{"took":262,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":21,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"10541069","_score":14.645398,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Date : XX/XX/XXXX, XXXXUpdated Information XXXXXXXX XXXX XXXX XXXX Director Federal Bureau of Investigation ( FBI ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Director Bureau of Consumer Protection Federal Trade Commission ( FTC ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attorney General U.S. Department of Justice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Chief Internal Revenue Service XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Acting Director U.S. Secret Service XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX U.S. Department of Homeland Security XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Foreign Corrupt Practices Act ( FCPA ) Unit U.S. Department of Justice, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA Federal Savings Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Georgia Attorney General XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX U.S. Department of Justice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Non-Negotiable Notice of Rescission of Permission to Share Private Information Breach of Fiduciary Duties, Claims of Cestui Que Trust Fraud, Aggravated Identity Theft, Unauthorized Use of Assets , Breach of Fiduciary Duty, and Other Federal Violations of Embezzlement, Money Laundering, XXXX XXXX, Extortion, XXXX Slavery, CRIMINAL Prosecution Notice to Principal is Notice to Agent ; Notice to Agent is Notice to Principal. \n\" Fraud vitiates the most solemn Contracts, documents, and even judgments. '' This quote from U.S. vs. XXXX, 98 US 61, at pg. 65 confirms that fraud nullifies any agreement, document, or even judgment that is based on fraudulent activities. As such, any contractual agreement I may have signed is rendered void due to the fraudulent actions of the involved parties. \nI, XXXX XXXX XXXX, the living woman, XXXX XXXX , and sole beneficiary of the Estate of XXXX XXXX XXXX , hereby issue this NON-NEGOTIABLE NOTICE OF RESCISSION OF PERMISSION to share, disclose, transfer, or distribute my private, personal, or estate information in any form, electronic or otherwise, by any entity, corporation, government agency, individual, or other legal body. This rescission applies to any and all permissions or consent that may have been previously assumed, granted, or implied. \nThis is a formal, non-negotiable notice of rescission of any and all permissions, explicit or implied, to share, distribute, disclose, or otherwise use my private information for any purposes, effective immediately. This includes unauthorized sharing of personal data such as Social Security numbers, tax identification numbers, financial details, and other personally identifiable information ( PII ). \nXXXXnauthorized Administration of Estate and Revocation of IRS Form 2848 Power of Attorney I, XXXX XXXX XXXX, XXXX of the Estate of XXXX XXXX XXXX , hereby notify you of the unauthorized administration of the estate and the immediate revocation of any Power of Attorney ( IRS Form 2848 ) previously granted. Any criminal misuse of my estate or identity by trustees or financial institutions will result in legal action and criminal prosecution. \nRevocation of IRS Form 56 and 56-F I hereby REVOKE any and all IRS Form 56 ( Notice Concerning Fiduciary Relationship ), and IRS Form 56-F filed on my behalf regarding any fiduciary relationship that may have been established without my consent or knowledge. This revocation is immediate, and I demand that the IRS recognize that no individual, agency, or entity has the authority to act in a fiduciary capacity for my estate or private trust without my explicit, written, and signed consent. \nAll previous appointments of fiduciaries are null and void as of this notice, and any actions taken based on such authority will be deemed fraudulent and subject to criminal prosecution. \nUnauthorized Use of Financial Information and Breach of Fiduciary Duty The named Corporations have been unlawfully requiring Federal Reserve notes as payment when, in fact, the application with financial information ( social security number ) attached serves as an asset that satisfied the monthly obligation pursuant to 12 CFR 360.6 ( 2 ). Additionally, this is considered self-liquidating paper under 17 CFR 260.11b-6, and its unauthorized use constitutes a breach of fiduciary duty under U.C.C. 3-307. \nI have received no benefit as the beneficiary of the Cesti Que Trust Account for XXXX XXXX XXXX from any unauthorized use of my financial information and assets. Therefore, this serves as formal notice that if the aforementioned financial assets are not returned to the creditor/bailor/beneficiary via mail or accepted for their intended purpose within three ( 3 ) business days of the recipient receiving this notice, a complaint with the Securities and Exchange Commission ( SEC ) pursuant to 17 CFR 240.15c1-2 and 17 CFR 240.10b-5. \nMoreover, an IRS complaint will be submitted for abusive tax schemes, Corporate Corruption involving the SEC-filed trust arrangement, supported by the following legal provisions under 18 U.S. Code : Application of 12 CFR 1026.13, Extension of Credit, and Definition of Account Since the inception of the account, which is defined under 12 CFR 1002.2, it is recognized as an extension of credit, with the term account specifically referring to open-ended credit. The nature of open-end credit is governed by Truth in Lending regulations ( 12 CFR 1026.2 ), which apply in this case. \nThe unauthorized administration of this open-end credit account, along with the failure to properly apply credits in my favor, supports my claims of fraud and improper handling of credit and personal information, thus furthering my rescission of permission for any entity to continue using or sharing this information. \nViolation of Anti-Discrimination Regulations In accordance with federal law and U.S. Department of the Treasury policy, this institution is prohibited from discriminating on the basis of race, color, national origin, XXXX, age, or disability. \nDiscriminatory practices have occurred ; I have submitted a formal complaint to the U.S. Department of the Treasury, Office of Civil Rights and Equal Employment Opportunity, per the following details : Mail : U.S. Department of the Treasury, Office of Civil Rights and Equal Employment Opportunity, XXXX XXXX XXXX. XXXX, XXXX, D.C. 2XXXX Phone : ( XXXX ) XXXX Fax : ( XXXX ) XXXX Email : XXXX Cestui Que Trust Fraud and Account Number Disclosure This also serves as a notification of Cestui Que Trust fraud related to the following accounts and exemption identifiers : Exemption ID Number : XXXX UCC Contract Account Number : XXXX Value : {>= $1,000,000} Any further unauthorized activity related to these accounts will be subject to immediate legal action and prosecution for fraud and breach of fiduciary duties. \nRequest for Accounting Ledger and Disclosure Pursuant to Uniform Commercial Code ( UCC ) 9-210, I hereby make a formal demand for the full accounting ledger of all transactions, credits, debits, securities, and collateral associated with all accounts under my name, estate, and private trust. This includes, but is not limited to : Checking and savings accounts Loan accounts Corporate accounts Insurance policies and claims Trust accounts I expect this information to be delivered to me in writing via certified mail within three ( 3 ) business days of receipt of this notice. \nThis notice is issued under the following grounds of violation and legal claims : Cestui Que Trust Fraud Aggravated Identity Theft Forgery of Signature on Contracts False Credit Reporting Discrimination as a Native American Non-U.S. Citizen, American National Fraudulent Reporting of Accounts and Transactions Embezzlement of Corporate Accounts Securities Fraud Insurance Fraud Mail Fraud and Wire Fraud Accounting Fraud Social Security Fraud Tax Evasion and False Exemptions or Deductions XXXX XXXX Grand Theft Larceny Collusion with the Federal Reserve Bank ( FRB ) Violations of FDIC, FCRA, FDCPA Breach of Fiduciary Duties and Criminal Conversion of Accounts held in Private Trust Civil Rights Violations Foreign Corrupt Practices Act of 1977, as amended ( 15 U.S.C. 78dd-1, et seq. ) Additionally, this rescission notice extends to fraud and copyright infringement in connection with the use or falsification of the following personal, corporate, and trust-related instruments : SSA-89 Form Securities related to the XXXX XXXX XXXX Estate Treasury Direct Account XXXX XXXX Applicable Federal Statutes and Legal Violations : 1. 15 U.S. Code 1692 - Fair Debt Collection Practices Act ( FDCPA ) Governs debt collectors ' practices, prohibiting abusive, deceptive, or unfair actions when collecting debts. \n2. 15 U.S. Code 1693 - Electronic Fund Transfer Act ( EFTA ) Protects consumers from unauthorized electronic transactions and provides error resolution processes. \n3. 18 U.S. Code 4 - Misprision of Felony Requires individuals aware of a felony to report it ; failure to do so can lead to prosecution. \n4. 18 U.S. Code 1589 - Forced Labor Prohibits coercing someone into providing labor through threats, violence, or manipulation. \n5. 18 U.S. Code 876 - Mailing Threatening Communications Criminalizes sending threats or extortion attempts through the mail. \n6. 18 U.S. Code 1341- Mail Fraud Criminalizes the use of the postal service in schemes to defraud individuals or entities of money or property. \n7. 18 U.S. Code 1343- Wire Fraud Similar to mail fraud, but applies to schemes using electronic communications ( e.g., phones, email, internet ). \n8. 18 U.S. Code 1346- Scheme or Artifice to Defraud Defines fraudulent schemes, particularly in cases where public officials or corporate executives deprive others of honest services. \n9. 18 U.S. Code 1593A - Benefitting Financially from Peonage, Slavery, and Trafficking in Persons Punishes those who knowingly benefit financially from XXXX XXXX XXXX, or forced labor. \n10. 