{"took":327,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":14,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8488226","_score":31.941444,"_source":{"product":"Debt collection","complaint_what_happened":"DPT ED/AIDV is reporting an inaccurate balance on my student loan account. The debt has been reported as canceled per the IRS publication. This was then reported as income on my federal tax refund and income can not be reported to the consumer report. DPT ED/AIDV uses the promissory note which is a negotiable instrument as the security to sell for profits. According to the DPT ED/AIDV own prospectus that is attached they pool the notes together to sale and have raised billions in profits selling consumers notes. However the interest that the security earns should legally and lawfully be paid out to the REGISTERED owner of the security. I have received no such compensation. \n\n( XXXX ) \" Bearer form, '' as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement. \n( XXXX ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder. \n\n( XXXX ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n( XXXX ) \" XXXX, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part XXXX. \n\n( XXXX ) \" Uncertificated security '' means a security that is not represented by a certificate. \n\n( b ) Other definitions applying to this Article and the sections in which they appear are : Appropriate person Section 8-107 Control Section 8-106 Delivery Section 8-301 Investment company security Section 8-103 Issuer Section 8-201 Overissue Section 8-210 Protected purchaser Section 8-303 Securities account Section 8-501 ( c ) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.\n\n( d ) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.","date_sent_to_company":"2024-03-06T22:39:15.000Z","issue":"False statements or representation","sub_product":"Federal student loan debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8488226","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-03-06T21:58:02.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 ( b ) ( 2 ) or ( 3 ), that <em>person</em> is the <em>entitlement</em> <em>holder</em>. \n\n( XXXX ) \" <em>Entitlement</em> order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the <em>entitlement</em> <em>holder</em> has a <em>security</em> <em>entitlement</em>."]},"sort":[31.941444,"8488226"]},{"_index":"complaint-public-v1","_id":"7978506","_score":30.282408,"_source":{"product":"Debt collection","complaint_what_happened":"Denefits LLC is alleging I owe a debt not owed. Denefits LLC failed to disclose my application and contract are the collateral that is backing this credit sale. Not only is Denefits LLC benefiting from my financial asset the profits I am entitled to have been withheld from me. This is my financial asset that is making profits for the shareholders and the secondary market therefore my return on the said investment should rightfully be mine. It has my name on it. Denefits LLC never disclosed any of this to me even with the Truth in Lending passage on the contract they failed to uphold what is stated. With clean hands and good faith I went into business with Denefits LLC under false pretenses. \n\n\n\n( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder.\n\n( 8 ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement.\n\n( 9 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n\n( 10 ) [ reserved ] ( 11 ) \" Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.\n\n( 12 ) \" Instruction '' means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.\n\n( 13 ) \" Registered form, '' as applied to a certificated security, means a form in which : ( i ) the security certificate specifies a person entitled to the security; and ( ii ) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states.\n\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.\n\n( 15 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article.\n\n( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2023-12-10T21:58:59.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"7978506","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Denefits LLC","date_received":"2023-12-10T21:43:26.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( 7 ) \" <em>Entitlement</em> <em>holder</em> '' means a <em>person</em> identified in the records of a <em>securities</em> intermediary as the <em>person</em> having a <em>security</em> <em>entitlement</em> against the <em>securities</em> intermediary. If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 ( b ) ( 2 ) or ( 3 ), that <em>person</em> is the <em>entitlement</em> <em>holder</em>."]},"sort":[30.282408,"7978506"]},{"_index":"complaint-public-v1","_id":"10197935","_score":28.692524,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Flagship Credit Acceptance XXXX XXXX XXXX XXXX, as Borrower c/o Flagship Credit Acceptance LLC Flagship Credit Acceptance LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX and XXXX FLAGSHIP CRD Account # XXXX Reviewing over my contract it states under the Arbitration Provision, \" Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. This vehicle was repossessed without proper arbitration which is a violation of your own contract. I will have to get a Credited Forensic Audit on this account if this matter is not rectified. \n\nI have attached correspondence that I have sent to Flagship and have not received what I requested, which was a 1099C. I also provided the Retail Installment Contract with other attachments provided by Flagship Credit. I have a security interest in this purchase money loan/retail installment contract and I have not received any proceeds. \n\n\nPage XXXX : Other Important Agreements Under Number XXXX : Your Other Promises To Us Security Interest : I resend the Security Interest Flagship Credit Acceptance LLC XXXX XXXX XXXX XXXX XXXX across all years & all periods of time. The agreement also states \" This secures payments of all you owe on this contract '', I am also Resending Dealership, Finance Company From The Beneficiary Of My Credit Life/Credit Disability as well. \n\nSo why am I being harassed for close to a decade? \n\nI will also like to furnished The Original Contract, Purchase Order, Bill Of Sale, Consumer Credit Contract, Accounting, GAAP Accounting, Information for everyone who is a holder of the Contract. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \n\nNOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\n\n16 CFR 433.1 - Definitions.\n\n( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\nMy security interest is the payment on the account and the Indenture Trustee/ or the XXXX XXXX duty is to set off the account.-12 U.S. Code 412 - Application for notes ; collateral required Withholding my Financial Asset, and I have not received any Consideration/Benefit from your offer is Security Fraud and in violation of the Security Exchange Act of 1934, which violates your Financial Institution 's own XXXX SEC Filing. \n\n8-501. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \n\nSecurities account means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account.\n\n8-502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8-501 for value and without notice of the adverse claim..\n\n8-102. DEFINITIONS. \n\n( a ) In this Article : ( 1 ) \" Adverse claim '' means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. ( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 b 2 or 3, that person is the entitlement holder. ( 8 ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. ( 15 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. \n\n12 U.S. Code 412 - Application for notes ; collateral required XXXX : XXXX, Beneficiary All Rights Reserved","date_sent_to_company":"2024-09-21T22:27:11.000Z","issue":"Repossession","sub_product":"Lease","zip_code":"23434","tags":null,"has_narrative":true,"complaint_id":"10197935","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FC HoldCo LLC","date_received":"2024-09-21T21:25:45.000Z","state":"VA","company_public_response":null,"sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 b 2 or 3, that <em>person</em> is the <em>entitlement</em> <em>holder</em>. ( 8 ) \" <em>Entitlement</em> order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the <em>entitlement</em> <em>holder</em> has a <em>security</em> <em>entitlement</em>. ( 15 ) \" <em>Security</em>, '' except as otherwise provided in <em>Section</em> 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property"]},"sort":[28.692524,"10197935"]},{"_index":"complaint-public-v1","_id":"10198393","_score":28.390074,"_source":{"product":"Credit card","complaint_what_happened":"Account # XXXX Amount : {$310.00} Capital One XXXX XXXX XXXX Chief Financial Officer XXXX XXXX XXXX Chair Chief Executive Officer 8-502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. \nAn action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8-501 for value and without notice of the adverse claim. \n\n. \n8-102. DEFINITIONS. \n( a ) In this Article : ( 1 ) \" Adverse claim '' means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. \n\n( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 b 2 or 3, that person is the entitlement holder. \n\n( 8 ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX5 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. \n\n\n8-501. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \n\nSecurities account means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. \n\n( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. \n\nI, XXXX XXXX, Investor in Capital One, have been performing on this account for the past couple of months and the payments are not being processed and are being returned. I am acting in good faith to resolve this matter, so I can provide for my family. I have attached Exhibits ( Payment Activity Report & Statements ) below of current attempts of performing on this security account, and the payments are not processing in an adequate or appropriate time. Capital One took it upon themselves to close my Securities account. After several attempts of making payments, Capital One is dishonorable, due to the fact they are forcing me to pay under Duress while receiving no benefits as the Entitlement Holder of this account. However, looking over the Card Member Agreement ( Which I Attached Below ) states on the top of page 5 \" That if you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, UNLESS the law says that we must give you notice. I was told by the Customer Representative that I have violated the card member agreement and that is why my account was closed. \n\nPage 07 Of Capital One Card Member Agreement : The Law That Applies to Your Agreement : We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement is governed by applicable federal law and by Virginia law. If any part of this Agreement is unenforceable, the remaining parts will remain in effect. \n\nWhat law states you can close the Consumer account that extended the line of credit? \n\nI will have to revoke POA and your Fiduciary Duty by filing IRS 2848 if this situation does not get rectified immediately. I will have to hire a Credited Forensic Auditor to get a hold of my Application/since I am not able to access my Security Account. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \n\n433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\nMy security interest is the payment on the account and the Indenture Trustee/ or the CFO /CEO duty is to set off the account.-12 U.S. Code 412 - Application for notes ; collateral required Withholding my Financial Asset, and I have not received any Consideration/Benefit from your offer is Security Fraud and in violation of the Security Exchange Act of XXXX, The Sarbanes-Oxley Act of XXXX ( SOX ) ; which violates your Financial Institution 's own XXXX SEC Filing & Prospectus. \n\nUnder the terms of a letter of credit, the Beneficiary is ENTITLED to have its complying presentation honored. \n\nXXXX : XXXX, Beneficiary","date_sent_to_company":"2024-09-21T21:18:11.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"23434","tags":null,"has_narrative":true,"complaint_id":"10198393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-09-21T19:51:39.000Z","state":"VA","company_public_response":null,"sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 b 2 or 3, that <em>person</em> is the <em>entitlement</em> <em>holder</em>. \n\n( 8 ) \" <em>Entitlement</em> order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the <em>entitlement</em> <em>holder</em> has a <em>security</em> <em>entitlement</em>."]},"sort":[28.390074,"10198393"]},{"_index":"complaint-public-v1","_id":"7978339","_score":28.195059,"_source":{"product":"Debt collection","complaint_what_happened":"Carmax is alleging I owe a debt and stealing property from my trust. My contract is the security that funded this credit sale. CarMax Auto XXXX XXXX is the seller and depsoitory company that has illegal used my financial asset. Carmax is the servicer of the loan which servicers have no rights. Servicers only hold loans. Carmax has kept the interest, proceeds, and insurance from the sell of my security. As the executor of my estate I am entitled to compensation from Carmax. Futhermore I can not be indebted to Carmax while you're making profits from my security. A simple contract does not guarantee interest per federal law. Therefore Carmax has no interest or power to for performance nor keep all the profits from financial asset. That is securities fraud. \n( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder. \n\n( XXXX ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n\n( 10 ) [ reserved ] ( 11 ) \" Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. \n\n( 12 ) \" Instruction '' means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.\n\n( 13 ) \" Registered form, '' as applied to a certificated security, means a form in which : ( i ) the security certificate specifies a person entitled to the security; and ( ii ) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. \n\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. \n\n( 15 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.\n\n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use.\n\n( c ) Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.\n\n( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement.\n\n( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z.\n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.","date_sent_to_company":"2023-12-10T23:32:59.000Z","issue":"False statements or representation","sub_product":"Auto debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7978339","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CarMax, Inc.","date_received":"2023-12-10T22:46:44.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["That is <em>securities</em> fraud. \n( 7 ) \" <em>Entitlement</em> <em>holder</em> '' means a <em>person</em> identified in the records of a <em>securities</em> intermediary as the <em>person</em> having a <em>security</em> <em>entitlement</em> against the <em>securities</em> intermediary. If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 ( b ) ( 2 ) or ( 3 ), that <em>person</em> is the <em>entitlement</em> <em>holder</em>."]},"sort":[28.195059,"7978339"]},{"_index":"complaint-public-v1","_id":"2835077","_score":9.90399,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX XXXX VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of LEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. Illegal documents have been filed against me and my home, the property I own at XXXX XXXX XXXX   XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA , COUNTY XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX County Georgia, being Lot XXXX Block XXXX of XXXX XXXX XXXX as per plat thereof recorded in Plat book 33 page 194-199, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX  XXXX XXXX XXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX OCGA 44-7-1, 44-7-2 ,44-7-3,44-7-5 XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX County Court,  and had no objections to Exempt From Sale and Levy Court Order or Bankruptcy. XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or Specialized Loan Servicing resulting in two court orders 1.Exempting the property from sale and Levy and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX   XXXX  XXXX , XXXX XXXX XXXX XXXX XXXX, Specialized Loan Servicing, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. \nXXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX Grantee party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power. ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE. The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX  XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. XXXX Magistrate Court Judge suggested I report the crime to XXXX Law Enforcement and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge. Violations FDCPA-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. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title. \n( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when  he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.\n\nWhat Is Theft by Conversion in Georgia?\n\nTheft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. \nWhat Is Considered Personal Property in Georgia?\n\nAccording to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property.\n\nExamples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? \nNo. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. \nIs Theft by Conversion a Felony or Misdemeanor?\n\nThe crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. What Is the Punishment for Theft by Conversion? The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine. Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions.A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.O.C.G.A 16-8-102 Residential mortgage Fraud.  Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process. \nO.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud. \nO.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud  may be committed by acts as well as words.\n\n( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. \nXXXX XXXX OBJECTS XXXX XXXX XXXX XXXX  XXXX , XXXX  XXXX XXXX XXXX. SPECIALIZED LOAN SERVICING AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING XXXX OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. \nUsing the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. \nO.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. \nO.C.G.A. 11-9-201. General effectiveness of security agreement. \n( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. \nO.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. \n( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing.\n\nGrantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored Manor Homes Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX XXXX  XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. \nNO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX , BXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Specialized Loan Servicing, the responsible attorneys I believe to be a XXXX XXXX XXXX  XXXX XXXX attorneys for the firm XXXX XXXX XXXX. \n11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX County Court Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request. \nO.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question. \n\n( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq. \n12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.\n\n13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True. \n14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. \n15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record. \nGrand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators. \n( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter.. \n( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. \n( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX   XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. \n( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, \" whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, \" in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves \" fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.\n\n( h ) Uttering a Forged Instrument.\n\n( i ) Accessory Before the Fact in Uttering a Forged Instrument.\n\n( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.\n\nFraud.\n\n( l ) Encumbering Property with Intent to Defraud.\n\n( m ) Passing Forged Instruments.\n\n( n ) Attempted Fraud.\n\n( o ) Using the Mails to Defraud.\n\n( p ) Securities Fraud.\n\n( q ) Conspiracy to Defraud the Public.\n\n( r ) Transporting Stolen Property.\n\n( s ) Obtaining Money by False Pretenses.\n\n( t ) Malicious Trespass.\n\nEveryone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.\n\nO.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud. \n( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.\n\n( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension \" Abet '' means to encourage, incite, or help and \" Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them. \n( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21. \n( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.\n\n( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.\n\n( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.\n\n( gg ) Forgery of Public Documents. \n( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia .\n\n( kk ) State of Georgia conviction for forgery. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). The XXXX Circuit in XXXX v. XXXX, XXXX XXXX. Appx. XXXX ( XXXX Cir. XX/XX/XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was  a XXXX as the offense involved forgery and was fraudulent in nature. \n( ll ) Attempting to Obstruct or Impede the Progress of Justice.\n\n( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.\n\n( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. \n( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. \nO.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX v. XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover. \n\nXXXX lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX  XXXX XXXX XXXX XXXX   XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND LEVY COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS EVIDENCE.XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM PARTIES XXXX  XXXX XXXX XXXX XXXX XXXX XXXX   XXXX SPECIALIZED LOAN SERVICING XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. \nHere are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.