against rights - 15 U.S. Code 1692e - False or misleading representations - 15 U.S. Code 1681i - Procedure in case of disputed accuracy - 15 U.S. Code 1681n - Civil liability for willful noncompliance - 15 U.S. Code 1681o - Civil liability for negligent noncompliance - 15 U.S. Code 1611 - Criminal liability for willful and knowing violation - 31 U.S. Code 3729 - False claims - 18 U.S. Code 1014 - Loan and credit applications generally ; renewals and discounts ; crop insurance - 15 U.S. Code 1693n - Criminal liability - 15 U.S. Code 1692c -Communication in connection with debt collection - 15 U.S. Code 1692k - Civil liability - 15 U.S. Code 1692d - Harassment or abuse - 15 U.S. Code 1692g - Validation of debts - No Valid verification of debt just word of mouth accusing of alleged debt.\n\n- Coupon : \" A coupon or coupon payment is the annual interest rate paid on a bond, expressed as a percentage of the face value and paid from the issue date until maturity. Coupons are usually referred to in terms of the coupon rate ( the sum of coupons paid in a year divided by the face value of a bond in question ). A certificate attached to a loan instrument that can be separated from the instrument and presented after a specified time for the collection of interest. '' - Coupon Bonds : \" bonds to which are attached coupons for the several successive installments of interest to maturity.\n\n- As the Beneficiary, Administrator, Lender, Original Creditor, Consumer, Organic Living Being I DO NOT OWE anything to any corporation, entity or man - Beneficiaries dont pay debt, Trustees do which is CAPITAL ONE - CAPITAL ONE is the debtor, trustee - CAPITAL ONE Is not the creditor, Lender - I Am the Original Creditor, Beneficiary, Consumer- Not accepting negotiable instrument making account more late - Have not returned any payment coupons but claim payment was not accepted, yet payment delivered & not returned - Fictitious Debt this is, Made Up Debt, EX. Would be print more money to seem wealthy which the U.S does naturally due to being Fraudulent by Nature.\n\n- The U.S is in Debt, I AM Not in Debt to any entity or persons - Banks are in debt, I AM not in Debt - The U.S & Banks borrowing the credit from the people with no intentions on returning it - Credit of the U.S is backed by the People of America - Debt belongs to the trustees - The U.S is suppose to be my Trustee, responsibility being reassuring my Accounts are in my benefit of Great Standings. Beneficial to I the Beneficiary.\n\n- All Corporations who has Access to any of my Accounts are my Trustee working for I, The Beneficiary.\n\n- Trustee is suppose to be in service of the beneficiary - Debt belongs to the U.S as it is their duty to fulfill their obligations pursuant to 18 U.S. Code Obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, - Coerced debt is an form of identity theft - Identity Theft assuming the Role of a Original Creditor, I AM.\n\n- CAPITAL ONE has a Wrong Number thats not mines under Personal Information - CAPITAL ONE has claimed their selfs as the Creditor whos giving me this line of credit from them to I, the Original Creditor.\n\n- True Full Accounting would show whos the Creditor - A U.S. law passed in 2002 to protect investors from corporate accounting fraud by improving financial reporting and auditing standards- Sarbanes-Oxley ( SOX ) -coerced debt is unlawfully fraudulent -Coerced debt is void, All you alleged me for is extinguished -Compensation shall be made for the identity theft coercing debt -1 month after in Dispute my Account was already closed? Exercising my consumer rights -identity theft claiming many vital roles of assembling & evaluating -Adverse Action on Account being closed- Unlawfully wrong & Privacy concerns of Capital One sending my mail to wrong address. Employee making excuses for capital one to send to wrong address - Capital one sending mail to an address I no longer reside at is unlawfully incorrect - Capital one informed me the debt was sold - Capital one Claims debt is valid yet hasnt sent proper documentation showing how is the debt valid - Willfully Neglecting all documents sent even certified Affidavit - No lawful consideration - Ultra vires - Willful non-compliance - Cant rebuttal but yet still trying to bind me to there terms/obligations is unlawful- Is NOT reporting accurate information but claims they are- Just because Capital is able to verify that is my account with SSN, email, phone number & date of birth does not not validate debt - I have never claimed this wasnt my account so capital one responses arent even properly handling what my complaint was about - Improperly responding to Complaints and Dissatisfaction of the Consumer - Capital one has Confirmed to me they had/have verified my SSN & date of birth they have on record, meaning its in there systems & my Account has already been paid off with my SSN credit card, a trust account attached that that pre pays bills debts. When I open the account a SSN is required. SSN prepaid the credit card.\n\n- My SSN being on file means Credit Card was PrePaid for the amount I open the Account for my Line of Credit that was lease to me with all types of fees violating my Consumer Law Rights & other statuses. \n- coercing for payment on a PAID IN FULL ACCOUNT ( DOUBLE DIPPING, TRIPLE DIPPING FOR PAYMENT THATS FICTITIOUS MAKES THE BANKS THERE PROFIT ) - Claim the first documents I delivered wasnt legible, telling me to send a separate sign letter - XXXX XXXX more Affidavits with violations on documents from capital one pinpointing violations ; Capital one has failed to rebuttal or lawfully reply - Since congress borrows \" money substitutes '' ( FRNS ) on the basis of my credit since I am one of the people of the United States, Congress gives me an unlimited credit exemption that I can use to discharge the debts that I can not pay with FRNs because FRNs are not \" real money of account of the United States '' that \" pays '' debts. Congress permits me to use my personal credit exemption to pay charges that FRNSs can only \" discharge. '' - My mutual offset credit exemption exchange was mentioned in documentation sent to CAPITAL ONE they claimed wasnt legible yet the same form was sent to XXXX & they didnt claim it wasnt legible. \n- Trickery, deceptive way of collecting additional pay, requesting pay in that manner Please send us this portion of your statement and only one check ( or one money order ) payable to Capital One to ensure your payment is processed promptly. Allow at least seven business days for delivery. Payment coupon clearly acceptable for negotiable instrument - CFPB Closing all my cases yet they arent solved how I Demanded, therefore shouldnt be closed as resolved, I have no received my Remedies due to I, the Consumer for Criminal & Civil Liabilities & Damages. \n\n- Caused damages Committing Civil & Criminal Liabilities","date_sent_to_company":"2023-03-31T01:25:49.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"33027","tags":null,"has_narrative":true,"complaint_id":"6775980","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-03-31T01:08:48.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["The duration of those procedures does not take months to attend to especially with it being a requirement by law that they reply within a given duration they <em>have</em> failed to constantly do. Furthermore to interfere With our proper timing of communications on all forms Capital one has been sending Mail to an address thats previous on my account but I am not attending to or an <em>residence</em> at no longer. Nor is it a <em>Primary</em> address or an Address in usage.\n\nFINAL NOTICE TO ALL."],"product":["<em>Debt</em> collection"],"issue":["Attempts to collect <em>debt</em> not owed"],"sub_product":["Credit card <em>debt</em>"],"sub_issue":["<em>Debt</em> was result of identity theft"]},"sort":[8.132206,"6775980"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":13,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":13}]}},"product":{"doc_count":13,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage","doc_count":7,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Home equity loan or line of credit (HELOC)","doc_count":3},{"key":"Conventional home mortgage","doc_count":2},{"key":"FHA mortgage","doc_count":1},{"key":"Other type of mortgage","doc_count":1}]}},{"key":"Debt 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