31 U.S. Code 3729 ( a ) ( 1 ) - False Claims Act ( FCA ) Makes it illegal to knowingly submit false or fraudulent claims to the government for payment. \n11. U.C.C. 3-603 - Tender of Payment Obligates a creditor to accept tender of payment for a negotiable instrument, thereby discharging the debt. \n12. U.C.C. 3-604 - Discharge by Cancellation or Renunciation Allows for a debt obligation to be discharged when the creditor cancels or renounces their right to collect the debt. \n13. U.C.C. 3-605 - Discharge of Secondary Obligors Governs the discharge of secondary obligors ( e.g., co-signers ) when specific actions are taken by the creditor. \n14. FDIC 6000, Title VI 908 - Error Resolution ( Treble Damages ) Provides procedures for resolving errors in bank accounts and transactions, including the possibility of tripling damages ( treble damages ) in cases of violations. \nFederal Credit Reporting Violations - FCRA The Fair Credit Reporting Act ( FCRA ) governs the activities of credit reporting agencies like XXXX, XXXX, and XXXX. Violations may include failure to ensure accuracy or unauthorized sharing of credit information. \n15. 15 U.S.C. 1681n - Willful Noncompliance with FCRA 1. This statute imposes liability for willful violations of the FCRA, including failure to correct inaccurate credit information or unauthorized dissemination of credit reports. \n16. 15 U.S.C. 1681o - Negligent Noncompliance with FCRA 1. This addresses negligent failure to comply with the FCRA, such as failure to maintain accurate records or provide adequate dispute resolution. \n17. 15 U.S.C. 1681q - Obtaining Information Under False Pretenses 1. This criminalizes the unauthorized or fraudulent acquisition of credit report information. \nFederal Criminal Codes Related to Trust and Estate Fraud 1. 18 U.S.C. 1341 - Mail Fraud o This statute criminalizes the use of the postal service to carry out fraudulent schemes. If any fraud involving the Cestui Que Trust was conducted using the mail system, it would fall under this statute. \n2. 18 U.S.C. 1343 - Wire Fraud o Wire fraud occurs when electronic communication ( email, phone, internet ) is used as part of a scheme to defraud. This could apply if fraudulent administration or embezzlement of trust assets occurred via electronic means. \n3. 18 U.S.C. 371 - Conspiracy to Commit Fraud o This statute can be used if multiple parties, including corporate executives, conspired to commit fraud related to the administration of the Cestui Que Trust. \n4. 18 U.S.C. 656 - Embezzlement by Bank Officers or Employees o This law addresses embezzlement by officers or employees of financial institutions. It may be applicable if USAA or another financial institution was involved in unauthorized activities related to trust funds. \n5. 18 U.S.C. 664 - Embezzlement from Employee Benefit Plan o This statute covers embezzlement from employee benefit plans, but may also extend to trust funds depending on how they are managed. \n6. 18 U.S.C. 1344 - Bank Fraud o Bank fraud involves schemes to defraud a financial institution, which could include improper handling of trust accounts or assets. \n7. 18 U.S.C. 1956 - Money Laundering o Money laundering applies if fraudulent trust funds were funneled through various financial institutions to conceal their origin. \nThis document serves as a final and irrevocable statement that all aforementioned parties must cease and desist from any further unlawful use, sharing, or handling of my private information and assets. Any entity, government agency, or person found in violation will be subject to prosecution for damages and breaches under applicable local, national, and international law. \nThis notice applies to USAA, XXXX of XXXX, XXXX, XXXX, and XXXX executives for unauthorized administration, fiduciary breaches, and embezzlement. The beneficiary seeks criminal prosecution and assistance from the U.S. Secret Service and Homeland Security due to extortion, XXXX XXXX, forced labor against the will of the beneficiary, and FCRA violations. Additionally, USAA has failed to honor its oath and fiduciary duties, resulting in false claims, embezzlement, and money laundering. XXXX, XXXX, and XXXX are accused of receiving kickbacks and engaging in discrimination against a non-U.S. citizen American national. \nThere are also missing payments regarding consumer loan # XXXX after communication with USAA charge-off employee # XXXX. \nBroker-dealer fraud refers to misconduct by brokers or financial advisers that results in harm to their clients, often through unethical, deceptive, or illegal activities. This type of fraud can involve violations of federal securities laws and regulations, and it typically occurs in situations where brokers are responsible for managing or advising on investments. \nTypes of Broker-Dealer Fraud 1. Unauthorized Trading : o Executing trades without the clients authorization or knowledge. \n2. Churning : o Excessive trading in a clients account to generate commissions for the broker. \n3. Misrepresentation or Omission : o Providing false or misleading information about securities or failing to disclose important information, such as the risks associated with an investment. \n4. XXXX Schemes : o Promising high returns on investments while using new investors money to pay returns to earlier investors. \nXXXX. Failure to Execute Client Instructions : o Refusing or failing to execute a trade as directed by a client, especially if it benefits the broker at the client 's expense. \nXXXX. Unsuitable Investments : o Recommending investments that are not suitable for the client 's financial situation, goals, or risk tolerance. \nXXXX. Overcharging or Hidden Fees : o Charging excessive fees or not disclosing the full costs of trading or managing investments. \n\nFederal Laws and Regulations Governing Broker-Dealer Conduct Broker-dealers are primarily regulated by the Securities and Exchange Commission ( SEC ) and the XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) . The following federal laws and rules are relevant in cases of broker-dealer fraud : 1. Securities Exchange Act of 1934 ( 15 U.S.C. 78j ) : o Section 10 ( b ) and Rule 10b-5 under the Securities Exchange Act of 1934 prohibit fraudulent and manipulative practices in connection with the purchase or sale of securities. \no Rule 10b-5 is particularly broad and prohibits any act or omission resulting in fraud or deceit in connection with securities transactions. \n2. Investment Advisers Act of 1940 ( 15 U.S.C. 80b-6 ) : o Section 206 of the Investment Advisers Act prohibits fraud by investment advisers, which can include brokers who offer advisory services. This statute also prohibits misleading clients, engaging in manipulative trading, or failing to disclose conflicts of interest. \n3. XXXX Rules : o XXXX XXXXule 2010 : Brokers must observe high standards of commercial honor and just and equitable principles of trade. \no XXXX Rule 2111 : Suitability Rule requires that brokers ensure that their investment recommendations are suitable based on the customers financial profile and objectives. \no XXXX Rule 4512 : Requires accurate and updated information about clients financial situations to determine suitable investments. \n4. 18 U.S.C. 1348 - Securities and Commodities Fraud : o This statute criminalizes fraud in the securities and commodities markets and can apply to broker-dealers who engage in deceptive practices to defraud investors. \n5. 18 U.S.C. 1341 - Mail Fraud and 18 U.S.C. 1343 - Wire Fraud : o If a broker-dealer uses mail, electronic communications, or phone systems to carry out fraudulent schemes, they can be charged with mail or wire fraud. \n6. Racketeer Influenced and Corrupt Organizations Act ( RICO ) - 18 U.S.C. 1961-1968 : o Broker-dealer fraud that is part of a larger pattern of criminal activity ( such as ongoing XXXX schemes or repeated fraudulent acts ) may be prosecuted under RICO. \n\nUSAA Federal Savings Bank has faced significant penalties due to violations of anti-money laundering ( XXXX ) regulations under the Bank Secrecy Act ( BSA ). In XX/XX/XXXX, XXXX imposed a {$140.00} XXXX civil money penalty on USAA for failing to maintain an effective XXXX program between XX/XX/XXXX and XX/XX/XXXX. This included the banks failure to report thousands of suspicious transactions, some of which were linked to potential criminal activity in customers ' personal accounts. Of the {$140.00} XXXX penalty, {$80.00} XXXX was imposed by XXXX, while {$60.00} XXXX came from the Office of the Comptroller of the Currency ( OCC ), which had identified similar compliance failures. The OCC had previously fined USAA {$85.00} XXXX in XXXX for deficiencies in its risk management framework, particularly regarding compliance with laws designed to protect military service membersThe recent regulatory actions underscore ongoing concerns about USAA 's internal controls and compliance with federal regulations aimed at preventing financial crimes. \nConclusion and Demand for Immediate Action This notice serves as a final and irrevocable statement. If the referenced financial assets are not returned or accepted for their intended use within three ( 3 ) business days, complaints will be filed with the SEC, IRS, and Department of Justice, as outlined above. \nYou are hereby directed to cease and desist any further unlawful handling of my private information, estate, or financial instruments. Any breach of this notice will result in further legal action for fraud, breach of fiduciary duties, and violations of federal law. \nFraud nullifies contracts : As affirmed by U.S. vs. XXXX, 98 US 61, pg. 65, fraud vitiates the most solemn contracts, documents, and even judgments. Any contractual obligation involving fraud is hereby null and void. \nSigned, XXXX XXXX XXXX Executrix/Sole Beneficiary UCC 1-308 Without Prejudice/Without XXXX Living Woman ; XXXX XXXX ; XXXX XXXX Principal Secured Party Master Account Holder Power of Attorney-in-Fact Certified Document : XXXX XXXX XXXX Estate EIN # : XXXXEstate EIN # : XXXX XXXX XXXX INDIVIDUAL PRIVATE BANKER CFO XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX # : XXXXDOMESTIC FOREIGN GRANTOR TRUST ( PRIVATE ) , AND 98-FOREIGN TRUST ( PRIVATE ) TIN # : XXXX XXXX # : XXXX TREASURY DIRECT ACCT : XXXX","date_sent_to_company":"2024-10-22T16:28:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30291","tags":"Servicemember","has_narrative":true,"complaint_id":"10541069","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"UNITED SERVICES AUTOMOBILE ASSOCIATION","date_received":"2024-10-22T16:07:52.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["XXXX, XXXX, D.C. 2XXXX Phone : ( XXXX ) XXXX Fax : ( XXXX ) XXXX Email : XXXX Cestui Que Trust Fraud and <em>Account</em> Number Disclosure This <em>also</em> <em>serves</em> as a notification of Cestui Que Trust fraud related to the following <em>accounts</em> and <em>exemption</em> identifiers : <em>Exemption</em> ID Number : XXXX UCC Contract <em>Account</em> Number : XXXX Value : {>= $1,000,000} Any further unauthorized activity related to these <em>accounts</em> will be subject to immediate legal action and prosecution for fraud and breach of fiduciary duties."]