\n\n2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.\n\n4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.\n\n5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.\n\n6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.\n\n7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.\n\n8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.\n\n9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.\n\n10. Certifications must be based upon personal knowledge and","date_sent_to_company":"2018-05-07T15:47:57.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"30094","tags":null,"has_narrative":true,"complaint_id":"2835077","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2018-03-06T18:31:13.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Original <em>security</em> deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER <em>HOLDER</em> a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF <em>HOLDER</em> IN DUE COURSE."]},"sort":[9.90399,"2835077"]},{"_index":"complaint-public-v1","_id":"2834306","_score":9.90399,"_source":{"product":"Debt collection","complaint_what_happened":"BROCK & SCOTT PLLC VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of ILLEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. \nIllegal documents have been filed against me and my home, the property I own at XXXX XXXXXXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA XXXX XXXX XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX XXXX Georgia, being Lot XXXX XXXX XXXX of XXXX XXXX XXXX as per plat thereof recorded in XXXX XXXX XXXX page XXXX, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXXXXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX XXXX XXXX, and had no objections to Exempt From Sale and XXXX Court Order or Bankruptcy. \nXXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX resulting in two court orders 1.Exempting the property from sale and XXXX and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. \nXXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. \nDUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX XXXX party who receives title to real property from the seller ( grantor ) XXXX XXXX   VOIDS security deed, assignment and deed under power. \nORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. \nO.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX  NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on XXXX XXXX XXXX XXXX   XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. \n\nO.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. \n\nXXXX XXXX XXXX XXXX suggested I report the crime to XXXX XXXX XXXX and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge.\n\nViolations FDCPA-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. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. \nFurnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.\n\n( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact. \nWhat Is Theft by Conversion in Georgia? \nTheft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. \nWhat Is Considered Personal Property in Georgia? \nAccording to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property. \nExamples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? \nNo. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. \nIs Theft by Conversion a Felony or Misdemeanor? \nThe crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. \nWhat Is the Punishment for Theft by Conversion? \nThe misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine.\n\nMaking false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.\n\nO.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of  residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.\n\nO.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.\n\nO.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.\n\n( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING LINDSAYS OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. \nUsing the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. \nO.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.\n\nO.C.G.A. 11-9-201. General effectiveness of security agreement.\n\n( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.\n\nO.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. \n( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing. \n\nGrantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored XXXX XXXX  Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX and XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. \nNO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX XXXX, the responsible attorneys I believe to be a XXXX XXXX and XXXX XXXX attorneys for the firm XXXX and XXXX. \n11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX XXXX XXXX Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.\n\nO.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.\n\n( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.\n\n12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.\n\n13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.\n\n14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.\n\n15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.\n\nGrand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.\n\n( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..\n\n( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. \n( d ) The entity these men claim to be representing, XXXX XXXX XXXX   XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. \n( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, \" whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, \" in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves \" fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.\n\n( h ) Uttering a Forged Instrument.\n\n( i ) Accessory Before the Fact in Uttering a Forged Instrument.\n\n( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.\n\nFraud.\n\n( l ) Encumbering Property with Intent to Defraud.\n\n( m ) Passing Forged Instruments.\n\n( n ) Attempted Fraud.\n\n( o ) Using the Mails to Defraud.\n\n( p ) Securities Fraud.\n\n( q ) Conspiracy to Defraud the Public.\n\n( r ) Transporting Stolen Property.\n\n( s ) Obtaining Money by False Pretenses.\n\n( t ) Malicious Trespass.\n\nEveryone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.\n\nO.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.\n\n( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.\n\n( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension \" Abet '' means to encourage, incite, or help and \" Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.\n\n( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.\n\n( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.\n\n( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.\n\n( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.\n\n( gg ) Forgery of Public Documents.\n\n( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia . \n( kk ) State of Georgia conviction for forgery. Animashaun v. INS, XXXX XXXX XXXX XXXX XXXX Cir. XXXX XXXX XXXX XXXX Cir. XXXX ). The XXXX XXXX in XXXX XXXX XXXX, XXXX XXXX. Appx. XXXX XXXX XXXX Cir. XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a CIMT as the offense involved forgery and was fraudulent in nature.\n\n( ll ) Attempting to Obstruct or Impede the Progress of Justice.\n\n( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.\n\n( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. \n( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. \nO.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.\n\nLindsays lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX AND XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND XXXX COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX XXXX XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. \nHere are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.\n\n2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.\n\n4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.\n\n5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.\n\n6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.\n\n7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.\n\n8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.\n\n9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.\n\n10. Certifications must be based upon personal knowledge and","date_sent_to_company":"2018-03-06T18:31:07.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"30094","tags":null,"has_narrative":true,"complaint_id":"2834306","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Brock & Scott, PLLC","date_received":"2018-03-06T17:15:55.000Z","state":"GA","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["( b ) Any <em>person</em> who violates this <em>section</em> shall be liable to the same extent and in the same manner as a debt collector is liable under <em>section</em> 813 for failure to comply with a provision of this title."]},"sort":[9.90399,"2834306"]},{"_index":"complaint-public-v1","_id":"3161736","_score":9.830326,"_source":{"product":"Mortgage","complaint_what_happened":"Greetings, Well, after 3 mouths the facts have not been answered on this matter. I have sent Nation Star Mortgage documents of all facts on this issue. The fact that you have not rebutted proof of claim point by point. I will now inform you I'm of the age of Majority, of sound mind and competent to testify. The fact of the matter is I signed a promissory note for value and Nation star Mortgage has accepted the note as Legal Tender. All Promissory notes are a tender of payment of a obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. The promissory note under Title 7 CODE OF FEDERAL REGULATIONS 1951.15- Return of paid-in-full or satisfied notes to borrower. The notes will be returned to the borrower after the payment in full or execute an appropriate affidavit regarding the lost notes. I have requesting a affidavit of truth requesting that you produce my wet ink note which has been dis-honored. Code of federal regulations 1901.503 Definitions. ( 1 ) - ( 19 ) insurance of notes and 1901.508 Servicing of insured notes outstanding with investors. The holder will endorse the insured note as follows : \" Pay to the order of the United States of America. Without recourse ''. As the facts I have stated in our contract # XXXX Conditional Acceptance for the Value/Agreement/ Counter Offer to Acceptance of Offer. The Obligation 's of public debt of the United States of America is discharged though the banks. Nation star Mortgage Services has refused to answer my questions with detailed specific answers, we will presume that there is a concealment of material of facts and that the promissory note has been altered and stolen and that I provided the money that Nation star Mortgage claims have lent to me. If you claim that there is an agreement and a loan, then you must stop concealing material facts, answer my questions, and tell me if the promissory note was recorded as a loan from me to Nation Star or the Promissory note was stolen. According to my records, the promissory note was stolen or recorded as a loan from me to Nation Star and that Nation Star never paid one cent as adequate consideration to purchase the promissory note from me creating the economics similar to stealing, counterfeiting and swindling. I am now demanding that you either stop concealing material facts and answer my questions if you claim that there is an agreement or that you return the stolen promissory note. If you claim that the promissory note was a loan from me to Nation Star Mortgage, I demand that you immediately repay the loan by returning the promissory note and stop the damage to me. I am hereby offering to discharge the alleged debt provided that you give specific answers to my questions regarding the alleged debt and I will payoff or discharged the alleged debt using the same specie of funds or money or money equivalent that Nation Star Mortgage used to fund the alleged loan or similar instrument thus ending all liens and interests. One of the requirements of a negotiable instrument is that the instrument must be payable for a fixed amount of money. My question is, from your point of view according to your understanding of the agreement, is money deposited recorded as a bank asset or as a bank liability? Please list all forms of money or negotiable instruments you and Nation Star Mortgage are involved in, issuing the alleged loan, use as or like or as a substitute as money or credit used to fund checks or bank drafts. Specifically, did you or Nation Star Mortgage use my promissory as a bank asset which was offset by a bank liability? Specifically was my promissory note used to fund a check or bank draft? If my promissory note was used to fund a check, then I provided the money to fund the so called loan and you never lent me one cent of your money to purchase the note from me. Therefore, the economics are similar to stealing, counterfeiting and swindling against me, which I never agreed to and which is not part of the agreement. According to me if you used my promissory note to fund a check, you stole my promissory note or you recorded it as a loan from me to you and you still owe me money that you never lent me. Stealing changed the cost and the risk of the transaction. I want to know specifically did you intend to create the economics similar to stealing my promissory note as part of the agreement? Please answer yes or no. If you refuse to tell me, then we have fraud in the factum, which makes you no longer the holder in due course. No title passes with a theft. Since the promissory note is forged, and no good title passes with a forged document, you are not the holder. I demand that the stolen forged promissory note now be returned or you answer all of my questions in this notice and previous notices explaining the terms and conditions of the alleged agreement concerning the economics similar to stealing, counterfeiting and swindling. To be a holder in due course you must perform the following 3 deeds : 1. Purchase the promissory note from me. 2. Take the promissory note  in good faith using honesty, absence of malice and the absence of design to defraud or seek an unconscionable advantage ( See XXXX XXXX XXXX for good faith ) and 3. Have no notice of any defenses against payment of other claims on the promissory note. Nation Star Mortgage agreed to the following general terms and conditions of the loan agreement : 1. Nation Star Mortgage must use their money or credit as adequate consideration to purchase the agreement from me to repay the loan. 2. Nation Star Mortgage involved in the alleged loan did not accept anything of value from me that would be used to fund a check or similar instrument in approximately the amount of the alleged loan. 3. Nation Star Mortgage must follow Generally accepted accounting principles as required by CPA audit opinions. 4. The intent of the agreement is the party who funded the loan is to be repaid the money. 5. All material facts are to be disclosed in the writing agreement.6. The holder must repay the loan in the same specie of money or credit or thing of value the financial institution involved in the loan used to fund the loan check or similar instrument, thus ending all interest and liens. 7. The loan transaction does not create the economics similar to stealing, counterfeiting and swindling. The agreement that I entered into has the above seven elements in it. According to the bookkeeping entries, Nation Star Mortgage breached all seven basic elements of the agreement and Nation Star Mortgage and then concealed material facts of the agreement. I am demanding adequate assurance of due performance that the above seven elements are part of the loan agreement or I demand that the Nation Star Mortgage return a XXXX loan balance. \nThe question is Why you Can not produce the promissory note? Answer is because they are a bill of exchange, legal tender and used to discharge public debt. NOTICE OF MEMORANDUM OF LAW POINTS AND AUTHORITIES IN SUPPORT OF INTERNATIONAL BILL OF EXCHANGE Points and Authorities in Support of International Bills of Exchange or International Promissory Note Those who constitute an association nationwide of private, unincorporated persons engaged in the business of banking to issue notes against these obligations of the United States due them ; whose private property is at risk to collateralize the governments debt and currency, by legal definitions, a national banking association ; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as legal tender of payment for all debts public and private, and are defined in law as obligations of the United States, on the same par and category with Federal reserve notes and other currency and legal tender obligations. RE : Item tendered for Discharge of Debt. TENDER OF DEBT BY THE PEOPLE i.e. the SURETY IS AN OBLIGATION OF THE U.S. TREASURY ( The instrument tendered to whomever, and negotiated to the United States Treasury for settlement, is an Obligation of THE UNITED STATES, under Title 18USC Sect.8, representing, as the definition provides, a certificate of indebtedness .drawn upon an authorized officer of the United States , ( in this instance the Secretary of the Treasury ) issued under an Act of Congress ( see : public law 73-10, HJR-192 of 1933, Title 31 USC 3123 and 31 USC 5103 ) and by treaty ( see : UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE AND INTERNATIONAL PROMISSORY NOTES ( UNCITRAL ) and the Universal Postal Union headquartered in XXXX, XXXX ) . TITLE 18 & gt ; PART I & gt ; CHAPTER 1 & gt ; Sec. 1. & gt ; Sec. 8. Sec. 8. Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency,  Federal Reserve notes, Federal Reserve bank notes, coupons, United 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. The International Bill of Exchange is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition ( UCC 4-105, 12CFR Sec. 229.2, 210.2, 12 USC 1813 ), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender and is issued in accordance with 31 USC 3123 and HJR 192 ( 1933 ) which establish and provide for its issuance as Public Policy in remedy for discharge of equity  interest recovery on that portion of the public debt to its Principals and Sureties bearing the Obligations of THE UNITED STATES. This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to that portion of the public debt it is intended to reduce. During the financial crisis of the depression in XXXX, gold, silver and real money were removed as a foundation for our financial system. In its place the substance of the American citizenry : their real property, wealth, assets and productivity that belongs to them was, in effect, pledged by the government and placed at risk as the collateral for US debt, credit and currency for commerce to function. This is well documented in the actions of Congress and the President at that time and in the Congressional debates that preceded the adoption of the reorganizational measures : Senate Document No. 43, 73rd Congress, 1st Session, stated, Under the new law the money is issued to the banks in return for Government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances. The money will be worth XXXX cents on the debt because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the Nation. ( Which lawfully belongs to these private citizens. ) The National Debt is defined as mortgages on the wealth and income of the people of a country. ( XXXX XXXX, XXXX. ) Their wealth, their income. The reorganization is evidenced by : The Emergency Banking Act, XX/XX/XXXX, House Joint Resolution 192, XX/XX/XXXX XXXX public law 73-10 ) And the series of Executive Orders that surrounded them : 6073- Reopening of Banks. Embargo on Gold Payments and Exports, and Limitations on Foreign Exchange Transactions. XX/XX/XXXX 6111-Transactions in foreign exchange are permitted under Governmental Supervision. XX/XX/XXXX XXXX Forbidding the hoarding of gold coin, gold bullion and gold certificates. XX/XX/XXXX On XX/XX/XXXX, Congress had passed An Act to provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford a means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes. The Act is commonly known as the Federal Reserve Act. One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other securities which Federal reserve Banks are authorized to hold under Section 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in Section 14 ( a ) of the Act is defined : 1. Banking. Offer of stocks, bonds, or other assets owned by a party other than the borrower as collateral for a loan, without transferring title. If the borrower turns the property over to the lender who holds it for safekeeping, the action is referred to as a pledge. If the borrower retains possession, but gives the lender the right to sell the property in event of default, it is a true hypothecation. 