},"sort":[14.645398,"10541069"]},{"_index":"complaint-public-v1","_id":"6791118","_score":14.256098,"_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":["<em>Which</em> when the deduction occurs the ending balance is only XXXX XXXX dollars. But unfortunately the Bank when making a XXXX XXXX loan the banks <em>assets</em> and liabilities are not decreased but increased. The banks <em>assets</em> 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 <em>Assets</em>=Demand Deposits plus owners equity this <em>account</em> is in perfect balance."]},"sort":[14.256098,"6791118"]},{"_index":"complaint-public-v1","_id":"8172578","_score":13.579795,"_source":{"product":"Mortgage","complaint_what_happened":"I applied for a mortgage with Navy Federal Credit Union on XX/XX/XXXX and received an adverse action notice. The 2 main issues that I have with this denial is potential securities fraud due to the pooling and securitization of my application along with using clearing firms to process receivables which come from applications, which NFCU has stated that it does during its regular course of business in it's XXXX XXXX Report, and discrimination against my XXXX XXXX which is prohibited. \n\nI wish to bring to your attention that adverse action against a consumer, as per a denial, is in violation of the Equal Credit Opportunity Act, which is codified in 15 USC 1691 ( c ). This act also establishes civil liability under 15 USC 1692 ( k ). The documentation of adverse action, in this case, would serve as evidence of potential discrimination, holding Navy Federal Credit Union accountable for possible violations of 15 USC 1691.\n\nAccording to 12 CFR 1002.7 - Rules concerning extensions of credit, a creditor is explicitly prohibited from refusing to grant an individual account to a creditworthy applicant on the basis of various factors, including XXXX, marital status, race, XXXX, religion, national origin, or any other prohibited basis. \n\nA prohibited basis is defined as : race, XXXX, religion, national origin, XXXX, marital status, or age ( provided that the applicant has the capacity to enter into a binding contract ) ; the fact that all or part of the applicant 's income derives from any public assistance program ; or the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act or any state law upon which an exemption has been granted by the Bureau. Navy Federal Credit Union 's denial may be perceived as a breach of these regulatory provisions. I believe that Navy Federal Credit Union would be in violation of 15 USC 1642, USC 1681 ( m ), and 12 CFR 100XXXX because my application was exercised in good faith in accordance with my rights under the Consumer Credit Protection Act, but for credit to not be issued due to discrimination against a score issued by a reporting agency that would be discrimination. \n\nPlease note that 12 CFR 1002.9 ( b ) ( 1 ) states that : ( 2 ) Statement of specific reasons. The statement of reasons for adverse action required by paragraph ( a ) ( 2 ) ( i ) of this section must be specific and indicate the principal reason ( XXXX ) for the adverse action. Statements that the adverse action was based on the creditor 's internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditor 's credit scoring system are insufficient. \n\nAdditionally, the use of my social security number in the application process without receiving any benefit raises concerns of potential fraudulent activity ( unauthorized user RE : 15 USC 1682 ( ( p ) ) on behalf of Navy Federal Credit Union.\n\nIn light of Navy Federal Credit Union 's 2022 Annual Report, where the institution outlines its standard business operations, particularly in the securitization of mortgages during origination and the transfer of residential mortgage loans, I am seeking your assistance in gaining further clarification on the denial. \n\nUnderstanding the intricacies of securitization and sales transactions with continuing involvement, as detailed in the Annual Report, prompts me to address concerns about the potential securitization of my mortgage application without the corresponding issuance of credit. The trust instilled in the residential mortgage loan application process, where future mortgage sales are considered assets, could be compromised by securitizing my application without providing credit, which Navy Federal has stated is part of its regular course of business.\n\nAdditionally, the use of my social security number in the application process without receiving any benefit raises concerns of potential fraudulent activity, constituting unauthorized use as per 15 USC 1682 ( p ). This, coupled with the securitization process, brings into question the integrity of NFCU 's residential mortgage loan application system. \n\nGiven Navy Federal 's ability to securitize my application and utilize my social security number, I believe it's crucial to address these concerns promptly. Without the issuance of credit to compensate me for my participation in this transaction, valuable consideration has not been given, and I request the return of my credit application to ensure it is not securitized or valuable consideration to be given.\n\nIn light of these considerations, I am formally revoking any authorization for the use of my credit card ( also known in this case as a social security number ) for any purposes related to this application without the exchange of valuable consideration. Consequently, I am demanding the immediate return of my denied application and the removal of all associated information from Navy Federal Credit Union 's records if credit is not to be issued. I also am requesting the removal of this inquiry from my credit report as it represents a one-sided transaction where Navy Federal Credit Union received access to my credit while I received nothing. All records of this transaction should be removed if credit is not issued.\n\nIf Navy Federal fails to make any reasonable procedures to resolve this matter and compensate me for the use of my credit card, I will be forced to make Navy Federal Credit Union criminally and civilly liable for all actual damages pursuant to 15 USC 1681 ( n ) and 15 USC 1681 ( o ). I will also be be forced to pursue potential liability due to discrimination. Navy Federal has stated, \" We also obtained your credit score from this consumer reporting agency, XXXX, and used it in making our credit decision. '' This statement is in direct contradiction to this statement 12 CFR 1002.9 ( b ) ( 2 ) \" Statements that the adverse action was based on the creditor 's internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditor 's credit scoring system are insufficient. '' XXXX has directly violated my rights by discriminating against my credit score and by not returning my application to me to ensure that it is not securitized.","date_sent_to_company":"2024-01-14T13:58:29.000Z","issue":"Applying for a mortgage or refinancing an existing mortgage","sub_product":"Conventional home mortgage","zip_code":"23451","tags":null,"has_narrative":true,"complaint_id":"8172578","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2024-01-14T13:40:48.000Z","state":"VA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Application denials"},"highlight":{"complaint_what_happened":["The 2 main issues that I have with this denial is potential <em>securities</em> fraud due to the pooling and securitization of my application along with using clearing firms to process receivables <em>which</em> come from applications, <em>which</em> NFCU has stated that it does during its regular course of business in it's XXXX XXXX Report, and discrimination against my XXXX XXXX <em>which</em> is prohibited."]},"sort":[13.579795,"8172578"]},{"_index":"complaint-public-v1","_id":"10476462","_score":11.679733,"_source":{"product":"Credit card","complaint_what_happened":"This billing dispute applies to past, present and future certificates of indebtedness issued under the Discover Cardmember Agreement. \n\n{$1600.00} XXXX XXXX XXXXXX/XX/XXXX ) and {$1800.00} ( XXXX XXXX  ) error To whom this may concern, I have in my possession, the USPS registered mail tracking numbers ( XXXX ) corresponding return receipt with signature confirming my marketable treasury security/due bill sent ( at the time sent valued at {$1600.00} ) from XXXX  XXXX XXXX XXXX Florida XXXX XXXX XX/XX/XXXX at XXXX XXXX, was successfully delivered with a letter of instruction correspondence to XXXX XXXX XXXX at XXXX XXXX on XX/XX/XXXX in XXXX XXXX XXXX Illinois XXXX XXXX a proper place of payment. However, it was not honored. \n\nWhether it be refusal or destruction of the instrument, either instance would constitute discharge under Article 3 Sections 3-603 and 3-604 of the UCC. Under the Indenture between Discover Card Execution Note Trust ( DCENT ) and XXXX XXXX XXXX Association, Article 3 Section 306. ( b ) also provides procedure to the same effect. Notwithstanding, on page 1 of the Discover Cardmember Agreement under section Making Payments, subsection Payment Instructions it states You must pay in U.S. dollars. Please do not send cash. Sending cash is not allowed. The term cash is not defined under the Agreement, therefore I as the holder in due course can only assume the term is used in reference to Federal reserve notes which according 12 U.S. Code 411, are 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, thereby prohibiting me as an individual who is not a federal reserve agent from being able to utilize those particular instruments for any purpose. This raises the question of what form of legal tender am I to apply as payment in order to settle the claim?\n\nBefore addressing the question it is important first to understand how advances are made to Federal reserve banks. The Federal Reserve Banks XXXX XXXX XXXX. XXXX Effective XX/XX/XXXX, issued by each Reserve Bank, sets forth the terms under which an entity may obtain Advances from, incur Obligations to, or pledge Collateral to a Reserve Bank. Section 3.0 of said XXXX describes how An Advance must be secured by Collateral acceptable to the Bank. Advances can be done via the XXXX XXXX XXXX or by using the XXXX XXXX XXXX XXXX XXXX XXXX online application, where Borrowing entities can submit requests for Advances from and submit Collateral Schedules to the Reserve Banks, and communicate with the Reserve Banks about Advances and pledges of Collateral in accordance with Reserve Banks Operating Circular No. 10. Federal Reserve Act, Section 16 ( 2 ) states that such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be acquired under section 10A, 10B, 13, or 13A of the Federal Reserve Act, or purchased under the provisions of section 14 of said Act.\n\nGenerally, according to the official interpretation of 12 CFR Part 1002.7 ( d ) ( 4 ), a signature to make the secured property available is needed on a security agreement as a Bank may also require the Borrower to execute a promissory note and/or documents or additional relevant agreements such as the Discover Cardmember agreement at any time including after each statement date with respect to an Advance, and I am of sufficient age and competency to understand the act of indorsing and giving receipt. I have invested into Discover by way of my application which is a promissory note because it is a signed document that is transferrable to 3rd parties and also promises a sum of payment. My deposit account with Discover also qualifies as an investment in the company. As discussed in the Discover prospectus, the credit card statement with attached payment coupon is in fact a class A definitive note issue representing principal charges and finance charges and other fees in an account designated for the master trust. By way of my signature, and not federal reserve notes the use of which I am prohibited, I have given the instrument marketable value where it can and will eventually be traded on the secondary market as Discover Bank is obligated to transfer these receivables to the depositor for subsequent transfer to the master trust on an ongoing basis for permitted investment purposes through what is described as a securitization transaction. Treasury Department XXXX XXXX. XXXX, Revised XX/XX/XXXX, also embodies regulations governing the Indorsement and Payment of Checks Drawn on the Treasurer of the United States for which the Federal Reserve serves as fiscal agent. As for transfers of assets in securitizations, the FDIC has not provided guidance on how to bring transfers to the master trust or the note issuance trust within alternative safe harbors for entities that do not meet the conditions of XXXX CFR XXXX ( d ) ( XXXX ). Furthermore, XXXX has previously declined to provide safe harbor protection for remuneration exchanged between wholly-owned entities, including parent entities and their wholly-owned subsidiaries. So while the parties involed intend to treat the transaction as a true sale as articulated in the prospectus, that premise stands in direct contrast to Article XXXX XXXX XXXX under the Indenture where it states ; Election Under Delaware Asset-Backed Securities Facilitation Act. Without limiting any other provisions of this Indenture or any Indenture Supplement, the parties hereto agree that ( a ) the transactions contemplated hereby constitute a securitization transaction. The re-characterization from a secured financing transaction in XXXX agreement to a true sale in the another for accounting purposes, is not only misleading, but it challenges the exemptions relied upon in any Volcher rule considerations as well as safe harbor which any resale of notes must be made in accordance with since the securitization transaction on its face is what would be construed by any governmental agency or instrumentality as the operation of a covered fund under Section 13 of the Bank Holding Company Act of XXXX or an investment company under Section 3 or 17 CFR 270.3a-7 of the Investment Company Act of 1940. This suggests Discover Banks involvement in secondary markets rely heavily on the perpetual manipulation of regulatory requirements if not outright securities fraud, e.g. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nAccording to XXXX XXXX XXXX Congress, Session I, XXXX  XXXX, XX/XX/XXXX, XXXX, XXXX ; every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy ; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. A due bill check as defined by FINRA Rule 11630 ( e ) under the Uniform Practice code is also a debt instrument that meets the mandate of Federal Reserve Act Section 16 ( 1 ) redeemable in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve bank. 18 U.S. Code 8 defines the term obligation or other security of the United States to include 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. \n\nAt any rate, as a result of XXXX XXXX XXXX XXXX, XXXX XXXX, and from that day forward ( XX/XX/XXXX ), no one has been able to lawfully pay a debt or lawfully own anything. The only thing one can do is tender credit in exchange of debts, with the debt being perpetual. The suspension of the gold standard, and prohibition against paying debts, removed the substance for our common law to operate on, and created a void as far as the law is concerned. This substance was replaced with a XXXX XXXX XXXX XXXX where debt is XXXX XXXX money. XXXX  XXXX was implemented immediately. The day after President XXXX signed the resolution, the treasury offered the public new government securities, minus the traditional payable in gold clause. 192 states that one can not demand a certain form of currency that they want to receive if it is dollar for dollar. In consideration that only XXXX XXXX exists in circulation with which to discharge debt ; and in order to facilitate lawful commercial transactions ; and in order to lawfully engage in commerce understanding the indenture trustee for Discover may only invest funds on deposit in any investor account in Permitted Investments ( See Sources of Funds to Pay the Notes General, and Limited Recourse to XXXX ; Security for the Notes under the prospectus )XXXX XXXX XXXX XXXX, shall tender with special indorsement, negotiable instruments or securities represented by instruments in registered form which evidence : ( a ) obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency of the United States of America, when those obligations are backed by the full faith and credit of the United States of America ; ( d ) investments in money market funds having the Highest Rating ; in adherence to public policy where as a result of my signature, an instrument becomes investment grade qualifying under at least 4 categories of issuers and acceptable securities/collateral for the 31 CFR Part 202 program.\n\nNow turning your attention back to addressing the question of what form of legal tender am I to apply as payment in order to settle the claim as an individual not authorized to use cash? Section : Making Payments subsection : Payment Instructions under the Discover Cardmember Agreement provides that All checks must be drawn on funds on deposit in the U.S.We can accept late payments, partial payments or payments marked payment in full or with any other restrictive endorsement without losing any of our rights under this Agreement. Therefore in order to remain in compliance both contractually and lawfully, XXXX XXXX M, against whom a claim is asserted, in good faith tendered a debt instrument/security with special indorsement to the claimant as full satisfaction of the claim for statement cycle XX/XX/XXXXXXXX XXXX  pursuant to UCC 3-311 and 8-509 ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and Article III Section 309. Cancellation under the Indenture between Discover Card Execution Note Trust and XXXX XXXX XXXX XXXX dated XX/XX/XXXX which states, all Notes surrendered for payment, redemption, transfer, conversion or exchange will be cancelled by the Indenture Trustee, and, if surrendered to any Person other than the Indenture Trustee, be delivered to the Indenture Trustee and, if not already canceled, will be promptly canceled by it. Although Discover is not necessarily obligated to accept the tendered payment, the specific act of tendering the payment absolves the debt pursuant to Article 3 Sections 3-603 and 3-604 under the UCC.\n\nAlso, Discover in their own words under section : Making Payments, subsection : Payment Instructions of the Discover Cardmember Agreement, presumably pursuant to 15 U.S. Code 1666d - Treatment of credit balances, state We credit your payments in accordance with the terms contained on your billing statement. Thus as directed, we then turn to page 2 of the billing statement under section Credit Balances where it very plainly states the following, If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you.We will send you a refund of any remaining balance of {$1.00} or more after 6 months, or as otherwise required by applicable law, or upon request made to the address in the Contact Us section on page 3 of your billing statement. As such, a request was made and it is my understanding that payments take 1-3 days to post to my account and show as available credit however, Discover did not promptly credit my account, via the Electronic Fund Transfer Act, the allocation of principal and interest accrued thereon from my payment coupon. Furthermore, at the top of page 2 under How We Apply Payments ' of the same section, it states very plainly, \" In all cases, we will apply payments and credits as required by applicable law. '' If that is indeed the case, then subsequent to my tender with special indorsement, the definitive security of which I am the holder in due course, after being correctly sent to XXXX XXXX XXXX at XXXX XXXX  on XX/XX/XXXX in XXXX XXXX, Illinois XXXX, the address designated to receive payment with correspondence in an envelope other than the one provided as per the Discover Cardmember Agreement, should have been converted to a book-entry security as collateral to secure funds of the United States . My account has yet to reflect the settlement of this transaction, therefore an investigation is warranted.","date_sent_to_company":"2024-10-16T18:43:59.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"34983","tags":null,"has_narrative":true,"complaint_id":"10476462","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2024-10-16T17:24:24.000Z","state":"FL","company_public_response":null,"sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["I have invested into Discover by way of my application <em>which</em> is a promissory note because it is a signed document that is transferrable to 3rd parties and <em>also</em> promises a sum of payment. My deposit <em>account</em> with Discover <em>also</em> qualifies as an investment in the company."]