2. Securities. The pledging of negotiable securities to collateralize a brokers margin loan. The broker pledges the same securities to a bank as collateral for a brokers loan, the process is referred to as re-hypothecation. [ XXXX XXXX XXXX XXXX, XXXX, pg. 228 ( XXXX ) ] As seen from the definitions, in hypothecation there is equitable risk to the actual owner. Section 16 of the current Federal Reserve Act, which is codified at 12 USC 411, declares that Federal Reserve Notes are obligations of the United States. So we see the full faith and credit of the United States, which is the substance of the American citizenry, their real property, wealth, assets and productivity that belongs to them, is thereby hypothecated and re-hypothecated by the United States to its obligations as well as to the Federal Reserve for the issuance and backing of Federal Reserve Notes, as legal tender, for all taxes, customs, and other public dues. TITLE 12 & gt ; CHAPTER 3 & gt ; SUBCHAPTER XII & gt ; Sec. 411. Sec. 411. Issuance to reserve banks ; nature of obligation ; redemption Federal Reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. The commerce and credit of the nation continues on today under financial reorganization ( Bankruptcy ) as it has since XXXX, still backed by the assets and wealth of the American citizenry, at risk for the governments obligations and currency. Under the 14th amendment and numerous Supreme Court precedents, as well as in equity, Private property can not be taken or pledged for public use without just compensation, or due process of law. \nI have signed the promissory note for value and they were accepted by Nation Star Mortgage as legal tender. I have also mailed XXXX/Nation Star Mortgage a Tender of payment Offering under the Federal Emergency Relief Act of XXXX. AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of XXXX Approved, XX/XX/XXXX ( Sec. 4. ( a ) ) \" The ownership of all property is in the state by virtue of the government \" Under the new law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, XX/XX/XXXX on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( XXXX XXXX, XXXX, ch. 6, 16 ( par. ), 38 Stat. 265 ; XXXX XXXX, XXXX, ch. 6, 2 ( b ) ( 1 ), 48 Stat. 337 ; XXXX XXXX, XXXX, ch. 614, title II, 203 ( a ), 49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. I have giving you instructions on my tender of payment. Nation Star Mortgage Kept the original GOVERNMENT OBLIGATIONs REMITTANCE COUPON. Which means that we are in a agreement that the debt is discharged. You have accepted the tender of payment. INTENTIONS : The above United States government obligations is hereby accepted and acknowledged and I do assign and pledge the total value of the obligation to the United States of America through the United States Department of the Treasury to be redeemed for value and receivable at the Federal Reserve, the Federal Reserve Bank, and/or any member bank and/or national Association as prescribed by statute ( the act of XX/XX/XXXX ; the act of XX/XX/XXXX ; 12 USC 411 ; 18 USC 8 ; and the intentions of the United States Congress concerning THE CURRENT SERIOUS NATIONAL EMERGENCY ). Discharging of Government Obligations Acct # XXXX Beneficial Interest Holder and Citizen of the United States of America \" Since XX/XX/XXXX, the United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. '' Senate Report 93-549, XX/XX/XXXX ; Public Law 94-112 - XX/XX/XXXX 7 CFR 1901.508 Servicing of insured notes outstanding with investors. ( i ) endorse the insured note as follows : Pay to the order of .. Without recourse. The holder will then deliver the endorsed note, to the Director, Finance Office. ( ii ) On receipt of the endorsed note the Director, Finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. The United States can not pledge or risk the property and wealth of its private citizens, for any government purpose, without legally providing them remedy to recover what is due them on their risk. This principle is so well established in English common law and in the history of American jurisprudence. The 14th amendment provides : no person shall be deprived ofproperty without due process of law. The Courts have long ruled to have ones property legally held as collateral or surety for a debt, even when he still owns it and still has it, is to deprive him of it since it is at risk and could be lost for the debt at any time. The United States Supreme Court said, in United States v. XXXX [ 13 Wall, 623, 627 ], Private property, the Constitution provides, shall not be taken for public use without just compensation. The right of subrogation is not founded on contract. It is a creature of equity ; is enforced solely for the purpose of accomplishing the ends of substantial justice ; and is independent of any contractual relations between the parties. XXXX XXXX XXXX XXXX XXXX XXXX v. XXXX, 120 U.S. 287, 301-302 ( XXXX ). The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as XXXX in XXXX v. XXXX XXXX. XXXX, 371 U.S. 132, when the Court said : sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise And probably there are few doctrines better established XXXX XXXX XXXX, 5th edition, defines surety : One who undertakes to pay or to do any other act in event that his principal fails therein. Everyone who incurs a liability in person or estate for the benefit of another, without sharing in the consideration, stands in the position of a surety. Constitutionally, and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk as collateral for its currency and credit, without legally providing them equitable remedy for recovery of what is due them. The United States government, of course, did not violate the law or the Constitution in this way in order to collateralize its financial reorganization, but did, in fact, provide such a legal remedy so that it has been able to continue on since XXXX to hypothecate the private wealth and assets of those classes of persons by whom it is owned, at risk backing the governments obligations and currency, by their implied consent, through the government having provided such remedy, as defined and codified above, for recovery of what is due them on their assets and wealth at risk. The provisions for this are found in the same act of Public Policy HJR-192, public law 73-10 that suspended the gold standard, abrogated the right to demand payment in gold, and made Federal Reserve notes for the first time legal tender, backed by the substance or credit of the nation. All US currency since that time is only credit against the real property, wealth and assets belonging to the private sovereign American people, taken and/or pledged by THE UNITED STATES to its secondary creditors as security for its obligations. Consequently, those backing the nations credit and currency could not recover what was due them by anything drawn on Federal Reserve notes without expanding their risk and obligation to themselves. Any recovery payments backed by this currency would only increase the public debt its citizens were collateral for, which an equitable remedy was intended to reduce, and in equity would not satisfy anything. And there was, as still, no longer actual money of substance to pay anybody. There are other serious limitations on our present system. Since the institution of these events, for practical purposes of commercial exchange, there has been no actual money in circulation by which debt owed from one party to another can actually be repaid. Federal Reserve Notes, although made legal tender for all debts public and private in the reorganization, can only discharge a debt. Debt must be paid with value or substance ( i.e. gold, silver, barter, labor, or a commodity ). For this reason HJR-192 ( 1933 ),  which established the public policy of our current monetary system, repeatedly uses the technical term of discharge in conjunction with payment in laying out public policy for the new system.","date_sent_to_company":"2019-02-24T21:44:18.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"43725","tags":"Servicemember","has_narrative":true,"complaint_id":"3161736","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2019-02-24T20:39:33.000Z","state":"OH","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other <em>securities</em> which Federal reserve Banks are authorized to hold under <em>Section</em> 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in <em>Section</em> 14 ( a ) of the Act is defined : 1. Banking."]},"sort":[9.830326,"3161736"]},{"_index":"complaint-public-v1","_id":"3171785","_score":9.802504,"_source":{"product":"Mortgage","complaint_what_happened":"TO USAA FEDERAL SAVINGS BANK BOARD OF DIRECTORS. REGARDING NOTE FOR XXXX ON XX/XX/XXXX AND CURRENT NOTE XXXX ON XX/XX/XXXX. PRODUCE THE NOTES. Greetings, Well, after 7 mouths the facts have not been answered on this matter. I have sent USAA FEDERAL SAVINGS BANK documents of all facts on this issue. The fact that you have not rebutted the proof of claim point by point. I will now inform you I'm of the age of Majority, of sound mind and competent to testify. The fact of the matter is I signed 4 promissory notes for value and USAA FEDERAL SAVINGS BANK has accepted the notes as Legal Tender. All Promissory notes are a tender of payment of a obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. The promissory notes under Title 7 CODE OF FEDERAL REGULATIONS 1951.15- Return of paid-in-full or satisfied notes to borrower. The notes will be returned to the borrower after the payment in full or execute an appropriate affidavit regarding the lost notes. I have requested a affidavit of truth, requesting that you produce my wet ink note and the satisfied note, which has been dis-honored. Code of federal regulations 1901.503 Definitions. ( 1 ) - ( 19 ) insurance of notes and 1901.508 Servicing of insured notes outstanding with investors. The holder will endorse the insured note as follows : \" Pay to the order of the United States of America. Without recourse ''. As the facts I have stated in our contract # XXXX Conditional Acceptance for the Value/Agreement/ Counter Offer to Acceptance of Offer. The Obligation 's of public debt of the United States of America is discharged though the banks. USAA FEDERAL SAVINGS BANK has refused to answer my questions with detailed specific answers, we will presume that there is a concealment of material of facts and that the promissory note has been altered and stolen and that I provided the money that USAA FEDERAL SAVINGS BANK claims have lent to me. If you claim that there is an agreement and a loan, then you must stop concealing material facts, answer my questions, and tell me if the promissory note was recorded as a loan from me to USAA FEDERAL SAVINGS BANK or the Promissory note was stolen. According to my records, the promissory note was stolen or recorded as a loan from me to USAA and that USAA never paid XXXX cent as adequate consideration to purchase the promissory note from me creating the economics similar to stealing, counterfeiting and swindling. I am now demanding that you either stop concealing material facts and answer my questions if you claim that there is an agreement or that you return the stolen promissory note. If you claim that the promissory note was a loan from me to USAA FEDERAL SAVINGS BANK, I demand that you immediately repay the loan by returning the promissory note and stop the damage to me. I am hereby offering to discharge the alleged debt provided that you give specific answers to my questions regarding the alleged debt and I will payoff or discharged the alleged debt using the same specie of funds or money or money equivalent that USAA FEDERAL SAVINGS BANK used to fund the alleged loan or similar instrument thus ending all liens and interests. One of the requirements of a negotiable instrument is that the instrument must be payable for a fixed amount of money. My question is, from your point of view according to your understanding of the agreement, is money deposited recorded as a bank asset or as a bank liability? Please list all forms of money or negotiable instruments you and USAA FEDERAL SAVINGS BANK are involved in, issuing the alleged loan, use as or like or as a substitute as money or credit used to fund checks or bank drafts. Specifically, did you or USAA FEDERAL SAVINGS BANK use my promissory as a bank asset which was offset by a bank liability? Specifically was my promissory note used to fund a check or bank draft? If my promissory note was used to fund a check, then I provided the money to fund the so called loan and you never lent me XXXX cent of your money to purchase the note from me. Therefore, the economics are similar to stealing, counterfeiting and swindling against me, which I never agreed to and which is not part of the agreement. According to me if you used my promissory note to fund a check, you stole my promissory note or you recorded it as a loan from me to you and you still owe me money that you never lent me. Stealing changed the cost and the risk of the transaction. I want to know specifically did you intend to create the economics similar to stealing my promissory note as part of the agreement? Please answer yes or no. If you refuse to tell me, then we have fraud in the factum, which makes you no longer the holder in due course. No title passes with a theft. Since the promissory note is forged, and no good title passes with a forged document, you are not the holder. I demand that the stolen forged promissory note now be returned or you answer all of my questions in this notice and previous notices explaining the terms and conditions of the alleged agreement concerning the economics similar to stealing, counterfeiting and swindling. To be a holder in due course you must perform the following 3 deeds : 1. Purchase the promissory note from me. 2. Take the promissory note in good faith using honesty, absence of malice and the absence of design to defraud or seek an unconscionable advantage ( See Blacks Law Dictionary for good faith ) and 3. Have no notice of any defenses against payment of other claims on the promissory note. USAA FEDERAL SAVINGS BANK agreed to the following general terms and conditions of the loan agreement : 1. USAA FDERAL SAVINGS BANK must use their money or credit as adequate consideration to purchase the agreement from me to repay the loan. 2. USAA FEDERAL SAVINGS BANK involved in the alleged loan did not accept anything of value from me that would be used to fund a check or similar instrument in approximately the amount of the alleged loan. 3. USAA FEDERAL SAVINGS BANK must follow Generally accepted accounting principles as required by CPA audit opinions. 4. The intent of the agreement is the party who funded the loan is to be repaid the money. 5. All material facts are to be disclosed in the writing agreement.6. The holder must repay the loan in the same specie of money or credit or thing of value the financial institution involved in the loan used to fund the loan check or similar instrument, thus ending all interest and liens. 7. The loan transaction does not create the economics similar to stealing, counterfeiting and swindling. The agreement that I entered into has the above seven elements in it. According to the bookkeeping entries, USAA FEDERAL SAVINGS BANK breached all seven basic elements of the agreement and USAA FEDERAL SAVINGS BANK and then concealed material facts of the agreement. I am demanding adequate assurance of due performance that the above seven elements are part of the loan agreement or I demand that the USAA FEDERAL SAVINGS BANK return a XXXX loan balance. The question is Why you Can not produce the promissory note? Answer is because they are a bill of exchange, legal tender and used to discharge public debt. NOTICE OF MEMORANDUM OF LAW POINTS AND AUTHORITIES IN SUPPORT OF INTERNATIONAL BILL OF EXCHANGE Points and Authorities in Support of International Bills of Exchange or International Promissory Note Those who constitute an association nationwide of private, unincorporated persons engaged in the business of banking to issue notes against these obligations of the United States due them ; whose private property is at risk to collateralize the governments debt and currency, by legal definitions, a national banking association ; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as legal tender of payment for all debts public and private, and are defined in law as obligations of the United States, on the same par and category with Federal reserve notes and other currency and legal tender obligations. RE : Item tendered for Discharge of Debt. TENDER OF DEBT BY THE PEOPLE i.e. the SURETY IS AN OBLIGATION OF THE U.S. TREASURY ( The instrument tendered to whomever, and negotiated to the  United States Treasury for settlement, is an Obligation of THE UNITED STATES, under Title 18USC Sect.8, representing, as the definition provides, a certificate of indebtedness .drawn upon an authorized officer of the United States , ( in this instance the Secretary of the Treasury ) issued under an Act of Congress ( see : public law 73-10, HJR-192 of 1933, Title 31 USC 3123 and 31 USC 5103 ) and by treaty ( see : UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE AND INTERNATIONAL PROMISSORY NOTES ( UNCITRAL ) and the XXXX XXXX XXXX headquartered in XXXX, XXXX ) . TITLE 18 & gt ; PART I & gt ; CHAPTER 1 & gt ; Sec. 1. & gt ; Sec. 8. Sec. 8. Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United 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. The International Bill of Exchange is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition ( UCC 4-105, 12CFR Sec. 229.2, 210.2, 12 USC 1813 ), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender and is issued in accordance with 31 USC 3123 and HJR 192 ( XXXX ) which establish and provide for its issuance as Public Policy in remedy for discharge of equity interest recovery on that portion of the public debt to its Principals and Sureties bearing the Obligations of THE UNITED STATES. This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to that portion of the public debt it is intended to reduce. During the financial crisis of the depression in XXXX, gold, silver and real money were removed as a foundation for our financial system. In its place the substance of the American citizenry : their real property, wealth, assets and productivity that belongs to them was, in effect, pledged by the government and placed at risk as the collateral for US debt, credit and currency for commerce to function. This is well documented in the actions of Congress and the President at that time and in the Congressional debates that preceded the adoption of the reorganizational measures : Senate Document No. 43, 73rd Congress, 1st Session, stated, Under the new law the money is issued to the banks in return for Government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances. The money will be worth XXXX cents on the debt because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the Nation. ( Which lawfully belongs to these private citizens. ) The National Debt is defined as mortgages on the wealth and income of the people of a country. ( XXXX XXXX, XXXX. ) Their wealth, their income. The reorganization is evidenced by : The Emergency Banking Act, XX/XX/XXXX, House Joint Resolution 192, XX/XX/XXXX ( public law 73-10 ) And the series of Executive Orders that surrounded them : 6073- Reopening of Banks. Embargo on Gold Payments and Exports, and Limitations on Foreign Exchange Transactions. XX/XX/XXXX 6111-Transactions in foreign exchange are permitted under Governmental Supervision. XX/XX/XXXX 6102 Forbidding the hoarding of gold coin, gold bullion and gold certificates. XX/XX/XXXX On XX/XX/XXXX, Congress had passed An Act to provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford a means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes. The Act is commonly known as the Federal Reserve Act. One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other securities which Federal reserve Banks are authorized to hold under Section 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in Section 14 ( a ) of the Act is defined : 1. Banking. Offer of stocks, bonds, or other assets owned by a party other than the borrower as collateral for a loan, without transferring title. If the borrower turns the property over to the lender who holds it for safekeeping, the action is referred to as a pledge. If the borrower retains possession, but gives the lender the right to sell the property in event of default, it is a true hypothecation. 