},"sort":[11.679733,"10476462"]},{"_index":"complaint-public-v1","_id":"5249754","_score":11.607366,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX IL XXXX XX/XX/XXXX VIA EMAIL and CFPB Bad Faith Letter and Claim Demand for to XXXX XXXX XXXX ( XXXX ) under Policy XXXX ; XXXX XXXX XXXX XXXX ( XXXX ), Issuer of Commitment XXXX ; The Fund, Underwriter ; and XXXX XXXX XXXX XXXX XXXX and its Board of Governors ( collectively XXXX ) as XXXX, XXXX and XXXX XXXX  XXXX XXXX. \n\nDear XXXX, XXXX, XXXX XXXX and XXXX : Please accept this correspondence as my formal written demand for XXXX, XXXX, and XXXX XXXX available policy limits under my XXXX XXXX XXXX policy XXXX and pursuant to XXXX guidelines about increased up to 150 % or {$250000.00}, to cover losses in transactions related to my purchase of property located at XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX IL XXXX which was illegally foreclosed by unknown to me parties to collect non-existing debt which I never had. \n\nThis is my Title insurance companys duty to investigate my Title before the closing to insure that here no not unknown to me clouds which can result in attacks on my Title ; and process a claim if there has been a loss when is not of the insureds wrongdoings. \n\nLegal Grounds for Demand : 1. Reasonability of Request : XXXX, XXXX, and XXXX XXXX issued and sold me a Title Insurance policy XXXX, effective date XX/XX/XXXX, in {$170000.00} coverage available for my loss. According to XXXX and XXXX Guidelines, this policy must automatically increase to 150 % after five years. This provision applied to my policy on XX/XX/XXXX. \n\n2. Duty to initiate a Settlement. Illinois has a well-established statutory and case law which requires insurers to attempt in good faith to effectuate settlements of claims in which liability has become reasonably clear. An insurer also has an implied duty to accept reasonable settlement demands on covered claims within the policy limits. The case law speaks of an insurers liability for breach of the duty of reasonable settlement. An insurer that breaches the implied covenant of good faith and fair dealing may be liable for the full amount of the judgment based on breach of contract. If the carrier fails to reasonable settle a case within policy limits, it may be exposed to bad faith liability.\n\n3. XXXX, XXXX, and XXXX XXXXXXXX Bad Faith and liabilities. Illinois common law defines bad faith as arbitrary, reckless, indifferent, or intentional actions or disregard of the interests of the person owed a duty ; however, in practice, bad faith presents itself as the insurance company placing its own interest ahead of its insured. To prevent insurers from acting in bad faith, Illinois imposes a duty to deal fairly & in good faith; exemplary damages, attorney fees for breach of contract. The definition of bad faith under Illinois law is arbitrary, reckless, indifferent, or intentional actions or disregard of the interests of the person owed a duty. \n\n4. XXXX  liability for its members misconduct. XXXX, XXXX, and XXXX  XXXX XXXX XXXX who establish Title Insurance industry customs, practices, standards and claims adjusting procedure. Trade Associations have liability if they purport to undertake a duty to consumers or employees within their industry, set standards, exert control over members of the association, make statements not supported by actual research, ect.\n\n5. Amount of Demand under Insurance Limits : $ {$250000.00} ( or 150 % after 5 years ) 6. Demand time limit : 30 calendar days from this letter, starts XX/XX/XXXX. \n\n7. Claims involved : This Demand is intended to settle only claims with XXXX, XXXX, and XXXX XXXX entities and their CEO/employees under my Insurance policy, and against XXXX and its Board members under Trade Association liabilities because if I am forced to proceed with the Court, XXXX will be definitely included in my list of Defendants. \n\n\nI reserve my right to proceed with claims against other parties such as XXXX XXXX, former XXXX CEO, now XXXX Mortgage ; XXXX XXXX  ; XXXX XXXX entities, et al ;, XXXX XXXX XXXX  ; XXXX XXXX XXXX XXXX, owner of XXXX XXXX XXXX, owner of XXXX XXXX, I nc. formerly XXXX XXXX XXXX XXXX XXXX, XXXX  who forged documents and initiated illegal foreclosure XXXX, XXXX  vs. XXXX ; and other parties involved in this scam. \n\nExemptions. \n\n\nExemption such as fake Mortgages with XXXX XXXX and XXXX XXXX is not applicable. \n\nI never had any mortgages in the original amount {$130000.00} and {$34000.00} with XXXX who was not the Lender but merely aggregator of my data for undisclosed to me XXXX XXXX  XXXX XXXX and its affiliates, XXXX XXXX XXXX XXXX XXXX ( now XXXX XXXX XXXX XXXX ; or from anyone else. Here were no money involved in my transaction paid to me or on my behalf. \n\n\n\nXXXX never loaned me any money and merely allowed to use their name on documents as a pretender lender to obtain my signature on Mortgage and Note which were used by XXXX XXXX in their securitization scheme, which was already established with the prior owner XXXX. During my transaction with XXXX and XXXX XXXX et. al, here already was a prior Pooling and Servicing Agreement already in existence and known to the title agent. If at the item of the loan closing there was an assignment and assumption agreement already in place. \n\n\n\nThus, the investors had already purchased so-called mortgage backed securities, that included a description of a temporary set of notes ( XXXX XXXX filings ), that would be replaced by real notes and security instruments pledged as security to the holders of so-called asset backed securities, and if the terms of the pledge within the SPV was an allocation of funds contrary to the terms of the note and mortgage, and if the title agent was aware of sufficient facts to put him on notice that ( a ) undisclosed third parties were involved in the transaction and ( b ) that undisclosed fees were being paid and ( c ) that this could create grounds for three-day rescission, but for the fact that the real lender has not been disclosed assuming all of that, because that is actually what happened does that not mean that there was actual knowledge by the title agent that there are dozens and perhaps hundreds of even thousands of people who have an equitable and legal interest in the security instrument encumbering the property. \n\nGenerally, the title policy does not require intervention of the carrier until there is a claim. But the errors and omissions carrier for the title agent when put on notice of the claim would have an immediate interest in mitigating the potential loss, and specially actual loss of the property. It is not that there is a hypothetical cloud on title, it is real from the moment that the transaction was consummated and even long before the transaction was consumated. \n\nI had no reason to suspect fraud when I signed mortgage and Note to disinterested parties XXXX since this information was intentionally and aggressively concealed and continues to be concealed from me. \n\nIt took me a substantial amount of time and money, including consultations with securities experts, to figure out that I became a victim of the biggest economic fraud operated by XXXX XXXX Banks who secretly entered lending market place, under glimpse of fake lenders to deceptively obtain home buyers signatures on documents which are used in their securitization ABOUT debt. \n\nI didnt know that during all time in question I was dealing with undisclosed to me investment bank, XXXX XXXX XXXX et al who made about 18500 % (!!! ) interest trading my identity on the open market, on top of their existing securitization scheme where actual money were involved only with prior owner XXXX XXXX, who sold it to XXXX XXXX in XXXX who sold it to me in XXXX. Neither XXXX or I never had any loans ( means nobody loaned us any real money ). We only received information about money, which does not constitute mortgage or loan or debt. \n\nIt was not known to me until recent time ; but it was known by XXXX who had duty to investigate my claim when I submitted it, which XXXX refused to do, acting in bad faith, and continue to refuse falsely claiming exemption of non-existing Mortgages with XXXX. \n\nI never had any mortgages with XXXX, who was not the Lender ; and XXXX did not assigned my alleged Mortgage to XXXX, which itself was an illegal transfer since ( 1 ) XXXX was not a lender ; ( 2 ) XXXX  was not XXXX  agent ; had no authority to accept such assignment and never accepted any Assignments from XXXX since according to XXXX  own words it is not a Mortgagee ; ( 3 ) assignment of mortgage ( even when the mortgage and the lender are legit ) without Note is legal nullity in all jurisdictions. \n\nXXXX XXXX banks  have figured out a way to parse every potential attribute of every actual and implied transaction. This has resulted in innumerable ways in which the documents are not only fabricated but inconsistent. Most people, including myself, wrongfully assumed that some transactions have been memorialized. In fact, no transaction has been memorialized, and the apparent and falsely implied transfer of the note conflicts with the apparent and falsely asserted transfer of the mortgage are actually in conflict. \n\nIt is for this reason all assignments of mortgage executed by XXXX  are void. XXXX  is only an agent and it is only an agent for a lender or a successor lender. All documents executed on behalf of XXXX  should announce, and sometimes do an ounce, that they are executed on behalf of a specific principle, as successor to the previous principal who could issue instructions to XXXX. \n\nIt is widely known and fully understood that XXXX is nothing more than a nominee and therefore a potential agent if a principal has a contractual relationship with XXXX. It disclaims any rights to payments, notes, mortgages, debts, or obligations. It has no interests of its own since it neither was involved in the lending or servicing of any transaction that was labeled as a loan. \nThis it can only serve as a potential agent to a master or principal who legally possesses some legal right, title, or interest to something ( asset, loan etc. ) and issues instructions to the agent to perform such acts as the master or principal has instructed. \nNo such instructions are ever issued by XXXX because no such set of instructions can claim, much less warrant, any right, title, or interest to any debt, obligation, note, or mortgage lien.