2. Securities. The pledging of negotiable securities to collateralize a brokers margin loan. The broker pledges the same securities to a bank as collateral for a brokers loan, the process is referred to as re-hypothecation. [ Dictionary Of Banking Terms, Fitch, pg. 228 ( XXXX ) ] As seen from the definitions, in hypothecation there is equitable risk to the actual owner. Section 16 of the current Federal Reserve Act, which is codified at 12 USC 411, declares that Federal Reserve Notes are obligations of the United States. So we see the full faith and credit of the United States, which is the substance of the American citizenry, their real property, wealth, assets and productivity that belongs to them, is thereby hypothecated and re-hypothecated by the United States to its obligations as well as to the Federal Reserve for the issuance and backing of Federal Reserve Notes, as legal tender, for all taxes, customs, and other public dues. TITLE 12 & gt ; CHAPTER 3 & gt ; SUBCHAPTER XII & gt ; Sec. 411. Sec. 411. Issuance to reserve banks ; nature of obligation ; redemption Federal Reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. The commerce and credit of the nation continues on today under financial reorganization ( Bankruptcy ) as it has since XXXX, still backed by the assets and wealth of the American citizenry, at risk for the governments obligations and currency. Under the 14th amendment and numerous Supreme Court precedents, as well as in equity, Private property can not be taken or pledged for public use without just compensation, or due process of law. I have signed the promissory note for value and they were accepted by USAA FEDERAL SAVINGS BANK as legal tender. I have also mailed USAA FEDERAL SAVINGS BANK a Tender of payment Offering under the Federal Emergency Relief Act of XXXX. AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of XXXX Approved, XX/XX/XXXX ( Sec. 4. ( a ) ) \" The ownership of all property is in the state by virtue of the government \" Under the new law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, XX/XX/XXXX on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( Dec. 23, 1913, ch. 6, 16 ( par. ), 38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ), 48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ), 49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. I have giving you instructions on my tender of payment. USAA FEDERAL SAVINGS BANK Kept the original GOVERNMENT OBLIGATIONs REMITTANCE COUPON. Which means that we are in a agreement that the debt is discharged. You have accepted the tender of payment. INTENTIONS : The above United States government obligations is hereby accepted and acknowledged and I do assign and pledge the total value of the obligation to the United States of America through the United States Department of the Treasury to be redeemed for value and receivable at the Federal Reserve, the Federal Reserve Bank, and/or any member  bank and/or national Association as prescribed by statute ( the act ofXX/XX/XXXX ; the act of XX/XX/XXXX; 12 USC 411 ; 18 USC 8 ; and the intentions of the United States Congress concerning THE CURRENT SERIOUS NATIONAL EMERGENCY ). Discharging of Government Obligations Acct # 1803742129 Beneficial Interest Holder and Citizen of the United States of America \" Since XX/XX/XXXX, the United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. '' Senate Report 93-549, July 24, 1973 ; Public Law 94-112 - XX/XX/XXXX 7 CFR 1901.508 Servicing of insured notes outstanding with investors. ( i ) endorse the insured note as follows : Pay to the order of .. Without recourse. The holder will then deliver the endorsed note, to the XXXXirector, Finance Office. ( ii ) On receipt of the endorsed note the Director, Finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. The United States can not pledge or risk the property and wealth of its private citizens, for any government purpose, without legally providing them remedy to recover what is due them on their risk. This principle is so well established in English common law and in the history of American jurisprudence. The 14th amendment provides : no person shall be deprived ofproperty without due process of law. The Courts have long ruled to have ones property legally held as collateral or surety for a debt, even when he still owns it and still has it, is to deprive him of it since it is at risk and could be lost for the debt at any time. The United States Supreme Court said, in United States v. XXXX [ 13 Wall, 623, 627 ], Private property, the Constitution provides, shall not be taken for public use without just compensation. The right of subrogation is not founded on contract. It is a creature of equity ; is enforced solely for the purpose of accomplishing the ends of substantial justice ; and is independent of any contractual  relations between the parties. XXXX & L. R. R. Co. v. Dow, 120 U.S. 287, 301-302 ( 1887 ). The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as XXXX in XXXX v. XXXX XXXX. XXXX, 371 U.S. 132, when the Court said : sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise And probably there are few doctrines better established Blacks Law Dictionary, 5th edition, defines surety : One who undertakes to pay or to do any other act in event that his principal fails therein. Everyone who incurs a liability in person or estate for the benefit of another, without sharing in the consideration, stands in the position of a surety. Constitutionally, and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk as collateral for its currency and credit, without legally providing them equitable remedy for recovery of what is due them. The United States government, of course, did not violate the law or the Constitution in this way in order to collateralize its financial reorganization, but did, in fact, provide such a legal remedy so that it has been able to continue on since XXXX to hypothecate the private wealth and assets of those classes of persons by whom it is owned, at risk backing the governments obligations and currency, by their implied consent, through the government having provided such remedy, as defined and codified above, for recovery of what is due them on their assets and wealth at risk. The provisions for this are found in the same act of Public Policy HJR-192, public law 73-10 that suspended the gold standard, abrogated the right to demand payment in gold, and made Federal Reserve notes for the first time legal tender, backed by the substance or credit of the nation. All US currency since that time is only credit against the real property, wealth and assets belonging to the private sovereign American people, taken and/or pledged by THE UNITED STATES to its secondary creditors as security for its obligations. Consequently, those backing the nations credit and currency could not recover what was due them by anything drawn on Federal Reserve notes without expanding their risk and obligation to themselves. Any recovery payments backed by this currency would only increase the public debt its citizens were collateral for, which an equitable remedy was intended to reduce, and in equity would not satisfy anything. And there was, as still, no longer actual money of substance to pay anybody. There are other serious limitations on our present system. Since the institution of these events, for practical purposes of commercial exchange, there has been no actual money in circulation by which debt owed from one party to another can actually be repaid. Federal Reserve Notes, although made legal tender for all debts public and private in the reorganization, can only discharge a debt. Debt must be paid with value or substance ( i.e. gold, silver, barter, labor, or a commodity ). For this reason HJR-192 ( XXXX ), which established the public policy of our current monetary system, repeatedly uses the technical term of discharge in conjunction with payment in laying out public policy for the new system.","date_sent_to_company":"2019-03-06T23:32:01.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"43725","tags":"Servicemember","has_narrative":true,"complaint_id":"3171785","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"UNITED SERVICES AUTOMOBILE ASSOCIATION","date_received":"2019-03-06T22:37:54.000Z","state":"OH","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other <em>securities</em> which Federal reserve Banks are authorized to hold under <em>Section</em> 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in <em>Section</em> 14 ( a ) of the Act is defined : 1. Banking."]},"sort":[9.802504,"3171785"]},{"_index":"complaint-public-v1","_id":"3160282","_score":9.802504,"_source":{"product":"Mortgage","complaint_what_happened":"Greetings, Well, after 6 mouths the facts have not been answered on this matter. I have sent PHH Mortgage Services documents of all facts on this issue. The fact that you have not rebutted proof of claim point by point. I will now inform you I'm of the age of XXXX, of sound mind and competent to testify. The fact of the matter is I signed 2 promissory notes for value and PHH Mortgage Services has accepted these notes as Legal Tender. All of these Promissory notes are a tender of payment of a  obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. The two promissory notes under Title 7 CODE OF FEDERAL REGULATIONS 1951.15- Return of paid-in-full or satisfied notes to borrower. The notes will be returned to the borrower after the payment in full or execute an appropriate affidavit regarding the lost notes. I have requesting the return of these notes which are satisfied. The Code of federal regulations 1901.503 Definitions. ( 1 ) - ( 19 ) insurance of notes and 1901.508 ( i ) Servicing of insured notes outstanding with investors. The holder will endorse the insured note as follows : \" Pay to the order of the United States of America. Without recourse ''. Title 7 CFR 1901.508 ( ii ) On receipt of the note with the accompanying insurance agreement, the director, finance Office, will  acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. As the facts I have stated in our contract # XXXX Conditional Acceptance for the Value/Agreement/ Counter Offer to Acceptance of Offer. The Obligation 's of public debt of the United States of America is discharged though the banks. PHH Mortgage Services has refused to answer my questions with detailed specific answers, we will presume that there is a concealment of material of facts and that the promissory notes has been altered and stolen and that I provided the money that PHH Mortgage Services claims have lent to me. If you claim that there is an agreement and a loan, then you must stop concealing material facts, answer my questions, and tell me if the promissory notes was recorded as a loan from me to PHH Mortgage Services or the Promissory notes was stolen. According to my records, the promissory notes was stolen or recorded as a loan from me to PHH Mortgage Services and that PHH Mortgage Services never paid XXXX XXXX as adequate consideration to purchase the promissory note from me creating the economics similar to stealing, counterfeiting and swindling. I am now demanding that you either stop concealing material facts and answer my questions if you claim that there is an agreement or that you return the stolen promissory notes. If you claim that the promissory notes was a loan from me to PHH Mortgage Services, I demand that you immediately repay the loan by returning the promissory notes and stop the damage to me. I would like to know why XXXX XXXX signed my note pay to the order of herself XXXX XXXX  XXXX ASSISTANT VICE PRESIDENT. One of the requirements of a negotiable instrument is that the instrument must be payable for a fixed amount of money. My question is, from your point of view according to your understanding of the agreement, is money deposited recorded as a bank asset or as a bank liability? Please list all forms of money or negotiable instruments you and PHH Mortgage Services are involved in, issuing the alleged loan, use as or like or as a substitute as money or credit used to fund checks or bank drafts. Specifically, did you or PHH Mortgage  Services use my promissory as a bank asset which was offset by a bank liability? Specifically was my promissory notes used to fund a check or bank draft? If my promissory notes was used to fund a check, then I provided the money to fund the so called loan and you never lent me one cent of your money to purchase the notes from me. Therefore, the economics are similar to stealing, counterfeiting and swindling against me, which I never agreed to and which is not part of the agreement. According to me if you used my promissory notes to fund a check, you stole my promissory notes or you recorded it as a loan from me to you and you still owe me money that you never lent me. Stealing changed the cost and the risk of the transaction. I want to know specifically did you intend to create the economics similar to stealing my promissory notes as part of the agreement? Please answer yes or no. If you refuse to tell me, then we have fraud in the factum, which makes you no longer the holder in due course. No title passes with a theft. Since the promissory note is forged, and no good title passes with a forged document, you are not the holder. I demand that the stolen forged promissory notes now be returned or you answer all of my questions in this notice and previous notices explaining the terms and conditions of the alleged agreement concerning the economics similar to stealing, counterfeiting and swindling. To be a holder in due course you must perform the following 3 deeds : 1. Purchase the promissory notes from me. 2. Take the promissory notes in good faith using honesty, absence of malice and the absence of design to defraud or seek an unconscionable advantage ( See XXXX Law Dictionary for good faith ) and 3. Have no notice of any defenses against payment of other claims on the promissory note. PHH Mortgage Services agreed to the following general terms and conditions of the loan agreement : 1. PHH Mortgage Services must use their money or credit as adequate consideration to purchase the agreement from me to repay the loan. 2. PHH Mortgage Services involved in the alleged loan did not accept anything of value from me that would be used to fund a check or similar instrument in approximately the amount of the alleged loan. 3. PHH Mortgage Services must follow Generally accepted accounting principles as required by CPA audit opinions. 4. The intent of the agreement is the party who funded the loan is to be repaid the money. 5.  All material facts are to be disclosed in the writing agreement.6. The  holder must repay the loan in the same specie of money or credit or thing of value the financial institution involved in the loan used to fund the loan check or similar instrument, thus ending all interest and liens. 7. The loan transaction does not create the economics similar to stealing, counterfeiting and swindling. The agreement that I entered into has the above seven elements in it. According to the bookkeeping entries, PHH Mortgage Services breached all seven basic elements of the agreement and PHH Mortgage Servives and then concealed material facts of the agreement. I am demanding adequate assurance of due performance that the above seven elements are part of the loan agreement or I demand that the PHH Mortgage Services refund the value of the notes. The question is Why you Can not produce the promissory notes? Answer is because they are a bill of exchange, legal tender and used to discharge public debt. NOTICE OF MEMORANDUM OF LAW POINTS AND AUTHORITIES IN SUPPORT OF INTERNATIONAL BILL OF EXCHANGE Points and Authorities in Support of International Bills of Exchange or International Promissory Notes Those who constitute an association nationwide of private, unincorporated persons engaged in the business of banking to issue notes against these obligations of the United States due them ; whose private property is at risk to collateralize the governments debt and currency, by legal definitions, a national banking association ; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as legal tender of payment for all debts public and private, and are defined in law as obligations of the United States, on the same par and category with Federal reserve notes and other currency and legal tender obligations. RE : Item tendered for Discharge of Debt. TENDER OF DEBT BY THE PEOPLE i.e. the SURETY IS AN OBLIGATION OF THE U.S. TREASURY ( The instrument tendered to whomever, and negotiated to the United States Treasury for settlement, is an Obligation of THE UNITED STATES, under Title 18USC Sect.8, representing, as the definition provides, a certificate of  indebtedness .drawn upon an authorized officer of the United States , ( in this instance the Secretary of the Treasury ) issued under an Act of Congress ( see : public law 73-10, HJR-192 of 1933, Title 31 USC 3123 and 31 USC 5103 ) and by treaty ( see : UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE AND INTERNATIONAL PROMISSORY NOTES ( UNCITRAL ) and the Universal Postal Union headquartered in Bern, Switzerland ) . TITLE 18 & gt ; PART I & gt ; CHAPTER 1 & gt ; Sec. 1. & gt ; Sec. 8. Sec. 8.  Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United 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. The International Bill of Exchange is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition ( UCC 4-105, 12CFR Sec. 229.2, 210.2, 12 USC 1813 ), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender and is issued in accordance with 31 USC 3123 and HJR 192 ( 1933 ) which establish and provide for its issuance as Public Policy in  remedy for discharge of equity interest recovery on that portion of the public debt to its Principals and Sureties bearing the Obligations of THE UNITED STATES. This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to that portion of the public debt it is intended to reduce. During the financial crisis of the depression in XX/XX/XXXX, gold, silver and real money were removed as a foundation for our financial system. In its place the substance of the American citizenry : their real property, wealth, assets and productivity that belongs to them was, in effect, pledged by the government and placed at risk as the collateral for US debt, credit and currency for commerce to function. This is well documented in the actions of Congress and the President at that time and in the Congressional debates that preceded the adoption of the reorganizational measures : Senate Document No. 43, 73rd Congress, 1st Session, stated, Under the new law the money is issued to the banks in return for Government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances. The money will be worth XXXX cents on the debt because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the Nation. ( Which lawfully belongs to these private citizens. ) The National Debt is defined as mortgages on the wealth and income of the people of a country. ( Encyclopedia XXXX, XX/XX/XXXX. ) Their wealth, their income. The reorganization is evidenced by : The Emergency Banking Act, XX/XX/XXXX, House Joint Resolution XXXX, XX/XX/XXXX ( public law 73-10 )  And the series of Executive Orders that surrounded them : XXXX Reopening of Banks. Embargo on Gold Payments and Exports, and Limitations on Foreign Exchange Transactions. XX/XX/XXXX 6111-Transactions in foreign exchange are permitted under Governmental Supervision. XX/XX/XXXX 6102 Forbidding the hoarding of gold coin, gold bullion and gold certificates. XX/XX/XXXX On XX/XX/XXXX, Congress had passed An Act to provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford a means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes. The Act is  commonly known as the Federal Reserve Act. One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other securities which Federal reserve Banks are authorized to hold under Section 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in Section 14 ( a ) of the Act is defined : 1. Banking. Offer of stocks, bonds, or other assets owned by a party other than the borrower as collateral for a loan, without transferring title. If the borrower turns the property over to the lender who holds it for safekeeping, the action is referred to as a pledge. If the borrower retains possession, but gives the lender the right to sell the property in event of default, it is a true hypothecation. 2. Securities. The pledging of negotiable securities to collateralize a brokers margin loan. The broker pledges the same securities to a bank as collateral for a brokers loan, the process is referred to as re-hypothecation. [ Dictionary Of Banking Terms, XXXX, pg. XXXX ( XX/XX/XXXX ) ] As seen from the definitions, in hypothecation there is equitable risk to the actual owner. Section 16 of the current Federal  Reserve Act, which is codified at 12 USC 411, declares that Federal Reserve Notes are obligations of the United States. So we see the full faith and credit of the United States, which is the substance of the American citizenry, their real property, wealth, assets and productivity that belongs to them, is thereby hypothecated and re-hypothecated by the United States to its obligations as well as to the Federal Reserve for the issuance and backing of Federal Reserve Notes, as legal tender, for all taxes, customs, and other public dues. TITLE 12 & gt ; CHAPTER 3 & gt ; SUBCHAPTER XII & gt ; Sec. 411. Sec. 411. Issuance to reserve banks ; nature of obligation ; redemption Federal Reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. The commerce and credit of the nation continues on today under financial reorganization ( Bankruptcy ) as it has since XX/XX/XXXX, still backed by the assets and wealth of the American citizenry, at risk for the governments obligations and currency. Under the 14th amendment and numerous Supreme Court precedents, as well as in equity, Private property can not be taken or pledged for public use without just compensation, or due process of law .The company did what they said they would do with my complaintNoADDITIONAL COMMENTS I have signed four promissory notes for value and they were accepted by XXXX  as legal tender. I have also mailed XXXX/XXXX  XXXX XXXX a Tender of payment Offering under the Federal Emergency Relief Act of XXXX. AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of XX/XX/XXXX Approved, XX/XX/XXXX ( Sec. 4. ( a ) ) \" The ownership of all property is in the state by virtue of the government \" Under the new law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, XX/XX/XXXX on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank. 12 U.S. Code 411 -  Issuance to reserve banks ; nature of obligation ; redemption ( XX/XX/XXXX, ch. 6, 16 ( par. ), 38 Stat. 265 ; XX/XX/XXXX, ch. 6, 2 ( b ) ( 1 ), 48 Stat. 337 ; XX/XX/XXXX, ch. 614, title II, 203 ( a ), 49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OHIO XXXX GOVERNMENT OBLIGATIONs REMITTANCE COUPON Pay and Pledged To the Order of : XXXX XXXX XXXX XXXX  ; Without recourse Amount of Obligation : ________________________________________________________________________ INTENTIONS : The above United States government obligations is hereby accepted and acknowledged and I do assign and pledge the total value of the obligation to the United States of America through the United States Department of the Treasury to be redeemed for value and receivable at the Federal Reserve, the Federal Reserve Bank, and/or any  member bank and/or national Association as prescribed by statute ( the act of XX/XX/XXXX ; the act of XX/XX/XXXX ; 12 USC 411 ; 18 USC 8 ; and the intentions of the United States Congress concerning THE CURRENT SERIOUS NATIONAL EMERGENCY ). Memo : Discharging of Government Obligations Acct # XXXX x__________________________________ Beneficial Interest Holder and Citizen of the United States of America `` Since XX/XX/XXXX, the  United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. '' Senate Report XXXX, XX/XX/XXXX ; Public Law 94-112 - XX/XX/XXXX XXXX CFR 1901.508 Servicing of insured notes outstanding with investors. ( i ) endorse the insured note as follows : Pay to the order of .. Without recourse. The holder will then deliver the endorsed note, to the Director, Finance Office. ( ii ) On receipt of the endorsed note the Director, Finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. The United States can not pledge or risk the property and wealth of its private citizens, for any government purpose, without legally providing them remedy to recover what is due them on their risk. This principle is so well established in English common law and in the history of American jurisprudence. The 14th amendment provides : no person shall be deprived ofproperty without due process of law. The Courts have long ruled to have ones property legally held as collateral or surety for a debt, even when he still owns it and still has it, is to deprive him of it since it is at risk and could be lost for the debt at any time. The United States Supreme Court said, in United States v. XXXX [ XXXX XXXX, XXXX, XXXX ], Private property, the Constitution provides, shall not be taken for public use without just compensation. The right of subrogation is not founded on contract. It is a creature of equity ; is enforced solely for the purpose of accomplishing the ends of substantial justice ; and is independent of any contractual relations between the parties. XXXX XXXX XXXX XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX ).  The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as XXXX in XXXX v. XXXX XXXX. XXXX, XXXX XXXX XXXX, when the Court said : sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise And probably there are few doctrines better established XXXX Law Dictionary, 5th edition, defines surety : One who undertakes to pay or to do any other act in event that his principal fails therein. Everyone who incurs a liability in person or estate for the benefit of another, without sharing in the consideration, stands in the position of a surety. Constitutionally, and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk as collateral for its currency and credit, without legally providing them equitable remedy for recovery of what is due them. The United States government, of course, did not violate the law or the Constitution in this way in order to collateralize its financial reorganization, but did, in fact, provide such a legal remedy so that it has been able to continue on since XXXX to hypothecate the private wealth and assets of those classes of persons by whom it is owned, at risk backing the governments obligations and currency, by their implied consent, through the government having provided such remedy, as defined and codified above, for recovery of what is due them on their assets and wealth at risk. The provisions for this are found in the same act of Public Policy HJR-192, public law 73-10 that suspended the gold standard, abrogated the right to demand payment in gold, and made Federal Reserve notes for the first time legal tender, backed by the substance or credit of the nation. All US currency since  that time is only credit against the real property, wealth and assets belonging to the private sovereign American people, taken and/or pledged by THE UNITED STATES to its secondary creditors as security for its obligations. Consequently, those backing the nations credit and currency could not recover what was due them by anything drawn on Federal Reserve notes without expanding their risk and obligation to themselves. Any recovery payments backed by this currency would only increase the public debt its citizens were collateral for, which an equitable remedy was intended to reduce, and in equity would not satisfy anything. And there was, as still, no longer actual money of substance to pay anybody. There are other serious limitations on our present system. Since the institution of these events, for practical purposes of commercial exchange, there has been no actual money in circulation by which debt owed from one party to another can actually be repaid. Federal Reserve Notes, although made legal tender for all debts public and private in the reorganization, can only discharge a debt. Debt must be paid with value or substance ( i.e. gold, silver, barter, labor, or a commodity ). For this reason HJR-192 ( 1933 ), which established the public policy of our current monetary system, repeatedly uses the technical term of discharge in conjunction with payment in laying out public policy for the new system.","date_sent_to_company":"2019-02-22T21:10:22.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"43725","tags":"Servicemember","has_narrative":true,"complaint_id":"3160282","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PHH Mortgage Services Corporation","date_received":"2019-02-22T20:27:57.000Z","state":"OH","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other <em>securities</em> which Federal reserve Banks are authorized to hold under <em>Section</em> 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in <em>Section</em> 14 ( a ) of the Act is defined : 1. Banking."]},"sort":[9.802504,"3160282"]},{"_index":"complaint-public-v1","_id":"5728635","_score":9.40056,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Affiant transaction was financed by Westlake, and XXXX assigned the \" XXXX '', which was afterwards referred to as Consumer Credit Contract, to \" Westlake '' XXXX, who works as a sales representative for \" XXXX, gave the affiant false and misleading information about the transaction after the affiant questioned the nature of the documents and charges involved, and failed to disclose the mandatory disclosures under \" TILA on how much affiant would be spending on credit and receiving the Loan Approval Disclosure, which provides information about the specific loan 's rate, fees, and terms, as well as an estimate of how much affiant would repay over time. '' This gives the Affiant 30 days to accept the loan. The Loan Consummation Disclosure, which includes a notice concerning Affiant 's right to terminate the loan within three days, should have been sent to \" Affiant ''. The lender can then disburse the monies.\n\nIn addition, \" Westlake '' became \" creditors '' under the FDCPA with respect to loans they created, acquired, or purchased, 15 U.S.C. 1692a ( 4 ), and \" Westlake '' became \" debt collectors '' within the meaning of the FDCPA when Westlake '' contacted me. The documents contained inside the correspondences after requesting debt validation and getting correspondences from \" Westlake '' according to debt validation were statements and the \" XXXX, '' \" which had been altered from the original document and featured a forged signature. \n\nSection 807 of the FDCPA, 15 U.S.C. 1692e, prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. Section 807 ( 5 ) of the FDCPA, 15 U.S.C.\n\n1692e ( 5 ), specifically prohibits threatening to take any action that can not legally be taken or is not intended to be taken which Westlake Actions shows they have violated the FDCPA Because the Act imposes strict liability, a consumer need not show intentional conduct by the debt collector to be entitled to damages. '' Russell v. Equifax A.R.S, 74 F. 3d 30, 33-34 ( 2nd Cir. 1996 ). \n\nWestlake dishonoredAffiant Cease and desist and debt validation which resulted in violation of 15 U.S. Code 1692g On XX/XX/XXXX, at \" XXXX, XXXX, an employee of \" XXXX, '' directed the \" Affiant '' to make false statements to \" Westlake, '' with the statements being \" Tell the bank you have possession of the Car, '' as if it would benefit the Affiant. As cited, Untrue statements amount to constructive fraud. Thompson v. Houston, 135 P.2d 834 : 17 Wash 457. \n\nXXXX and Westlake were in possession, and improper use of XXXX XXXX 's private information on XX/XX/XXXX where there is a police report. \n\nFact : It was a credit application created by an unknown source at XXXX XXXX EDT and printed at XXXX XXXX EDT that contained XXXX XXXXXXXX XXXX private information and contained Source : XXXX XXXXXXXX ( XX/XX/XXXX ) XXXX XXXX at the bottom of the credit application, and she wasn't present at \" XXXX  '' to authorize anyone to have or use her private information because she wasn't present there to authorize anyone to have or use her private information And after they improperly used her private information, she became aware and contacted the \" Affiant '', expressing her outrage and emotional distress over her personal information being used without her consent and knowledge. The \" Affiant '' explained that \" XXXX  '' unlawfully ran her consumer report, and then the \" Affiant '' informed \" XXXX '' that XXXX XXXX was aware of \" XXXXXXXX XXXX  '' unlawful use of her private information. and a finance manager communicated with XXXX XXXX to clarify that I did not give them any of her personal information and to apologize for unlawfully using and possessing her private information. \n\n\" Westlake '' failed to provide factual documentation to \" Affiant '' in response to \" Affiant 's '' request for debt validation by sending an altered document with a forged signature on the note and no signature at the bottom of the page, despite the fact that the original document had a signature line at the bottom. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. See Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P. 936 ( XXXX ), GE Capital Hawaii , Inc. v. Yonenaka 25 P. 3d 807, 96, Hawaii 32, ( Hawaii App XXXX ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr . 371, ( Conn. Super. XXXX ), Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A. 2d 1218, 201 Conn. I ( XXXX ), and Solon V. Godbole, 163 III. App. 3d 845, 114 I11. Dec. 890, 516 N.E. 2d 1045 ( 3Dist. XXXX ). \n\nAnd after receiving a alter document \" Affiant '' begin to question the nature of the transaction and along with who is the holder of the note and upon asking questions and filing a complaint \" Affiant '' got a response from XXXX XXXX who is employed as Director of Compliance of Westlake that XXXX is the holder of the Original Note and as of today, XXXX nor Westlake have not provided such proof. \n\nWestlake failed to provide Affiant with factual documentary evidence concerning this alleged loan, we have fraud in the inducement which means Westlake are no longer the holder and as a result of the fraudulent nature of transaction all payments paid to Westlake are deem Extortion payments And since XXXX presented Affiant false misrepresentation and directing \" Affiant '' to give false statements to help the deal be successful and XXXX receiving a unjust financial gain therefore all property and monies paid to XXXX are deemed Extortion payments Westlake nor XXXX is not the holder because the promissory note is forged, and a forged document has legal consequences. \n\nWestlake and XXXX undoubtedly intended to include economics similar to stealing my promissory note as part of the agreement. \n\nFurthermore Constructive fraud comprises all acts, omissions, and concealments involving breach of legal or equitable duty, trust, or confidence which resulted in damage to another. Re XXXX 's XXXX, XXXX XXXX XXXX. \n\nMoreover, Fraud is defined as deceit, deception, artifice, or trickery operating prejudicially on the rights of another, and so intended, by inducing him to part with property or surrender some legal right. Also, anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of the truth or other device contrary to the plain rules of common honesty. 23 Am J2d, Fraud, Section 2.\n\nFraud in the inducement occurs when a person tricks another person into signing an agreement to ones disadvantage by using fraudulent statements and representations. Because fraud negates the meeting of the minds required of a contract, the injured party can seek damages or terminate the contract. \n\nUnder Texas law, a claim for fraudulent inducement must show that the defendant made a material misrepresentation, which one knew was false or without knowledge of its truth, and intended the inducement to cause reliance by the injured party. \n\n\" XXXX  '' provided a false and deceptive form, referring to it as a \" XXXX '' and then referring to it as a \" CONSUMER CREDIT CONTRACT '' with a Statement - ( ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSET AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID THE THE DEBTOR HEREUNDER ) So, by naming it \" XXXX '' rather than \" CONSUMER CREDIT CONTRACT, '' \" XXXX '' intentionally or unintentionally intended to conceal the true nature and title of the document. \n\nAnd as action shown by XXXX and Westlake seems to be deemed as Fraud in the inducement due to fraudulent statements and but not limited to material misrepresentation.\n\nIf all allegations remained uncontested. In whereas stated Uncontested allegations of fact in affidavit must be accepted as true Morris v. National Cash Register Co., 44 S.W.2d 433. Moreover Statements in affidavits that are not rebutted by the opposing party 's affidavit or pleadings may be accepted as true by the trial court. Winsett v. Donaldson ( Mich 1976 244 N.W.2d 355. \n\nRegarding a issue that occurred XX/XX/XXXX, Affiant attempted to resolve a matter within good faith with the used car department sales manager at XXXX to inform him of the severe problem thatAffiant am facing in regards to a notice that Affiant sent to XXXX on XX/XX/XXXX which went ignored. Furthermore, Affiant notified the sales manager at around XXXX on XX/XX/XXXX that Affiant is aware of the fraudulent transaction and breach of agreement. During this transaction Affiant did not receive full, adequate disclosures of the mutual agreement which took place on XX/XX/XXXX at XXXX XXXX.Affiant was never informed about my formal right to rescind the transaction, and while trying to explain my situation, the sales manager rudely spoke over me and advised that Affiant should call the corporate office further stating that its not the sales manager 's problem before hanging up. The sales manager failed to provide me with the necessary information to handle this situation appropriately so Affiantcalled back at XXXX XXXX  and spoke to a sales rep by the name of XXXX, in the new car sales department. Affiant then informed XXXX about the situation and expressed that I needed to speak to someone in charge. He said the managers were in a meeting and proceeded by transferring me to a customer relations specialist by the name of XXXX. Affiant attempted to inform XXXX of the situation and XXXX was incompetent. XXXX didnt fully grasp how Affiant was harmed by the agreement. She assumed that nothing was wrong with the agreement and Affiant further informed her about previous correspondence to XXXX. Affiant then explained how he received an altered document. And with XXXX Not helping resolve the issue it didnt do anything but cause emotional distress and an eruption in the Affiants livelihood after becoming aware that the Affiant has been a victim of a fraudulent transaction. \n\nAfter communicating with XXXX XXXX and informing him of the situation, the Affiant was contacted by XXXX XXXX, who works for \" XXXX '' as a XXXX. After communicating with XXXX XXXX and informing him of the situation, he gave the impression that he was going to help the Affiant, but instead left the Affiant with more worry and unanswered questions that did not benefit or help the affiant in any way. \n\nThe contract was a mutual agreement, and mutual agreements can not exist without full disclosure. As a result, there has been a breach of contract. There is no bona fide signature on the note, the note is forged, the note was stolen, and the value of the stolen property was returned as a loan, in breach of the contract. \n\nThe collateral was not sold at a commercially reasonable price such as the car, was repossessed and sold at a private auction at less than a fair market value XXXX '' and Westlake '' are in violation of the duty of good faith and fair dealing. Due to the parties acting collectively acted in bad faith in its interactions with me. \n\nThe contract is an unfair and deceptive contract with the XXXX and Westlake, the contract was unfair and should not be enforced by the court. \n\n\" Affiant '' encountered difficulties at work as a result of \" Westlake '' calls disrupting \" Affiant '' production and resulting in a loss of Affiant clients. As a result, the affiant lost a substantial amount of wages, clients, and property. \n\nBecause the activities in this transaction involving the parties listed above, as well as the actions taken by \" XXXX '' and \" Westlake, '' constitute bank fraud because they include credits, securities, and assets, according to 18 U.S. Code 1344 - Bank fraud : Whoever knowingly executes, or attempts to execute, a scheme or artifice ( 1 ) to defraud a financial institution; or ( 2 ) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises ; shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. \n\nThe rules for federal bank fraud sentencing and punishment are harsh. If found guilty of this felony in federal court, \" XXXX '' and \" Westlake '' could face a term of up to 30 years in federal prison and fines of up to XXXX XXXX dollars. Furthermore because it involves the nation 's financial institutions, bank fraud is a white-collar crime that is frequently prosecuted at the federal level.. \n\nPursuant to 18 USC 891 to extend credit means to make or renew any loan, or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred and to collect an extension of credit means to induce in any way any person to make repayment thereof which plaintiff actions can be possible allegations of 18 USC 894 That Affiant 's revocation of signature constitutes a recession of signature. Thus, the contract no longer exists.XXXX XXXX of XX/XX/XXXX at XXXX. \n\nIn contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. And as shown XXXX and Westlake actions were a scheme to defraud me as show by them adding the down payment to the total sales price causing the price to increase instead of being credited to the price of the vehicle and with the misrepresentation of the transaction no reasonable person would be able to know the true price of the car based off the numbers imprinted on the contract and thru the false advertisement of a price that they did not intend to uphold in good faith. \n\nAffiant hereby revokes and makes void all signatures for cause pursuant to UCC 3-501. XXXX XXXX  of XX/XX/XXXX at XXXX. \n\nNow Affiant is formally and timely removing the aforementioned signature ( s ) for all time and removing any nexus that Westlake may presume to have over Affiant by virtue of said signature ( s ).\n\nAlso failed to disclose to me the true cost of credit which\nis causing damage to our National Economy. Every contract must h\n\nave six elements in order to be legally binding. If any one of the elements is missing, then there is no legally binding contract : 1. Offer by a person qualified to make the contract.\n\n2. Acceptance by a party qualified to make and accept the contract.\n\n3. Agreements, full disclosure, and complete understanding by both parties.\n\n4.Consideration given.\n\n5. Every contract must have the element of time to make it lawful.\n\n6. All parties must be of lawful age I would have not entered into that agreement if I knew that the XXXX  XXXX XXXX XXXX actions were in direct violation of Federal Law surrounding Consumer Credit transactions. It is a well established principle of law that fraud has no statute of limitation, and that its presence vitiates any and every contract or agreement. I demand your bank cancel our agreement and return all property and monies of my labor plus all interest I have ever paid to you for the duration of the agreement. \n\nI thank you and advance for your cooperation. \n\nFurther Affiant sayeth not","date_sent_to_company":"2022-07-02T05:40:51.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"75043","tags":null,"has_narrative":true,"complaint_id":"5728635","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Westlake Services, LLC","date_received":"2022-07-02T05:11:47.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["Also, anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of the truth or other device contrary to the plain rules of common honesty. 23 Am J2d, Fraud, <em>Section</em> 2.\n\nFraud in the inducement occurs when a <em>person</em> tricks another <em>person</em> into signing an agreement to ones disadvantage by using fraudulent statements and representations."]},"sort":[9.40056,"5728635"]},{"_index":"complaint-public-v1","_id":"6791118","_score":6.5217547,"_source":{"product":"Mortgage","complaint_what_happened":"To Whom this may concern, It is not now, nor ever that I am refusing to pay a lawful obligation. \nOn XX/XX/XXXX, I made an uninformed use of credit decision ( 15 USC 1601 a ) on a consumer credit transaction for XXXX, XXXX dollars with Quicken Loans now know as Rocket Mortgage. The alleged lender advertised that they would lend me their money to me. They never told me once about this being a consumer credit transaction ( 15 USC 1602 bb,1, A ). I was uniformed that I was the consumer and the original creditor when I was approved on the application for an extension of my credit ( 15 USC 1601, a / 15 USC 1602 bb,1, A, g ). I gave them my social security number ( Credit Card 15 USC 1602 i ). They used my credit card with no benefit to me 15 USC 1602 p unauthorized use. I was uniformed that credit means the right granted ( 15 USC 1602 g ). I was uniformed that 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 ( 15 USC 1602 g ). I was uniformed the person to whom the debt arising from the consumer credit transaction ( was me ) is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement ( 15 USC 1602 g ). I was uninformed that debt was an option. \nSince XXXX of XXXX I have disputed the debt in full and asked for original creditor information ( 12 CFR 1006.38, 1006.34, 15 USC 1692g ), trying to get these criminals to validate and verify the alleged debt with bona fide evidence of indebtedness over a dozen times including but not limited to XXXX, XXXX XXXX, XXXX, XXXX, and XX/XX/XXXX ( 15 USC 1692g, 12 CFR 1006.34 ). They have failed to send a single piece of paper to me that is signed let along validated, verified and they have continued abusive, discriminating, harassing, oppressive and threatening foreclosure with unfair debt collection practices ( 12 CFR 1006.14, 1006.18, 15 USC 1692 d, e, f ). Including reporting false misleading information to the credit reporting agencies without my written permission and with out any information or opt out being sent to me 15 USC 1681 b, a, 2. Without any respect for my privacy 15 USC 1681 4. Without a ( i ) clear and conspicuous disclosure, ( ii ) without the consumer has authorized in writing 15 USC 1681b, 2, i, ii.\n\nThe only piece of paper received that is signed is the stamp on the deceptive note that says Without Recourse Pay to the order of Quicken Loans, signed XXXX XXXX Capture Manager. This is evidence that the deceptive note was changed without my knowledge from a promise to pay to an order to pay, Draft or Check and they were paid at closing table in full. ( Ucc 3-104 ). 12 USC 1813 L clearly says that notes, certificates of indebtedness are money or its equivalent and is a deposit. UCC 9-102 ( 65 ) \" Promissory note '' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. UCC 8-102, 9, Clearly says the the note and mortgage are a financial asset. UCC 8-102,1, clearly says I have the right to an adverse claim. The note can not be a promissory note, it must be a security! \nThis is further evidenced by the deceptive Mortgage document, the alleged borrowers covenant clearly says the borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the property and that the Property is unencumbered, except encumbrances of records. After I allegedly signed the note and clearly says I was the mortgagor, grantor on this document, How deceptive! 