\n\nSuccession as to ownership and authority over an alleged mortgage loan can only occur if one of two things occurs. A third party bona fide purchaser for value buys the loan account and assumes liability for any violations or problems or losses in the future OR third party bona fide purchaser for value buys the company who owns the loan account and assumes liability for any violations or problems or losses in the future. This has never been alleged or proven in any court of law or equity. \n\n\n\nAlleged Plaintiff XXXX XXXX  never had any of my documents ; and fake Assignment of Mortgage ( legal nullity ) prepared and recorded by XXXX XXXX XXXX dba XXXX XXXX XXXX XXXX XXXX on behalf of XXXX  to XXXX XXXX  is essentially void. Even IF XXXX were a real lender, they are bankrupt and non-existing since XXXX, as well as XXXX XXXX  XXXX which existed in name only. Thus, in XXXX here were no single party who can legally assign anything to XXXX XXXX  ; and assignment of Mortgage without Note by XXXX  who was not an agent to XXXX, is legal nullity in all jurisdictions. \n\n\n\nThe effective purchases of mortgages that must be memorialized by an assignment of mortgage that is attendant or contemporaneous with the purchase of the underlying alleged unpaid obligation due from the homeowner. Homeowners are misinformed about presumed existence of a valid loan and transfer of ownership and rights to administer, collect and enforce the alleged underlying obligation, which either never existed, like in my situation ; or has ceased to exist and is not reported as a loan account receivable on the accounting ledger of any person or business entity - like in XXXX XXXX transactions. \n\n\n\nThe reason for that is that the underlying obligation can ONLY be the original transaction that induced the homeowner to issue a note and mortgage in exchange of REAL money as a loan I never seen a cent loaned to me by XXXX ; I never received any confirmation from XXXX  that they accepted any mortgages from XXXX ; my Note is masterfully forged and missing from all records since the Judge criminally concealed purportedly original from my case records ; and XXXX as Plaintiff always refused to communicate with me and now claims that it has no relationship to this matter. \n\n\n\nHere is no one including XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX or XXXX  who ever claimed to be a holder in due course. But lawyers, who even did not know who was their client, argued as though they are entitled to the presumptions that attend the status of a holder in due course. \n\n\n\nXXXX XXXX, alleged Servicer has absolutely no records of my alleged loan or about this foreclosure. \n\nPlaintiff XXXX XXXX  and XXXX XXXX XXXXXXXX Master Servicer XXXX XXXX deny its involvement, even when I asked to provide me a proof of money after sale of my property to third party who is currently in illegal passion of stolen from me property. \n\n\n\nRealtor XXXX XXXX, who illegally sold my property, has no idea who was his client since he received all instruction from XXXX  website called XXXX XXXX XXXX or XXXX. \n\n\n\nI never saw any Notices of Default or any allegation or any proof that anyone suffered a default as a result of not receiving a payment from me. The reason is simple. If they were never entitled to receive the money there was no default. And if the default status has been transferred to third undisclosed parties then those parties must nevertheless be identified and satisfy the conditions precedent to making any claims to administer, collect or enforce. \n\n\n\nSince there is no allegation of financial harm, and no allegation of purchase of an existing unpaid underlying obligation, the constitutional requirements for a case in controversy are violated since my entire transaction was with undisclosed Investment Bank  who seek additional profits on top of enormous revenues received from all prior securitizations schemes, started from XXXX, information about which was passed to me as a loan in advancing an illegal scheme for profit. \n\n\n\nPermanent Illegal Lien in my property. In the case of lending actual money for my purchase, there would be easily confirmable supporting documents that show proof of payment from XXXX, along with an entry on the accounting ledger of the alleged lender showing a decrease in one asset category ( e.eg. Cash ) and a corresponding increase in another category of assets ( e.g. loans receivable or loan account receivable ) ; as well as proof of payment during all alleged sales No such documents or ledger entries occur in the world of securitization. Without a sale of the asset ( e.g. loan ) the representations and claims, correspondence, notices, allegations, and assertions in and out of court are without any foundation. What the major XXXX XXXX brokers did, was remove physical delivery and replace it with the appearance of physical delivery, so that production of a copy of the note along with some assertion, affidavit, or allegation about the note, would give rise to the assumptions that something real was happening to the note. In fact, it affirmatively appears that in most cases, the note was destroyed to prevent two fictional trees ( or more ) from growing from a lie.\n\n3. Unmarketable Title. After initial securitization scheme was established by unknown to me Investment Bank  ( likely XXXX XXXX ), no further real financing is necessary for two reasons : the borrower usually never asks for the proof of lending ; here is no creditor for the property Seller who can accept this payment to release the lien since nobody owns the account receivable where these money can be deposited. \n\na. I applied for a loan and assumed that I get a \" loan ''. I assumed the XXXX wired actual money. In reality I inherited information about the original securitization scheme with XXXX  masqueraded as mortgage where nobody loaned me any money, only information about money. \n\nb. As the result, nobody paid XXXX Bank any money to satisfy seller XXXX XXXX mortgage since XXXX herself had no mortgages, only information about XXXX  scheme. In fact, XXXX Bank would not be able to deposit any money on XXXX non-existing account receivable - even if I paid all cash for the property. Similarly, XXXX XXXX never received a cent from sale of my property on XX/XX/XXXX, or {$130000.00} even though I specifically demanded to disclose if XXXX Bank did received it and deposited in account receivable for my alleged loan As the result, this prior Mortgages remain on the chain of Title as illegal liens ( clouds ) which are impossible to remove since here is nobody who has authority to remove them because no one owns account receivables or rights to remove these fictitious liens and will cloud my Title forever. \n\n\n\n4. Defectively recorded documents. All documents pertaining to my purchase and fake transfers are fraudulent, forged and defectively recorded.\n\n5. Taking into consideration the clear negligence ( should be called fraud ) established by XXXX XXXX, and XXXX XXXX, it seems difficult to argue that if I file my case with the Court, a verdict against you and your executive officers and personnel would not likely be greatly in excess your available policy limits. \n\nI am not talking about your own litigation expenses to defend numerous individuals and corporate entities XXXX, XXXX, and XXXX XXXX, and XXXX as its trade association. \n\nI expect you to offer the full $ {$250000.00} policy limit ( {$170000.00} at 150 % ) to protect your best interests and insulate you from an excess judgment plus litigation expenses and negative public exposure since I plan to bring XXXX and its Board as co-defendants in my case based on trade association liabilities to injured clients. \n\nI am willing to accept the $ {$250000.00} as full and final settlement of all claims with XXXX, XXXX, and XXXX XXXX and XXXX. \n\nI trust that XXXX will promptly comply with my demand. I would assume that XXXX join this position because it is your duty to protect your client and his best interests. I believe XXXX Title failure to offer the available policy limits to protect their insured are operating in bad faith. XXXX title failure to provide limits would be demonstrative of greater concern for XXXX monetary interests than the financial hardship and devastation to their insured.\n\nPlease let me know XXXX, XXXX, tXXXX XXXX and XXXX response to this settlement demand within the next 30 days. I look forward to hearing back from you. \n\nVery truly yours, XXXX XXXX","date_sent_to_company":"2022-02-22T10:21:35.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"I do not know","zip_code":"606XX","tags":null,"has_narrative":true,"complaint_id":"5249754","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Old Republic National Title Holding Co.","date_received":"2022-02-22T10:16:44.000Z","state":"IL","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Thus, the investors had already purchased so-called mortgage backed <em>securities</em>, that included a description of a temporary set of notes ( XXXX XXXX filings ), that would be replaced by real notes and <em>security</em> instruments pledged as <em>security</em> to the holders of so-called <em>asset</em> backed <em>securities</em>, and if the terms of the pledge within the SPV was an allocation of funds contrary to the terms of the note and mortgage, and if the title agent was aware of sufficient facts to put him on notice that ( a ) undisclosed"]},"sort":[11.607366,"5249754"]},{"_index":"complaint-public-v1","_id":"10862679","_score":10.280791,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"AFFIRM, INC. Accounts : XXXX, XXXX, XXXX, XXXX XXXX XXXX Alleged Creditor AFFIRM , INC . It has come to my attention that I have been making payments in error pursuant to 12 CFR XXXX. You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. I attempted to establish a new course of dealing utilizing the notice sent to me every month. AFFIRM , INC replied and demanded payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. This Notice is to confirm that your claim is disputed under 15 USC XXXX et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved. THE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) After reasonable inquiry I have concluded that AFFIRM , INC is in breach of the alleged agreement. The following facts support my position in this matter : XXXX. AFFIRM , INC failed to disclose to the alleged consumer ( hereinafter consumer ) that AFFIRM , INC used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged accounts, whereby AFFIRM , INC did not perform under the agreement and risked nothing of value. XXXX. AFFIRM , INC has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged accounts. XXXX. AFFIRM , INC received something-for-nothing by using the consumers note ( s ) to fund charges to the credit card/loan accounts while retaining payments from consumer. XXXX. So, a breach occurred due to the fact that AFFIRM , INC failed to disclose the above information in their credit card/loan agreements prior to soliciting applicant to become bound by it. XXXX. Due to the breach, and lack of disclosure, AFFIRM , INC has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section XXXX of the FDCPA, 15 U.S.C. XXXX, which constitutes fraud. XXXX. Due to the securitization of the initial outstanding balances of the alleged accounts, AFFIRM, INC. is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. XXXX. When accounts are XXXX days or more overdue, AFFIRM, INC. receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. I want to receive absolute assurance from AFFIRM, INC. that they did not breach the agreement. In order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. In addition, please furnish me with the following information : XXXX. A complete statement of Damages, including each and every loss that AFFIRM , INC incurred under the alleged agreement. XXXX. A copy of any insurance claim having been made by AFFIRM , INC regarding above accounts. XXXX. A front and back, true and correct copy of the alleged signed agreements bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged accounts. XXXX. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. XXXX. The name, address and telephone number of AFFIRM , INC CPA auditor. 6. Verification if this debt has been assigned or sold to a debt collector. XXXX. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful. XXXX. If this debt has been sold to a debt collector, please provide the price for which it was sold. It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section XXXX ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section XXXX or can not be verified. The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. You are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( XXXX ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, XXXX XXXX ( a ) ( 3 ) [ 15 USC XXXX XXXX if you do not place the disclosure within the required ( XXXX ) day period. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy. I am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section XXXX ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC XXXX ], putting your company in serious legal trouble with the FTC and other state or federal agencies. All communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( XXXX ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. You must contact me in writing and request an extension in the event that you need more than XXXX ( XXXX ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable. This notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act XXXX XXXX XXXX. If you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC XXXX, to even send me a letter? Are you committing mail fraud? NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. Notice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal. Claim for which relief can be granted : Remove all adverse information from my consumer credit report. Including ALL late payments. Thank you very much Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation.","date_sent_to_company":"2024-11-20T08:42:20.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"91606","tags":null,"has_narrative":true,"complaint_id":"10862679","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Affirm Holdings, Inc","date_received":"2024-11-20T08:17:12.000Z","state":"CA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Accounts</em> : XXXX, XXXX, XXXX, XXXX XXXX XXXX Alleged Creditor AFFIRM , INC . It has come to my attention that I have been making payments in error pursuant to 12 CFR XXXX. You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation."]},"sort":[10.280791,"10862679"]},{"_index":"complaint-public-v1","_id":"10861571","_score":10.093585,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Account name HYUNDAI CAPITAL AMERICA Account number XXXX Alleged Creditor HYUNDAI CAPITAL AMERICA. It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13. You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. I attempted to establish a new course of dealing utilizing the notice sent to me every month. HYUNDAI CAPITAL AMERICA replied and demanded payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. This Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved. THE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) After reasonable inquiry I have concluded that HYUNDAI CAPITAL AMERICA. is in breach of the alleged agreement. The following facts support my position in this matter : 1. HYUNDAI CAPITAL AMERICA failed to disclose to the alleged consumer ( hereinafter consumer ) that HYUNDAI CAPITAL AMERICA used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby HYUNDAI CAPITAL AMERICA did not perform under the agreement and risked nothing of value. 2. HYUNDAI CAPITAL AMERICA. has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. 3. HYUNDAI CAPITAL AMERICA received something-for-nothing by using the consumers note ( s ) to fund charges to the credit card/loan account while retaining payments from consumer. 4. So, a breach occurred due to the fact that HYUNDAI CAPITAL AMERICA failed to disclose the above information in their credit card/loan agreement prior to soliciting applicant to become bound by it. 5. Due to the breach, and lack of disclosure, HYUNDAI CAPITAL AMERICA has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud. 6. Due to the securitization of the initial outstanding balances of the alleged account, HYUNDAI CAPITAL AMERICA is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. 7. When accounts are >30 days or more overdue, HYUNDAI CAPITAL AMERICA receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. I want to receive absolute assurance from HYUNDAI CAPITAL AMERICA that they did not breach the agreement. In order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. In addition, please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that HYUNDAI CAPITAL AMERICA incurred under the alleged agreement. 2. A copy of any insurance claim having been made by HYUNDAI CAPITAL AMERICA regarding this account. 3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account. 4. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. 5. The name, address and telephone number of HYUNDAI CAPITAL AMERICA CPA auditor. 6. Verification if this debt has been assigned or sold to a debt collector. 7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful. 8. If this debt has been sold to a debt collector, please provide the price for which it was sold. It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified. The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. You are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy. I am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies. All communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. You must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable. This notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227. If you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud? NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. Notice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal. Claim for which relief can be granted Remove all adverse information from my consumer credit report. Refund by check all money received from a consumer. Return unlawfully repossessed property ( or equivalent ). Thank you very much. Sincerely, XXXX XXXX Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent.","date_sent_to_company":"2024-11-20T08:59:35.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91606","tags":null,"has_narrative":true,"complaint_id":"10861571","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HYUNDAI CAPITAL AMERICA","date_received":"2024-11-20T08:44:13.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["<em>Account</em> name HYUNDAI CAPITAL AMERICA <em>Account</em> number XXXX Alleged Creditor HYUNDAI CAPITAL AMERICA. It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13. You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation."],"sub_issue":["<em>Account</em> information incorrect"]},"sort":[10.093585,"10861571"]},{"_index":"complaint-public-v1","_id":"6681854","_score":9.84718,"_source":{"product":"Debt collection","complaint_what_happened":"So this whole situation has been going on since the spring of XXXX. Medical Recovery Services ( MRS ) seems to be able to overcome federal and state laws at every level of dealing with them. My wife was never served in the lawsuit and only appeared in the document I have provided. This whole thing is completely XXXX and seems so unbelievable. Submission of documents to come at agency request. There would be too much redaction to make most useful. \n\nThey have filed a criminal \" Contempt '' on me by purging the statement of facts and saying I never showed up to first attempt to collect via lawsuit, to which I did and spoke with the lawyer XXXX XXXX in XXXX of XXXX at XXXX County Courthouse. I told him that they were talking to the wrong person and I didn't owe the debt. I still have yet to see any \" proof '' of the debt they have sued me for. I never signed anything stating I had acknowledged the debt. He didn't even remember meeting with me at XXXX County Courthouse XXXX XXXX XXXX In our last hearing he stated I agreed to a payment plan of {$20.00}, even though I told him that I couldn't even afford {$5.00} at that first interaction. He said to come to him when I could afford to make a payment plan He also told me that it was okay and that he might need to file a lawsuit to collect the debt and I didn't need to do anything, not even respond to the lawsuit. That it would get worked out later. Also in the 1st garnishment hearing that he didn't remember meeting me. \n\nThere are 3 other known \" same names '' according to Idaho State Repository, one which shares my birthday. I think they got the wrong one of us, nor cared as one has a criminal record with multiple domestic violence charges that could have led to them seeking medical care. I myself, was also XXXX for a little over a year from XXXX, which would have made it very hard to get in contact with using a basic credit background information. After being XXXXXXXX I was homeless, living from couch to couch for some time. Which also makes it difficult to inform someone of a debt. \n\nI had filed a response to their lawsuit and asked for a number of items, including