15 USC 78c 10 clearly says the note is a security with a maturity of over 9 months. 31 USC 5312 clearly says I am a financial institution persons involved in real estate closings and settlements, an issuer, redeemer, or cashier of checks, money orders or similar instruments. NONE of these documents contain any of the words, terms and conditions in the truth and lending act 15 USC 1611, 12 CFR 1006.22.\n\nThey claim to have lent me their money or credit. Yet they refuse to produce proof besides the alleged agreement, so called promissory note. How hard could this be? I could validate loans I have made in 5 minutes. I have not been able to find any evidence that they can lend me their credit, I have attached evidence, case law that they can not lend me their credit. I can only find evidence that they do not lend their deposits. \nPrinciples of Money, Banking, and Financial Markets and Professor XXXX XXXX XXXX the Doctoral Program at the XXXX XXXX XXXX XXXX XXXX at New York University and a former Senior Staff member on the Presidents Council of Economic Advisors, and also served on the Board of Governors of the Federal Reserve System. The following paragraph is taken from their book, When a bank lends, the borrower does not ordinarily take the proceeds in hundred dollar bills ; he takes a brand new checking account. On the banks balance sheet, loans ( an asset ) and demand deposit deposits ( a liability both rises. A bank creates a demand deposit when it lends. In effect, since demand deposits are money, banks create money. \nPROFESSOR XXXX XXXX XXXX from the Federal Reserve Bank of New York. XXXX XXXX a author employed by the XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX explains a little farther than did XXXX and XXXX. XXXX states, when a bank makes a loan the bank receives a Promissory Note for an equal amount of the Loan from the borrower and deposits the Promissory Note into a banks asset account as a debit and to comply with the General Accepted Accounting Procedures established by the Federal Reserve where Assets must always equal to liabilities plus owner equity. \nThe 88th united states congress, primer on money addressed the issue of lending XXXX XXXX dollars to a neighbor and you had a beginning balance of {$1000.00}. Which when the deduction occurs the ending balance is only XXXX XXXX dollars. But unfortunately the Bank when making a XXXX XXXX loan the banks assets and liabilities are not decreased but increased. The banks assets of {$1000.00}. Now becomes {$1500.00}. After making the loan and the demand deposits balance now becomes {$1500.00}. The formula established by the Federal Reserve is Assets=Demand Deposits plus owners equity this account is in perfect balance. \nXXXX XXXX and XXXX XXXX in their Economics book entitled XXXX XXXX XXXX XXXX XXXX out of 18 editions and first used in colleges and University in XXXX and was still being used in XXXX. On page XXXX, XXXX states, Most people suppose that a bank lends the deposits of its customer, In fact, however, no bank ever lends its deposits. The logical question should be then what do banks lend. \nGENERALLY ACCEPTED ACCOUNTING PRINCIPLES Banks are required to adhere to Generally Accepted Accounting Principles ( GAAP ). GAAP follows an accounting convention that lies at the heart of the double-entry bookkeeping system called the Matching Principle. This principle works as follows : When a bank accepts bullion, coin, currency, checks, drafts, promissory notes, or any other similar instruments ( hereinafter instruments ) from customers and deposits or records the instruments as assets, it must record offsetting liabilities that match the assets that it accepted from customers. The liabilities represent the amounts that the bank owes the customers, funds accepted from customers. In a fractional reserve banking system like the United States banking system, most of the funds advanced to borrowers ( assets of the banks ) are created by the banks themselves and are not merely transferred from one set of depositors to another set of borrowers. \nThe publication, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Federal Reserve Bank of Chicago ( rev. ed. XX/XX/XXXX ), contains standard bookkeeping entries demonstrating that money ordinarily is recorded as a bank asset, while a bank liability is evidence of money that a bank owes. The bookkeeping entries tend to prove that banks accept cash, checks, drafts, and promissory notes/credit agreements ( assets ) as money deposited to create credit or checkbook money that are bank liabilities, which shows that, absent any right of setoff, banks owe money to persons who deposit money.. Cash ( money of exchange ) is money, and credit or promissory notes ( money of account ) become money when banks deposit promissory notes with the intent of treating them like deposits of cash. See, 12 U.S.C. Section 1813 ( l ) ( 1 ) ( definition of deposit under Federal Deposit Insurance Act ). The lender acts in the capacity of a lending or banking institution, and the newly issued credit or money is similar or equivalent to a promissory note, which may be treated as a deposit of money when received by the lending bank.. Federal Reserve Bank of XXXX publication XXXX XXXX XXXX, page 11, explains that when banks grant loans, they create new money. The new money is created because a new loan becomes a deposit, just like a paycheck does. XXXX XXXX XXXX, page 6, says, What they [ banks ] do when they make loans is to accept promissory notes in exchange for credits to the borrowers transaction accounts. The next sentence on the same page explains that the banks assets and liabilities increase by the amount of the loans. \nAccording to the Federal Reserve Bank of New York, money is anything that has value that banks and people accept as money ; money does not have to be issued by the government. For example, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX 9, Federal Reserve Bank of New York ( 4th ed. XXXX ), explains that banks create new money by depositing IOUs, promissory notes, offset by bank liabilities called checking account balances. Page 5 says, Money doesnt have to be intrinsically valuable, be issued by government, or be in any special form.... \nCredit as money are in XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). A synthesis of these sources, as applied to the facts of the present case, is as follows : As commercial banks and discount houses ( private bankers ) became established in parts of XXXX ( especially XXXX XXXX ) and XXXX XXXX, by the mid-nineteenth century they commonly made loans to borrowers by extending their own credit to the borrowers or, at the borrowers direction, to third parties. The typical form of such extensions of credit was drafts or bills of exchange drawn upon themselves ( claims on the credit of the drawees ) instead of disbursements of bullion, coin, or other forms of money. In transactions with third parties, these drafts and bills came to serve most of the ordinary functions of money. The third parties had to determine for themselves whether such credit money had value and, if so, how much. \nGood Faith Disclosure after being noticed so many times could have settled this matter. Produce both sides of the accounting ledgers, Credits and debits, left and right sides. Produce the IRS forms 1099 OIDs, 1096, 8300 will identify who the payor and the recipient of the funds or cash proceeds were under SFAS ( Statement of Financial Accounting Standards ) 95 and IAS ( International Financial Standards ) 7.6 containing the inflows and outflows of cash and cash equivalents on the balance sheet FR 2046 ,2049 form securities of the off balance sheet receivables and payables which identifies both who the source or principles in which the the funds were derived from.\n\n15 USC 1605 ( 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 did not include all the charges. I have been deceptively forced to pay payments, interest, private mortgage insurance, homeowners Insurance, default mortgage insurance, taxes and upkeep on the property at my expense not included in the finance charge to protect the criminal alleged lender XXXX amounts to XXXX. I have been deceptively forced to pay these criminals in a comparable cash transaction for years. I have asked for the default mortgage insurance plan and proof the insurance company denied their claim. They have ignored all of my requests. They have been paid.\n\nI am uniformed without knowledge and understanding of the terms and conditions and how they got a security interest in my property without a red penny of valuable consideration and no evidence of indebtedness, by agreement ( 15 USC 1602 g ). I was uninformed that debt was an option.. I have asked several times only to be ignored. 15 USC 1611 Criminal liability for willful and knowing violation, 15 USC 1692j Furnishing certain deceptive forms, 12 CFR 1006.22, 18 USC 241,242, 42USC 1983,1985,1986.\n\nI have never received any forms for my right to rescission 15 USC 1635 a. I was never informed of my right to rescission let along having it clearly and conspicuously disclosed to me 15 USC 1635 a. 15 USC 1635 i, clearly says I have the right to rescission in foreclosure, let along all the deception and of the violations of law committed. Please send me the forms. 12 CFR 226.23, 226.15.\n\n16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. I was uniformed about nor can I find this notice any where on the alleged agreement. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\nThe Mortgage document contains a confessed judgement, denies my right to a homestead exemption 16 CFR 444.2 Unfair credit practices. 16 CFR 444.1 ( g ) Debt. Money that is due or alleged to be due from one to another. Or ; is defined in XXXX law dictionary as optional, a choice. 16 CFR 444.2 ( 3 ) Constitutes or contains an assignment of wages or other earnings. The alleged agreement contains or constitutes me to pay several insurance policies to protect the lender paid with my wages and earnings. 16 CFR 444.2 ( 4 ) Constitutes or contains a nonpossessory security interest in household goods other than a purchase money security interest. \nAccording to these state laws our shelter is considered essential to life, Basic Necessities, Household goods and we should be protected under the law equaly.\n\nFlorida Title 12 RSA 12D-7.002 - Exemption of Household Goods and Personal Effects Section RSA 196.181, F.S. Creature comfort 's are things which give bodily comfort, such as food, clothing and shelter.\n\nAlaska Title 6 Part 2A Chapter 40 6AAC 40.050 essential to the maintenance of life, health, or safety ; such aid, goods, or services including food, water, shelter, heat, emergency medical services, and police and fire protection. \nMaine Chapter XXXX XXXX XXXX  ch.XXXX, Section II DEFINITIONS Basic Necessities Food, clothing, shelter, fuel, electricity, non-elective medical services.\n\nI never received the required disclosures in 15 USC 1539 ( a ) Disclosures ( 1 ) Specific disclosures ( A ) You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application..\n\n( B ) If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan..\n\nWe never received the required notice in 16 CFR 444.3 Notice to Cosigner You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. \nYou may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.\n\nThe creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.\n\nThis notice is not the contract that makes you liable for the debt.\n\n15 USC 1539 ( n ) Consequence of failure to comply Any mortgage that contains a provision prohibited by this section shall be deemed a failure to deliver the material disclosures required under this subchapter, for the purpose of section 1635 of this title.\n\nALL PUBLIC ACCOUNTS are PREPAID, certificates of indebtedness are obligations of the United States. \nSenate Document No. 43, 73rd Congress The ownership of all property is in the State. Individual, so-called ownership is only by the virtue of the government, i.e. law, amounting to mere user, and use must be in accordance with law, and sub-ordinate to the necessities of the state.\n\nCongressional record, XX/XX/XXXX on HR 1491, p.83 Under the new law, the money is issued to the banks in return for government obligations, bills-of-exchange, drafts, notes, trade acceptances, and bankers acceptances, The money will be worth XXXX cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of the people of the nation. \nTitle 18 sec. 8. - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United states notes, treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drags for money, drawn by of 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. \n31 U.S. Code 3113 - Accepting gifts a ) To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt ( 1 ) the Secretary of the Treasury may accept for the Government a gift of ( A ) money made only on the condition that it be used to reduce the public debt ; ( B ) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued ; and ( e ) ( 1 ) The Secretary shall redeem a direct obligation of the Government bearing interest or sold on a discount basis on receiving it when the obligation ( A ) is given to the Government ; FRNs are obligation of UNITED STATES : Pubic Law 73-10, HJR 192 of 1933 : The term obligation means Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations. Title 31 sec. 3123 makes a statutory pledge of the United States government to payment of obligation and interest on the public debt. \nTitle 31 sec. 3123. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the obligations of the government issued under this chapter.\n\n( b ) The Secretary of the Treasury shall pay interest due of accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without rebate of interest on the coupons. Therefore, the government pledges to pay government obligations which Federal Reserve Notes are, and pay them with FRNs, which is legal tender. Taxes and all bills associated with corporations are all government obligations which they must pay when we accept them for value and rent them to the government that has an obligation to settle the debt, dollar for dollar. It is a fact : Title 31 sec. 3130 further delineates in its definitions a portion of the total public debt, which is held by the public as the Net public debt, sec. 3130. Annual Public Debt Report ( a ) General Rule.- On or before XX/XX/XXXX of each calendar year after XXXX. The Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the Hours of Representatives and the Committee on Finance of the Senate on- ( XXXX ) the treasurys public debt activities, and ( XXXX ) the operations of the XXXX XXXX XXXX . \nFor whatever reason we can associate with their actions and reasons they did so, The People may benefit. The People are the prime creditors and the beneficiaries, the government are trustees ; Trustees pay debts, beneficiaries do not. Thus, government obligations are not taxable. These obligations of UNITED STATES under Title 31 sec. 3124. Exemption from taxation : ( a ) Stock and obligations of the United States Government are exempt form ration by a State of political subdivision of a State. The exemption applies to each form of taxation that would require the obligation the interest on the obligation, or both, to be considered in computing a tax, except- ( XXXX ) a nondiscriminatory franchise tax of another non-property tax instead of a franchise tax, imposed on a corporation; and ( XXXX ) an estate of inheritance tax.\n\n( b ) The tax status of interest on obligations dividends, earnings, or other income from evidences of ownership issue by the Government of an agency and the tax treatment of chain and loss from the disposition of those obligations and evidences of ownership is denied under the Internal Revenue code of 1986 ( 26 U.S.C. 1 et seq. ). An obligation that the Federal Housing Administration had agreed, under a contract made before XX/XX/XXXX. XXXX, to issue a future date, had the tax exemption privileges provided by the authorizing law 4th the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, of a department, agency, instrumentality, or political subdivision of the District, territory or possession.\n\n12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX , District of Columbia, or at any Federal Reserve bank. \nThe Constitution does not give we, the people right. It forbids the government to ignore the God given Rights of the people, as seen in the 9th Amendment : The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. In addition, the 10th Amendment : The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people. There is no law to discourage the people from creating credit instruments. In fact, the the 14th Amendment, sec. 4, we need to. We must Accept for Value, the debt instruments/legal tender of the United States . As long as the debt exists, the Democracy exists. The Republican Form of Government, The United States of America, can only come back when the debt is gone. Since Federal Reserve Notes ( FRNs ) as legal tender are debt notes, an insufficient number exist, for their repayment in kind, will not cover the interest owed. Using FRNs to pay debts only increases the governments obligations on debt by their creation. \nAs it is a fact that all property in the United States are result of the XX/XX/XXXX act is under the ownership of the United States, and/or it's designee, that the currency is underwritten by US Treasury notes , bills and/or obligations, it is impossible for the people to be held liable for government obligations. You can not pay a debt with a debt. No man can be forced to do the impossible. \nThe unconstitutionality of said act is expressed in Congress own words : a. Since XX/XX/XXXX, the United States has been in a shed of declared national emergency. These proclamations give force to 470 provisions of federal law. These hundreds of statues delegated to the President extraordinary power exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule this country without reference to normal constitutional processes. Senant report 93-549 XX/XX/XXXX. \nWe are contracting a private investigator to do a thorough forensic security audit. This will prove the securities fraud and that they have been trading these securities on the stock market. They have been paid several times in full.\n\nNotice to cease and desist, Notice to stop calling our private phones Notice of Identity Theft Though hundreds of hours of research, we have recently become aware of the fact that our legal name affixed to its birth certificate is evidence of a state agency, organization or partnership organized by the state. Being aware that the name does not serve to recognize the one who is\nusing it. We have resigned from this agency through the secretary of state. We have sent, filed several notices to the state and federal principle owners, trustees of this name of the identity theft, lack of fiduciary duties, Ect. We have sent several notices to the alleged lender only to be ignored.","date_sent_to_company":"2023-04-05T01:46:44.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"570XX","tags":null,"has_narrative":true,"complaint_id":"6791118","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Rocket Mortgage, LLC","date_received":"2023-04-05T00:50:33.000Z","state":"SD","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["We are contracting a private investigator to do a thorough forensic <em>security</em> audit. This will prove the <em>securities</em> fraud and that they have been trading these <em>securities</em> on the stock market. They have been paid several times in full."]},"sort":[6.5217547,"6791118"]},{"_index":"complaint-public-v1","_id":"11328114","_score":6.220235,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"MISSOURI POWER OF ATTORNEY REVOCATION Use of this form is for the power of attorney of : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Other : XXXX, XXXX XXXX hereby immediately revoke those portions covering decisions of the document titled REVOLVING CREDIT CARD, that I allegedly executed on the XXXX of XX/XX/XXXX, which resulted in the appointment of SYNCHRONY BANK as my agent and as my alternate successor agent. I hereby notify said agent ( s ) and any other interested persons and institutions that all portions of said document are revoked. \nI. POWERS BEING REVOKED These are the powers to act on my behalf that have been REVOKED from SYNCHRONY BANK shall NOT have the power to act on my behalf in the following ways. \n_ 1. No Power to Make Payments or Collect Monies Owed.\n\nSYNCHRONY BANK in fact has no power to make any payments on any accounts I may owe and to hold, collect and request any sums that may be due, owing or payable to me or in which I may hereinafter acquire an interest, in whatever form, whether liquidated or un-liquidated, to have, use, and take all lawful means in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same ; _ 2. No Power to Acquire, Lease and Sell Personal Property.\n\nSYNCHRONY BANK in fact has no power to acquire, purchase, exchange, lease, grant options to sell, and sell and personal property, or any interests therein, on such terms and conditions, including credit arrangements ; SYNCHRONY BANK in fact has no power to execute, acknowledge or deliver, under seal or otherwise, any and all assignments, transfers, titles, papers, documents or instruments in connection therewith ; SYNCHRONY BANK has no power to purchase, sell or otherwise dispose of, assign, transfer or convey shares of stock, bonds, securities and other personal property now or hereafter belonging to me, whether standing in my name or otherwise, and wherever situated ; _ 3. No Power to Acquire, Lease and Sell Real Property.\n\nSYNCHRONY BANK in fact has no power to acquire, purchase, exchange, lease, grant options to sell, sell or convey real property, or any interests therein, on such terms and conditions, including credit arrangements of any type. SYNCHRONY BANK in- fact has no power to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, deeds, papers, documents or instruments in connection with ; _ 4. No Management Powers. SYNCHRONY BANK has no power to maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interests therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions in connection with ; _ 5. No Banking Powers. SYNCHRONY BANK in fact has no power to open and close accounts, make, receive, and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations, and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted ; _ 6. No Motor Vehicles. SYNCHRONY BANK has no power to apply for a Certificate of Title upon, or endorse and transfer title thereto, for any automobile, truck, pickup truck, van, motorcycle, or other motor vehicle, or to represent in such transfer or assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer or assignment ; _ 7. No Tax Powers. SYNCHRONY BANK in fact has no power to act without imitation on my behalf with regard to federal income taxes ( Forms 1040, 1040EZ, 1040X, etc. ), state and local income taxes, estate, gift ( Form 709 ) or other tax returns of all sorts, whether federal or state and local, including where appropriate joint returns, FICA returns, payroll tax returns, claims for refunds, requests for extensions of time to file returns or pay taxes, extensions and waivers of applicable periods of limitation, protests and petitions to administrative agencies or courts, including the tax court, regarding tax matters, and any and all other tax related documents, including but not limited to consents and agreements under Section 2032A of the Internal Revenue Code or any successor section thereto and consents to split gifts and closing agreements, for all tax periods from 2024 through 2100, and for all jurisdictions ; to complete Internal Revenue Service Form 2848, Power of Attorney and Declaration of Representative ( or other prescribed form ) on my behalf as well as to perform all other functions contemplated by that form whether they are required or merely permissible ; to consent to any gift and to utilize any gift-splitting provisions or other tax election ; or to prepare, sign, and file any claims for refund of any tax ; to post bonds, receive confidential information or contest deficiencies determined by the Internal Revenue Service or any state or local taxing authority ; to exercise any and all elections that I may have under federal, state or local tax laws including without limitation the allocation of any generation skipping tax exemption to which I may be entitled ; to the extent that I may have omitted some power or discretion, some tax period, some form or some jurisdiction, I hereby REVOKE from SYNCHRONY BANK power to amend the Internal Revenue Service form power of attorney ( presently Form 2848 or Form 2848-D ) in my name ; _ 8. No Safe-Deposit Boxes. SYNCHRONY BANK has no power to open or have access at any time or times to any safe-deposit box rented by me or to which I may have access, where so ever located, including drilling, if necessary, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box ; and any institution in which any such safe-deposit box may be located shall not incur any liability to me or my estate as a result of SYNCHRONY BANK attempts to exercise this power ; _ 9. No Gift Making Powers. SYNCHRONY BANK has no power to make gifts, grants, or other transfers ( including the forgiveness of indebtedness and the completion of any charitable pledges I may have made without consideration, either outright or in trust to such person ( s ) ( SYNCHRONY BANK ) or organization trying to act as my attorney in fact shall not have to power to, including, without limitation, the following actions : ( a ) transfer by gift in advancement of a bequest or devise to beneficiaries under my will or in the absence of a will to my spouse and descendants in whatever degree ; ( b ) or release of any life interest, or waiver, renunciation, disclaimer, or declination of any gift to me by will, deed, or trust ; _ 10.No Lending and No Borrowing. SYNCHRONY BANK has no power to make loans in my name ; to borrow money in my name, individually or jointly with others ; SYNCHRONY BANK in fact has no power to give promissory notes or other obligations therefor ; or to deposit or mortgage as collateral or for security for the payment thereof any or all of my securities, real estate, personal property, or other property of whatever nature and wherever situated, held by me personally or in trust for my benefit ; _ XXXX. No Contracts. SYNCHRONY BANK has no power to enter into any contracts of whatever nature or kind in my name ; _ 12. No Health Care. SYNCHRONY BANK has no power to take any steps necessary to arrange for my admission to any type of health care facility, including, without limitation, a hospital, rehabilitation facility, skilled nursing facility, or hospice, or to authorize the release of my medical records ever ; _ 13. HIPAA. SYNCHRONY BANK has no power or authority as my personal representative for all purposes of the Health Insurance Portability and Accountability Act of 1996 ( Pub. L. No. 104-191 ) ; _14. No Power to Hire or Pay for Services. SYNCHRONY BANK has no power to retain such accountants, attorneys, social workers, consultants, clerks, employees, workers, or other persons in connection with the management of my property and affairs and to make payments from my assets for the fees of such persons so employed ; _ 15. No Reimbursement. SYNCHRONY BANK has no power to reimburse anyone for any reasonable expenses incurred in connection with such services ; and _ 16. No Power to Sue Third Parties Who Fail to Act Pursuant to Power of Attorney. If any third party ( including stock transfer agents, title insurance companies, banks, credit unions, and savings and loan associations ) with whom SYNCHRONY BANK may try and seeks to transact with refuses to recognize SYNCHRONY BANK as my attorney-in fact who has no authority to act on my behalf pursuant to this Power of Attorney, SYNCHRONY BANK has no power to sue or recover from such third party all resulting damages, costs, expenses incurred because of such failure to act. The costs, expenses, and attorney fees incurred in bringing such action shall be charged to SYNCHRONY BANK.\n\n_17. Other - No Powers to conduct the following. SYNCHRONY BANK has no power, authority or authorization to report any information tied to account # 604419X toanyone ever to include all credit reporting agencies like Experian, Lexis Nexis, Transunion, Equifax or any secondary credit reporting agencies like Early warning Services.\n\nII. INTERPRETATION AND GOVERNING LAW This instrument is to be construed and interpreted as a revocation power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers revoked and not granted to SYNCHRONY BANK. This instrument is executed and delivered in the State of Missouri and the laws of such state shall govern all questions as to the validity of this power and the construction of its provisions. Nevertheless, I intend that this instrument be given full force and effect in any and all SO states or countries in which I may find myself, where I may own property, whether real or personal. I revoke any bond required to give bond and if any bond was required from SYNCHRONY BANK. This revocation takes effect immediately. A photocopy has the same effect as an original.\n\nThis revocation was signed the XXXX  of XXXX  2024. Signature of Princi pal 4, ,4..Ll ; ; '1 '' -- -. : :. -- -4'= -- -- -= -- -- --., /II- '' lrTT7I Print Nam -= -- =-Lr.v..x ... .... '' ' -- -_-=e=-=- : :. : ; .. ; : :,.\n\nNOTARY ACKNOWLEDGMENT [ State of XXXX XXXX of XXXX ] The foregoing instrument was acknowledged before me by means ofphysical presence or XXXX online notarization, on this day XXXX, of this ( month ), XXXX, of this ( year ) XXXX, Produced Identification : XXXX. Type of Identification Produced : XXXX  XXXX. \n\n\nAcknowledged XXXX : Th M.< ; -til.b.l ) l, d, -1-J.CW -- _ ( Type/Write Name of Notary Public ) ( Signature of Notary Public ) Form 2848 ( Rev. XX/XX/XXXX ) Department of the Treasury Internal Revenue Service Power of Attorney and Declaration of Representative Go to XXXX for instructions and the latest information. \n\n\nXXXX XXXX. XXXX For IRS Use Only Received by : Name -- -- -- Power of Attorney Telephone Caution : A separate Form 2848 must be completed for each taxpayer. Form 2848 will not be honored for any purpose other than representation before the IRS.\n\n1 Taxpayer information. Taxpayer must sign and date this form on page 2, line 7. \n\nFunction -- -- - Date I I Taxpayer name and address XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MO XXXX hereby appoints the following representative ( s ) as attorney ( s ) -in-fact : 2 Representative ( s ) must sign and date this form on page 2, Part II. Name and address Taxpayer identification number ( s ) XXXX  Daytime telephone number XXXX CAF No. PTIN Telephone No. Fax No. \n\n\n\n\nPlan number ( if applicable ) Check if to be sent copies of notices and communications Name and address Check if to be sent copies of notices and communications Name and address ( Note : IRS sends notices and communications to only two representatives. ) Name and address ( Note : IRS sends notices and communications to only two representatives. ) Check if new : Address D Telephone No. D Fax No. D CAF No. PTIN Telephone No. Fax No. \nCheck if new : Address D XXXX XXXX. D Fax No. D CAF No. XXXX XXXX XXXX. \nFax No. \nCheck if new : Address D XXXX XXXX. D Fax No. D CAF No. XXXX XXXX XXXX. \nFax No. \nCheck if new : Address D XXXX XXXX. D Fax No. D to represent the taxpayer before the Internal Revenue Service and perform the following acts : 3 Acts authorized ( you are required to complete line 3 ). Except for the acts described in line 5b, I authorize my representative ( s ) to receive and inspect my confidential tax information and to perform acts I can perform with respect to the tax matters described below. For example, my representative ( s ) shall have the authority to sign any agreements, consents, or similar documents ( see instructions for line 5a for authorizing a representative to sign a return ).\n\nDescription of Matter ( Income, Employment, Payroll, Excise, Estate, Gift, Whistleblower, Practitioner Discipline, PLR, FOIA, Civil Penalty, Sec. \n4980H Shared Responsibility Payment, etc. ) ( see instructions ) Tax Form Number ( 1040, 941, 720, etc. ) ( if applicable ) Year ( s ) or Period ( s ) ( if applicable ) ( see instructions ) 4 Specific use not recorded on the Centralized Authorization File ( CAF ). If the power of attorney is for a specific use not recorded on CAF, check this box. See Line 4. Specific Use Not Recorded on GAF in the instructions. D 5a Additional acts authorized. In addition to the acts listed on line 3 above, I authorize my representative ( s ) to perform the following acts ( see instructions for line 5a for more information ) : D Access my IRS records via an Intermediate Service Provider ; D Authorize disclosure to third parties ; D Substitute or add representative ( s ) ; D Sign a return ; D Other acts authorized : For Privacy Act and Paperwork Reduction Act Notice, see the instructions. Cat. No. 11980J Form 2848 ( Rev. 1-2021 ) Form 2848 ( Rev. 1-2021 ) Page2 b Specific acts not authorized. My representative ( s ) is ( are ) not authorized to endorse or otherwise negotiate any check ( including directing or accepting payment by any means, electronic or otherwise, into an account owned or controlled by the representative ( s ) or any firm or other entity with whom the representative ( s ) is ( are ) associated ) issued by the government in respect of a federal tax liability.\n\nList any other specific deletions to the acts otherwise authorized in this power of attorney ( see instructions for line 5b ) : 6 Retention/revocation of prior power ( s ) of attorney. The filing of this power of attorney automatically revokes all earlier power ( XXXX ) of attorney on file with the Internal Revenue Service for the same matters and years or periods covered by this form. If you do not want to revoke a prior power of attorney, check here. D YOU MUST ATTACH A COPY OF ANY POWER OF ATTORNEY YOU WANT TO REMAIN IN EFFECT. \n\n7 Taxpayer declaration and signature. If a tax matter concerns a year in which a joint return was filed, each spouse must file a separate power of attorney even if they are appointing the same representative ( s ). If signed by a corporate officer, partner, guardian, tax matters partner, partnership representative ( or designated individual, if applicable ), executor, receiver, administrator, trustee, or individual other than the taxpayer, I certify I have the legal authority to execute this form on behalf of the taxpayer.\n\nIF NOT COMPLETED, SIGNED, AND DATED, THE IRS WILL RETURN THIS POWER OF ATTORNEY TO THE TAXPAYER.\n\nt-0 : k.tli..\n\nOat Title ( if applicable ) Print name Print name of taxpayer from line 1 if other than individual Declaration of Representative Under penalties of perjury, by my signature below I declare that : I am not currently suspended or disbarred from practice, or ineligible for practice, before the Internal Revenue Service; I am subject to regulations in Circular 230 ( 31 CFR, Subtitle A, Part 10 ), as amended, governing practice before the Internal Revenue Service; I am authorized to represent the taxpayer identified in Part I for the matter ( s ) specified there ; and I am one of the following : a Attorney-a member in good standing of the bar of the highest court of the jurisdiction shown below.\n\nb Certified Public Accountant-a holder of an active license to practice as a certified public accountant in the jurisdiction shown below.\n\nc Enrolled Agent-enrolled as an agent by the IRS per the requirements of Circular 230.\n\nd Officer-a bona fide officer of the taxpayer organization .\n\ne Full-Time Employee-a full-time employee of the taxpayer.\n\nf Family Member-a member of the taxpayer 's immediate family ( spouse, parent, child, grandparent, grandchild, step-parent, step-child, brother, or sister ).\n\ng Enrolled Actuary-enrolled as an actuary by the Joint Board for the Enrollment of Actuaries under 29 U.S.C. 1242 ( the authority to practice before the IRS is limited by section 10.3 ( d ) of Circular 230 ).\n\nh Unenrolled Return Preparer-Authority to practice before the IRS is limited. An unenrolled return preparer may represent, provided the preparer ( 1 ) prepared and signed the return or claim for refund ( or prepared if there is no signature space on the form ) ; ( 2 ) was eligible to sign the return or claim for refund ; ( 3 ) has a valid PTIN ; and ( 4 ) possesses the required Annual Filing Season Program Record of Completion ( s ). See Special Rules and Requirements for Unenrolled Return Preparers in the instructions for additional information.\n\nk Qualifying Student or Law Graduate-receives permission to represent taxpayers before the IRS by virtue of his/her status as a law, business, or accounting student, or law graduate working in a LITC or STCP. See instructions for Part II for additional information and requirements.\n\nr Enrolled Retirement Plan Agent-enrolled as a retirement plan agent under the requirements of Circular 230 ( the authority to practice before the Internal Revenue Service is limited by section 10.3 ( e ) ).\n\nIF THIS DECLARATION OF REPRESENTATIVE IS NOT COMPLETED, SIGNED, AND DATED, THE IRS WILL RETURN THE POWER OF ATTORNEY. REPRESENTATIVES MUST SIGN IN THE ORDER LISTED IN PART I, LINE 2.\n\nNote : For designations d-f, enter your title, position, or relationship to the taxpayer in the \" Licensing jurisdiction '' column.\n\nDesignation- Insert above letter ( a-r ). Licensing jurisdiction ( State ) or other licensing authority ( if applicable ) Bar, license, certification, registration, or enrollment number ( if applicable ) Signature Date Form 2848 ( Rev. 1-2021 )","date_sent_to_company":"2025-01-03T13:12:05.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"644XX","tags":null,"has_narrative":true,"complaint_id":"11328114","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-12-30T17:25:34.000Z","state":"MO","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["k Qualifying Student or Law Graduate-receives permission to represent taxpayers before the IRS by <em>virtue</em> of his/her status as a law, business, or accounting student, or law graduate working in a LITC or STCP. See instructions for Part II for additional information and requirements.\n\nr Enrolled Retirement Plan Agent-enrolled as a retirement plan agent under the requirements of Circular 230 ( the authority to practice before the Internal Revenue Service is limited by <em>section</em> 10.3 ( e ) )."]},"sort":[6.220235,"11328114"]},{"_index":"complaint-public-v1","_id":"2945343","_score":5.204316,"_source":{"product":"Checking or savings account","complaint_what_happened":". \n\n\n\n\n\nURGENT FROM : XXXX. XXXX XXXX XXXX, XXXX XXXX, President Commissaries XXXX ; and XXXX XXXX, Majority Owner, 100 % Proxy Holder and CIO ATT : 1.XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX - XXXX XXXX Head of Americas Email : XXXX Phone : XXXX XXXX XXXX XXXX XXXX XXXX XXXX / XXXX ; XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX and XXXX ; 2.XXXX XXXX XXXX - VIA Email : XXXX ; XXXX Office Mail Code XXXX XXXX XXXX  XXXX XXXX, XXXX  XXXX CC : I. Federal Deposit Insurance Corporation, Division of Depositor and Consumer Protection XXXX / XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX / FDIC Reference among others : Number : XXXX VIA / E-mail : XXXX, XXXX ; II. Federal Reserve Board of Governors XXXX XXXX XXXX XXXX, XXXX  XXXX VIA / E-mail : XXXX ; Reference among others : Number XXXX XXXX. Consumer Financial Protection Bureau XXXX XXXX, Senior Vice President - Head of Customer Experience Consumer Financial Protection Bureau-XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX VIA / E-mail : XXXX ; IV. Office of the Comptroller of the Currency XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX VIA / E-mail : XXXX ; Reference among others : Number :XXXX XXXX United States Securities and Exchange Commission ( SEC ), XXXX XXXX SEC Headquarters Office, to the hands of XXXX XXXX XXXX XXXX Special Counsel Office of Investor Education and Advocacy U.S. Securities and Exchange Commission VIA / E-mail : XXXX, XXXX, XXXX ; VI. \n\nFEDERAL TRADE COMMISSION Headquarters Federal Trade Commission XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX Telephone : ( XXXX ) XXXX VIA Email : XXXX XXXX. XXXX Direction XXXX XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX ; XXXX. XXXX, XXXX ; Ladies and Gentlemen from XXXX XXXX and XXXX XXXX, Ladies and Gentlemen from CHASE, We, XXXX XXXX and XXXX XXXX, refer to our previous correspondence ( See attached corespondence with XXXX XXXX XXXX, XXXX XXXX  XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX ). We are acting in our capacity as President Commissaries, and 100 % Proxy-Hoder and CIO ( Chief Investment Officer ) from XXXX XXXXXXXX XXXX XXXX. \n\nTherefore among others, it has to be noted, that CHASE and its subsidiaries in the role of remittancebank illegally did transfer from our deposit-accounts in XXXX XXXX ( XXXX ) XXXX via XXXX XXXX XXXX to XXXX XXXX XXXX   an amount of USD XXXX XXXX ( please compare again belove attached clearing document ( mr XXXX XXXX XXXX PAGE ), which was sent to CHASE by FDIC and by CFPB, but which questionnaire remained unanswered ). Disposition ( s ) about our assets took place without XXXX XXXX XXXX   INVESTASIs knowledge and consent. This money was stolen from our account in XXXX XXXX ( XXXX ) XXXX and further on was illegally used by JP Morgan XXXX  ( whereby deposits are insured with FDIC and registered with SEC US ). \n\nIn connex with proceeds realized via stock-market by XXXX XXXX in cooperation with XXXX XXXX  XXXX ( USD XXXX XXXX-Please see attachment belove again XXXX dbag XXXX ) from traded deposits of XXXX XXXXXXXX XXXX XXXX, CHASE has received prospects and authentificated transaction by XXXX XXXX ( XXXX XXXX XXXX ) including all the details and registered with SEC US in a volume of XXXX XXXX USD. \n\nIn XX/XX/XXXX bank -statments from XXXX XXXX ( in total were collected more then USD XXXX XXXX from assets of XXXX XXXX XXXX ) were falsified and registered under the name of XXXX XXXX who again was not informed about. \n\nFrom XXXX XXXX per XXXX to XXXX XXXX XXXX XXXX then was confirmed, that suche transfers was provided for a certain beneficiary company for TRADING ( compare : XXXX XXXX XXXX -statements and Agreements which was sent among others to the US competent authorities FDIC , SEC US , CFPB and FED US and to competent international prosecutors in XXXX XXXX XXXX and XXXX in regard with investigations and prosecutions against involved XXXX XXXX  XXXX , XXXX XXXX , XXXX XXXX XXXX in International Criminal Organized Bank Cartel and abuse the assets of our company XXXX XXXX XXXX ( Please see above attachment XXXX XXXX XXXX  XXXX XXXX XXXX )! \nAs it can be seen from previous correspondence, XXXX XXXX did not want to cooperate with us. In the meantime it came up, that there are massive irregularities related to the business relationship between XXXX XXXXXXXX XXXX XXXX and XXXX XXXX XXXX, XXXX XXXX  XXXX, XXXX, XXXX, XXXX XXXX, XXXX XXXX and other international banks, this over many years. Our assets are based on the deposits held at XXXX XXXX XXXX and XXXX, XXXX and its subsidiary ( among others see attachments our mentioned assets registered with SEC US and insured with FDIC ), which were denominated in XXXX and have been used, among others, as collateral for credit lines opened at XXXX XXXX XXXX ( Please see attachment MKB 1 ( 1 ) .pdf ( 397 KB ). \n\nOnce these credit lines have been opened, XXXX XXXX  XXXX has given various assessments to other international banks where these investments exist until today. Interest and income were also assessed on a resurgent basis. But after original investments via XXXX XXXX XXXX have come to an end, we are prevented from accessing our assets. \n\n\nWe are now editing individual banks in which such investments are deposited in the name of PT. XXXX XXXX XXXX / XXXX XXXX. We provide you with appropriate information related to investments of PT. XXXX XXXX XXXX at XXXX XXXX, in which connex an essential role plays SEC, as among others - XXXX American Depositary Shares are filed with the U.S. Securities and Exchange Commission on XX/XX/XXXX ( Registration Nr. XXXX and that the role of CUSTODY has XXXX XXXX ).  Enclosed you find respective correspondences and prospectus. \n\n\nFurther there are XXXX XXXX Dynamic Proportion Portfolio Notes ( date of prospectus 6. XX/XX/XXXX ). An excerpt ( pages 80 86 ) from  respective prospectus you find enclosed, where you also will find the role of XXXX. XXXX XXXX XXXX. The name XXXX applies to the abbreviation of XXXX. XXXX XXXX XXXX at XXXX XXXX XXXX, but the real investor XXXX. XXXX XXXX XXXX here apparently has been tried to disguise and it has been tried to push forward a company with virtually identical /similar name as a PXXXX XXXX  called XXXX XXXXXXXX XXXX XXXX ( XXXX ) ltd.. But such a company was never officially registered under this name (! ). Such dubious circumstances are in an urgent need of clarification. \n\nIn our annexes you will also find part of the correspondence, prospectuses, etc. collected since XXXX. Direct corespondences with XXXX XXXX ( among others with XXXX XXXX XXXX ) remained inconclusive. In XXXX we also have contacted competent French supervisory authority XXXX among others via our legal department. First XXXX XXXX XXXX / XXXX seemed to be cooperative, but then XXXX XXXX / XXXX ( her superiors ) did not give us any valuable information and apparently had great interest in completing further contacts between XXXX. XXXX XXXX XXXX and XXXX. In the end, until now there was no result to get information from XXXX XXXX and from XXXX why we have not been able to realize even a single dollar of our XXXX XXXX assets (! ). \n\nPT. XXXX XXXX XXXX assets at XXXX XXXX consist of ( please see enclosed ) : a ) XXXX XXXX ADRs ; b ) XXXX XXXX Linked Dynamic Proportion Portfolio Notes ; c ) Possibly other assets, which have been concealed to us so far ; INFORMATION TABLE The provisions of this Information Table set out below ( save for Part 4 ( Fees ), Part 5 ( Performance Swap Information ) and Part 6 ( Administrative and Settlement Data ) ) will be endorsed upon, or attached to, each Global Note and Note Certificate. Part 1 Issue Amount and Redemption Date Class Initial Issue Amount Redemption Date Principal Protection Ratio Issue Date Class E-5GC Up to EUR XXXX XX/XX/XXXX 85 % XX/XX/XXXX The class of Notes specified above is a \" Class '' of Notes. 1. Distribution fees and other costs of issuance in relation to each Class of Notes are met by the Swap Counterparty on behalf of the Issuer in consideration for a debit to the applicable Notional Cash Account as described in the section of this Prospectus entitled \" The Performance Swaps ''. The Swap Counterparty will make payment of such distribution fees to the Sole Distributor. \n\n\n2. The Issue Date and Redemption Date may be subject to adjustment. Any such adjustment will be the subject of an announcement on the website of the XXXX Stock Exchange ( XXXX ) and on the website of the XXXX Stock Exchange ( XXXX ). \n\nPart 2 Coupons Notes Coupon Payment Dates Day Count Fraction Guaranteed Coupon Rate Class E-5GC Each date falling on the expiry of each six month period from the Issue Date, up to and including the Redemption Date XXXX 0.25 % Part 3 General Business Day Centres : XXXX, XXXX XXXX, XXXX   XXXX, XXXX, XXXX Issue Price : 100 per cent. Series Number : XXXX \" XXXX XXXX '' ( See Page 17 ) Part 4 Fees Notes Senior Management Fee Rate Junior Management Fee Proportion Gap Risk Payment Rate Target Rate Class E-5GC 0.80 % 20 % 0.80 % 3 month EURIBOR plus 230bps Part 5 Performance Swap Information Notes Currency Limit Liquidity Event Threshold Class E-5GC 2.00 % 2.00 % Eligible Currency : USD, EUR, GBP, JPY Part 6 Administrative and Settlement Data Notes Specified Denomination Tradeable Amount ISIN Common Code VP code Class E5GC EUR XXXX EUR XXXX and integral multiples of EUR XXXX thereafter XXXX, XXXX, XXXX See paragraph 3.1 of the section of this Prospectus headed \" Summary of the Portofolio. \nIt can be assumed that XXXX XXXX XXXX, which still withholds crucial information and codes, has intervened with XXXX XXXX, possibly also with XXXX, so that the business relationship between XXXX XXXX XXXX and XXXX. XXXX XXXX XXXX could not be discovered by way of XXXX XXXX. \n\nThere is urgent suspect, that XXXX XXXX and XXXX XXXX was and is acting with an aim of misusing assets from XXXX. XXXX XXXX XXXX and improperly enriching itself and / or third parties ( clients and/or business-partners ). According to our investigations XXXX XXXX is responsible for illegal and criminal steps by falsification of prospects related to our investments. The facts of investment ( s ) of PT. XXXX XXXX XXXX in XXXX XXXX are out of question and are evident from prospectuses registered with SEC US ( see  XXXX ( 43 KB ), filed with US SEC on XXXX XXXX, Registration XXXX ). \n\nIn both prospects from the beginning are containing general text and date of ISSUE 6. XX/XX/XXXX ( in total 117 pages ), compare prospectuses ( XXXX Prospectus.pdf ( 963 KB ) and XXXX XXXX Credit-Linked Dynamic Proportion % XXXX ( 1 ) .pdf ( 756 KB ). \n\nQUOTE PROSPECTUS XXXX XXXX ( the \" Issuer '' ) ( incorporated in XXXX ) issue of \" XXXX XXXX '' Dynamic Proportion Portfolio Notes ( the \" Notes '' ) This Prospectus constitutes a prospectus for the purposes of Article 5.3 of Directive XXXX ( the \" Prospectus Directive '' ) as implemented in XXXX by the Prospectus ( Directive XXXX ) Regulations XXXX and has been prepared, amongst other things, for the purpose of giving information with regard to the Issuer and the Notes. \n\nApplication will be made to the XXXX Financial Services Regulatory Authority ( the \" XXXX '' ), as competent authority under the Prospectus Directive, for this Prospectus to be approved. Such approval will relate only to Notes which are to be admitted to trading on the regulated market of the XXXX Stock Exchange or  other regulated markets for the purposes of Directive XXXX or which are to be offered to the public in any Member State of the XXXX XXXX XXXX. \n\nApplication will be made to the XXXX Stock Exchange for Notes issued to be admitted to the Official List and trading on its regulated market. Application will additionally be made to XXXX XXXX for some or all of the Classes of Notes to be admitted to trading on its regulated market ( on the basis of the approval of the XXXX referred to above ). \n\nNo assurances can be given that such listing and admission to trading will be approved. Any investment in Notes does not have the status of a deposit and will not have the benefit of the deposit protection scheme operated by the XXXX. The Issuer will not be regulated by the IFSRA by virtue of the issue of Notes. \n\nThe Notes will be offered for sale to the public in XXXX, XXXX, the Kingdom of XXXX and the Kingdom of XXXX during a subscription period from ( and including ) XXXX XX/XX/XXXX to ( and including ) XXXX XX/XX/XXXX, provided that the relevant regulatory approvals have been granted. Such subscription period is subject to adjustment by or on behalf of the Issuer ( and for the avoidance of doubt, no supplement to this XXXX will be published in relation thereto ). \n\nThe total number of Notes and the Classes of Notes to be issued will be determined based on market demand for the Notes during the subscription period together with market conditions at the end of the subscription period and will be made available on the website of the XXXX Stock Exchange ( XXXX ) on or around the last day of the subscription period ( and for the avoidance of doubt, no supplement to this Prospectus will be published in relation thereto and such information will be in the form of an announcement in accordance with Article 8 of the Prospectus Directive and the XXXX will be notified of such information and dealing in the Notes may begin before such information is made available ). \n\nThe XXXX has been requested to provide the competent authorities in XXXX, XXXX, the Kingdom of XXXX and the Kingdom of XXXX for the purposes of the Prospectus Directive with a certificate of approval attesting that the Prospectus has been drawn up in accordance with the Prospectus Directive. Further requests may be made in the future to the competent authorities in other jurisdictions. \n\nTHE NOTES HAVE NOT BEEN, AND WILL NOT BE, REGISTERED UNDER THE SECURITIES ACT AND, MAY NOT BE OFFERED, SOLD OR DELIVERED WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS ( AS DEFINED IN REGULATION S UNDER THE SECURITIES ACT ). THE ISSUER HAS NOT BEEN NOR WILL BE REGISTERED UNDER THE INVESTMENT COMPANY ACT. \n\nArranger : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Sole Distributor XXXX XXXX The date of this Prospectus is XXXX XX/XX/XXXX UNQUOTE BUT : Note Difference in the text starts in prospectus A ( XXXX Prospectus.pdf ( XXXX KB ) on PAGE 1 below where are the following DATA DETAILS evident : / XXXX XXXX XXXX XXXX and further , among others on PAGES XXXX XXXX : QUOTE THE PORTFOLIO MANAGER XXXX XXXX XXXX, XXXX, a XXXX corporation ( XXXX ), is a holding company which, through its subsidiaries, is engaged in a broad range of insurance and related activities in the United States and abroad. \n\nXXXX  primary activities include both general and life insurance operations. Other significant activities include retirement services, financial services and asset management. XXXX XXXX XXXX ( XXXX ) comprises a group of international companies which provide investment advice and market asset management products and services to clients around the world. \n\nThe XXXX XXXX will be XXXX XXXXXXXX XXXX XXXX ( XXXX ) XXXX XXXX the Portfolio XXXX ), a private limited company incorporated under the laws of XXXX and XXXX, and authorized and regulated by the XXXX XXXX XXXX XXXX XXXX with permission to manage investments. XXXX. XXXX XXXX XXXX, a XXXX XXXX corporation and an investment advisor registered with the United States Securities and Exchange Commission, will provide subadvisor services to the Portfolio Manager. \n\nEach of the Portfolio Manager and XXXX. XXXX XXXX XXXX. are wholly-owned subsidiaries of XXXX. As of XX/XX/XXXX, XXXX managed approximately U.S. dollars XXXX XXXX of assets, of which approximately XXXX dollars XXXX XXXX related to XXXX affiliated assets ( including those managed by joint ventures and certain other JSXinvestment advisor subsidiaries, but not including assets sub-advised to third party managers ) and approximately U.S. dollars XXXX XXXX related to client assets.JSX manages more than U.S. dollars XXXX XXXX in fixed income investments. JSXs managed fixed income investments include investment grade bonds, high yield bonds, private investments, leveraged loans, municipal bonds and mortgage loans. XXXX presently has more than 2,000 employees worldwide. \n\nPersonel Information regarding the background and experience of key personnel who are expected to be involved, directly or indirectly, in the selection and management of the XXXX XXXX XXXX is set out below. Such persons may not necessarily continue to be employed by XXXX for the entire term of the Portfolio Management Agreement and/or may not perform or continue to perform services in relation to the Global Reference Portfolio or the Portfolio Management Agreement. \n\nXXXX XXXX, Vice President, Senior Portfolio Manager, XXXX XXXX and XXXX XXXX XXXX joined XXXX in XXXX and is a Senior Portfolio Manager responsible for managing credit derivatives, synthetic CDOs, and preferred stock portfolios. Since joining, XXXX XXXX has been involved in building XXXX 's credit derivatives portfolio. Prior to AIGGIG, XXXX XXXX worked with XXXX as a Corporate Bond Strategist. His responsibilities there included developing quantitative and relative value tools, portfolio strategy, credit derivatives, and risk management. Prior to XXXX, he was at XXXX XXXX in their XXXX XXXX XXXX XXXX. Prior to that, he worked as a XXXX XXXX XXXX at XXXX XXXX XXXX XXXX. XXXX XXXX received an XXXX in XXXX from XXXX University of XXXX XXXX and a XXXX  in XXXX from XXXX XXXX XXXX XXXX in XXXX. \n\nXXXX XXXX, Vice President, Senior Credit Analyst, High Grade Fixed Income XXXX XXXX joined XXXX in XXXX. He is primarily involved in high grade credit research and oversees the global consumer cyclical research team. In addition, he has regional sector responsibility for XXXX XXXX, building materials, and general industrials. Prior to this role, XXXX XXXX was a portfolio manager responsible for managing a range of XXXX and XXXX balance sheet and total return portfolios. Prior to joining XXXX, he worked as a portfolio manager in the XXXX XXXX XXXX subsidiary of XXXX XXXX XXXX XXXX. XXXX XXXX is a qualified Accountant and is an Associate Member of the XXXX XXXX XXXX XXXX XXXX ( XXXX ). He received a XXXX  ( Honours ) in XXXX XXXX XXXX from XXXX XXXX XXXX and is an Associate Member of the XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). \n\nXXXX XXXX, Senior Managing Director, Head of Global Fixed Income XXXX XXXX joined XXXX with the acquisition of XXXX XXXX XXXX XXXX ( XXXX ) in XXXX and is responsible for XXXX 's Global Fixed Income operations. As Chief Investment Officer of XXXX since XXXX, XXXX XXXX was responsible for overseeing all aspects of AGIMs business. Prior to AGIM in XXXX, XXXX XXXX served as Vice Chairman, General Counsel, and Chief Investment Officer of XXXX XXXX XXXX, a U.S. dollars XXXX XXXX annuity company, based in XXXX, XXXX. XXXX XXXX began his career at XXXX XXXX XXXX in XXXX. After two years with the firm, XXXX XXXX moved to XXXX XXXX XXXX, XXXX. where he was a partner in the corporate finance and securities section of the firm. XXXX XXXX received an XXXX ( cum laude ) in  XXXX from XXXX University and a XXXX  from XXXX University XXXX XXXX. He is also a member of XXXX XXXX XXXX. \n\nXXXX XXXX, Vice President & Senior Investment Manager,  Emerging Markets Fixed Income XXXX XXXX joined XXXX in XXXX as a Senior Investment Manager contributing to the Emerging Market Bond Team. He focuses on portfolio management of local currency debt as well as sovereign debt. XXXX XXXX was previously the London-based emerging market currency strategist for an affiliate, XXXX XXXX XXXX. \n\nXXXX XXXX began his investment career when he joined the XXXX member companies in XXXX, following roles at the XXXX for XXXX, the XXXX XXXX, and the Permanent Representation of XXXX to the XXXX XXXX. He received a degree in XXXX from the University XXXX XXXX and a XXXX in XXXX of the XXXX XXXX from the University of XXXX. \n\nXXXX XXXX, Managing Director, Co-Head of High Yield ( Please see public Article ... .. ) XXXX XXXX XXXX XXXX as Head of High Yield Research in 2001 with the acquisition of XXXX XXXX XXXX XXXX became a high yield Portfolio Manager for XXXX in XX/XX/XXXX and Co-Head of High Yield in XXXX. At AGIM, XXXX XXXX served as the media/communications group head. XXXX XXXX was with XXXX XXXX of California where he most recently served as Vice President covering the media and communications sectors. Prior to that, XXXX XXXX served as Vice President in the media and communications groups of XXXX XXXX and XXXX XXXX. He also worked as an associate in corporate finance at XXXX XXXX XXXX XXXX. XXXX XXXX began his career in the audit division of XXXX XXXX XXXX XXXX  He received a XXXX, summa cum laude, in XXXX from XXXX, and an XXXX from the University of XXXX, XXXX. He is a member of XXXX XXXX XXXX. \n\nXXXX XXXX, Managing Director, Head of High Grade Corporate Bond Trading XXXX XXXX joined XXXX in XXXX and is a Managing Director and Head of High Grade Corporate Trading, overseeing trading for both the XXXX XXXX and XXXX trading desks. XXXX XXXX also is responsible for trading U.S. corporate bond and credit derivative markets for the airlines, autos, energy, and REITs sectors. Since joining XXXX, XXXX XXXX has been involved in integrating trading teams from both XXXX and XXXX XXXX, as well as the high grade team in XXXX. Prior to joining XXXX, XXXX XXXX was a Fixed Income Trader and Portfolio Manager for XXXX XXXX and a Management Associate with XXXX XXXX XXXX. XXXX XXXX received a XXXX in XXXX XXXX   XXXX from XXXX XXXX. \n\nXXXX XXXX, Managing Director, Head of XXXX XXXX Debt XXXX XXXX joined XXXX in XXXX and is Head of Emerging Markets Debt. He is responsible for the portfolio management of emerging sovereign strategies in hard and local currencies and credit default swaps for internal and non-affiliated clients. Prior to his current position and responsibilities at XXXX, his responsibilities included portfolio management of single currency U.S. Dollar, Sterling, and Irish Punt portfolios as well as global bond portfolios. XXXX XXXX is a member of the Fixed Income Asset Allocation Team and also represents emerging markets debt in the Global Asset Allocation Committee meetings. He received a XXXX ( Honours ) in XXXX XXXX XXXX from the University of XXXX. \n\nXXXX XXXX, Vice President, Trader, High Grade Fixed Income XXXX XXXX joined XXXX in XX/XX/XXXX and is currently based in XXXX XXXX, and is responsible for trading dollars in the following sectors : Aerospace/Defense, Healthcare, Homebuilders, Hotels, Gaming, Consumer Products, Retail and Supermarkets. XXXX XXXX was based in XXXX from XX/XX/XXXX to XXXX of XXXX, where he traded dollars, euros and sterling in the following sectors : Autos, XXXX Chemicals, Metals, Supermarkets, Retail, Sovereigns, Supranationals, U.S. treasuries and U.S. agencies. From XX/XX/XXXX to XX/XX/XXXX, XXXX XXXX was based in XXXX XXXX and traded Consumer Products, Defence, Banks, Brokers, Healthcare, Sovereigns, Supranational,  Agencies, other services and all floating rate paper. Upon joining XXXX, he worked in the Systems Department as a Front Office Systems Analyst where he implemented several different fixed income and equity analytical systems. Prior to joining XXXX, XXXX XXXX was a Senior Pricing Analyst at XXXX XXXX XXXX. He received a XXXX in XXXX XXXX and a Minor in Economics from the University of XXXX XXXX. He holds Series 7 and 63 licenses and the XXXX XXXX XXXX. \n\nXXXX XXXX, Fixed Income Trader, Investment Grade Fixed Income XXXX XXXX joined XXXX in XXXX and is a member for the XXXX High Grade team trading Financials, Utilities, Defence, Pharmaceuticals, and Consumer Products in both cash and CDS. Prior to joining XXXX, XXXX XXXX was an underwriting trainee at XXXX. He received a XXXX in XXXX from XXXX University. \n\nXXXX XXXX, Managing Director, Head of Fixed Income Trading Desk, XXXX XXXX XXXX joined XXXX in XXXX and is the Head of Fixed Income Trading in XXXX. His responsibilities include trading corporate bonds and credit default swaps within balance sheet and total return portfolios. XXXX XXXX also manages three other traders in the XXXX office and is the dedicated emerging market trader focusing on both hard currency and local government markets. \n\nPreviously, XXXX XXXX was at XXXX XXXX XXXX, most recently as a Fixed Income XXXX. Prior to XXXX, he was employed by XXXX XXXX XXXX XXXX and XXXX XXXX Overseas Division in different capacities in the money market area. XXXX XXXX received his Investment Management Certificate and completed the Security and Financial Derivatives Examination. XXXX XXXX, XXXX, Vice President, Investment XXXX, Fixed Income Investment Grade XXXX XXXX joined XXXX in XXXX as a Fixed Income Investment XXXX. Her primary responsibility includes managing single currency portfolios with a credit bias. She began her career as an Investment Manager for XXXX XXXX XXXX on the XXXX XXXX XXXX team specializing in XXXX credit portfolios. \n\nXXXX XXXX graduated from XXXX University with a XXXX  degree in XXXX. She has completed the XXXX XXXX XXXX and XXXX. XXXX XXXX is a member of the XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX  ). She is a CFA charterholder. \n\nXXXX XXXX, Chief Credit Officer, Global Fixed Income XXXX XXXX joined XXXX in XXXX and is the Chief Credit Officer for Global Fixed Income with responsibilities that span various asset classes and geographies. \n\nHe also chairs XXXX XXXX XXXX XXXX. Prior to his current duties, XXXX XXXX served as Managing Director of High Grade Fixed Income Research, where he oversaw a team of 16 investment professionals responsible for over U.S. dollars XXXX XXXX in assets. Prior to joining XXXX, XXXX XXXX worked for New York XXXX XXXX XXXX for 12 years, serving as an analyst covering various industry sectors, then as a manager in various credit functions. Previously, he worked in the Controller 's Department of XXXX XXXX XXXXXXXX for 6 years where he focused on investment accounting, mergers and acquisitions, competitive analysis and strategic planning. XXXX XXXX is a member of the XXXX XXXX Society of Security Analysts and has served on the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, where he remains a member. He holds an XXXX in XXXX from XXXX XXXX University 's XXXX XXXX XXXX XXXX and a XXXX in XXXX  from XXXX University. \n\nXXXX XXXX, XXXX, Managing Director, Fixed Income Capital Markets of XXXX XXXX XXXX is responsible for XXXX Matched Investment Program, as well as coordinating XXXX other fixed income capital markets initiatives. \n\nXXXX XXXX is also responsible for overseeing XXXX Structured Credit business including investments in third-party-managed CDO transactions and issuance of XXXX XXXX transactions. XXXX XXXX held a similar position at XXXX where she also directed the firms investments in asset-backed and commercial mortgage-backed securities. XXXX XXXX joined XXXX with the acquisition of XXXX in XXXX, and XXXX XXXX in XXXX as a member of the real estate group. 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He is a XXXX charterholder. \n\nXXXX XXXX, Vice President, Senior Investment XXXX XXXX XXXX joined XXXX in XXXX and is a Vice President and Senior Investment Manager responsible for interest rate and currency and credit risk on both multi-currency and single currency bond portfolios. Since joining XXXX, he has been in charge of initiating both XXXX and XXXX XXXX products. \n\nXXXX XXXX industry experience began in XXXX at JP Morgan Investment Management where he was responsible for managing single and multi-currency bond portfolios on behalf of pension funds and private clients. During his 11 years at JP Morgan, XXXX XXXX undertook positions in capital markets research, fixed income trading and portfolio management focusing on risk management techniques, use of derivatives and macro economic analysis. XXXX XXXX holds a BSc degree ( honours ) in XXXX XXXX  XXXX from the University of XXXX. 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