anything pertaining to myself and the supposed debt and any information with \" my name '' on it. This was never provided. On the date of the court hearing I was working labor jobs and was at the mercy of my boss as to the location. That morning I had found out we were working in XXXX XXXX, Idaho. There is no cell reception and I had planned on taking my lunchbreak to attend the hearing remotely, as it was done on XXXX. That morning I texted or called my wife and told her to call the courthouse, which she did repeatedly and left a voicemail trying to see about rescheduling as I would be out of service and my boss didn't want to pay mileage and had to ride with him. Finally, some time in the afternoon she had recieved a call from the County Clerk and was told it was too late and the judge had ruled a Summary Judgement against me. \n\nIn collecting the debt MRS had filed a garnishment against my wife 's paycheck taking money that has made it impossible to pay many of out other debts. Our rent had doubled recently as the property acquired new ownership of the 100 year old building with asbestos and lead exposure. It hasnt had legal modifications since XXXX and is a health risk, but it is all we can afford. Paint chipping away at the structure, as it is all we could afford, among our other bills. This garnishment has not only made it nearly impossible to keep a roof over our heads and thankfully we have a couple of food banks we can get food from, including the XXXX XXXX across the street. They are using the \" Community Property '' laws of Idaho to garnish my wife 's checks. I myself have recently been unable to work because of a major need for two XXXXXXXX XXXX Her income is the only income currently, I am going through the process of Social Security Disability with a number of diagnoses due to being physically abused much of my childhood ( Part of which likely caused my XXXX XXXX ) and of course the recent discovery of major medical issues. Idaho has laws meant to protect a wife 's income in its legislation, not to mention my wife would have been XXXX years old when this debt supposedly was incurred. She could have never consented to the debt if it were true. Previous to this, I was the only income as she was recovering from a major XXXX and was XXXX for nearly nine months. With my back issues, she demanded I stop working and she would work while I seek medical care. We have never had a \" Community Property '' relationship and as we have a significant age difference had held a verbal contract that we would keep out assets seperate. This was mainly to protect her in the event that we were to divorce. Divorce rates with our age difference is exceptionally high. Seperate accounts that niether has access to the others. We dont even have a loan or creditcard in both our names. We share no bank accounts, we both maintain seperate accounts which if I need money to pay something, I have to ask her for money. Which since marriage there is numerous monetary transfers between our seperate accounts. Our original lease for our apartment was only in my name since the landlord did not expect our age differences to work out and only allowed me to be the leaseholder. My wife is XXXX and I am XXXX, I've had nearly the equivalent of her lifetimes. I was a XXXX in XXXX XXXX when she was born in XXXX. XXXX XXXX was also able to gain my wife social security number which was written on a copy of the response from her work. They only got my social security number through me calling them to try to figure out where this came from. When you call MRS they first ask for your name, then birthday, and finally social security number. \n\nIn the garnishments the judgement specified that XXXX County Sherrifs Department collect her wages and process them. MRS had somehow subverted the Sherrifs Department on two garnishments, which I have email correspondence with The XXXX  and they had no record of communications with niether my wife 's employer, nor MRS themselves. We can not afford a lawyer and I have proof that the local legal aid will not accept any case at all, via screen recording every reason listed as what they handle and can help on. The self help section has no real value or has broken links that lead to dead pages. I have also talked to a woman from the local legal aid that said they dont handle debt collection, contrary to what the state and local legal aid websites state. This is another issue that seems to not only effect me, but anyone else in need of their services. \n\nXXXX XXXX has been the presiding judge on this case, and I suspect that he handles strictly MRS cases. He seemed to not remember ever meeting me in our last hearing, even has it was his authority that issued the Criminal Contempt Charge threat of a XXXX XXXX XXXX XXXX  Our last hearing he has denied all of the protections under state and federal law that should apply in the case and allowed the garnishments to go around his orders in the judgement and MRS to collect funds with no protections or accountability until this last garnishment made in XX/XX/XXXX which was made ahead of the court hearing. During the last hearing for garnishment, it was my wife who noticed that XXXX XXXX had filed the wrong documents, which were previously used and not current. All of XXXX XXXX case was filed wrong, if I had made the mistake in court, the whole thing would have been thrown out and ruled against me. I know I am not the only person who is poor and debts of a few hundred dollars is turned into thousands of dollars bevause of MRS and/or XXXX XXXX , even though, if you were to walk into his office, it seems like there are very few people who actually work there. The whole thing stinks of corruption. XXXX XXXX also refused both my wife 's and I 's claim to all the exemptions and protections Today XX/XX/XXXX I walked into the office of MRS and asked for all the documents in regard to my account, to which I was told that the debt was no longer theirs, but was XXXX XXXXXXXX XXXX law firm, which if I remember right would make him a debt buyer, which is not collecting in the name of the Hospital, but in his name. I then went to his office and the receptionist said they couldn't give me anything I wanted and that it was my fault because even though my response was direct in asking for certain items in the original lawsuit. They refused to even give me any proof of the debt, which after 2 years I never recieved or seen. \n\nDuring most of this I have been under the influence of pain and aXXXX XXXX  three times a day, due to my past that has created XXXX XXXX, XXXXXXXX XXXX XXXX, and in the past two years been XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX and months with a stent and the surguries to remove them. Plus I am under medications that are known and purposely induce short term XXXX to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX All while dealing with this. It has costed us so much to keep moving forward, including me having to be given a stronger XXXX XXXX I also was in a vehicular accident that exposed and possibly caused more damage. I have since been given a XXXX XXXX to aid me in social situations and been officially designated as XXXX enough to now have a XXXX XXXX. All while dealing with issues of money, this lawsuit and following garnishments, and my wife stressed out beyond what a XXXX XXXX XXXX should be subjected to over this. \n\nI believe that XXXX XXXX 's influence as a former Idaho State Legislature has made him be able to file wrong documents, fail to meet the terms of proving the debt, and have a judge that is exclusively available to him. \n\nHe has also been able to step himself over child support arrears of close to $ XXXX and another judgement filed by the State of Oregon for a XXXX  when I was XXXX. It has also created a ton of stress as many bills can not be paid and will soon bury us. He also will soon have to step over me needing to pay for my {$60.00} of college debt. Under the precedence he has set, it opens a huge whole in credit protection for spouses everywhere. Both my wife and I had got our credit score from the upper 400 to close to 700, now after all this we have fallen back to upper 400- lower 500 due to not being able to pay debts. \n\nMy complaints are made toward : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  Involves but not against XXXX XXXX Sheriff 's Department All but one of the court interactions have been recorded via XXXX and hopefully documented at the courthouse.","date_sent_to_company":"2023-03-11T05:38:01.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Medical debt","zip_code":"83402","tags":null,"has_narrative":true,"complaint_id":"6681854","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"Medical Recovery Services, LLC","date_received":"2023-03-11T05:10:15.000Z","state":"ID","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["XXXX XXXX <em>also</em> refused both my wife 's and I 's claim to all the <em>exemptions</em> and protections Today XX/XX/XXXX I walked into the office of MRS and asked for all the documents in regard to my <em>account</em>, to <em>which</em> I was told that the debt was no longer theirs, but was XXXX XXXXXXXX XXXX law firm, <em>which</em> if I remember right would make him a debt buyer, <em>which</em> is not collecting in the name of the Hospital, but in his name."]},"sort":[9.84718,"6681854"]},{"_index":"complaint-public-v1","_id":"9876555","_score":9.627208,"_source":{"product":"Checking or savings account","complaint_what_happened":"Detailed Report on the Identity Theft Fraud Against XXXX XXXX and Legal Violations by XXXX XXXX XXXX, XXXX XXXX XXXX, and JPMorgan Chase XXXX XXXX XXXX XXXX XXXX, currently residing at XXXX XXXX XXXX, XXXX XXXX, Illinois, has been a victim of pervasive identity theft fraud that began in XXXX and persists to the present day. The fraud has resulted in the unauthorized establishment of accounts in her name at XXXX XXXX XXXX. \n\nThe exact date of the creation of these accounts remains unknown to XXXX XXXX. Importantly, the information used to open these accounts did not include her Social Security number, and as a result, the accounts have never appeared on any of her credit bureau reports. Had they appeared, XXXX XXXX would have promptly responded to the matter. \n\nDuring the time the fraudulent accounts were created, XXXX XXXX 's identity was compromised, and the fraudsters used an unknown address to carry out their actions. This fraudulent address does not belong to XXXX XXXX, and she has never resided there. \n\nThis information has caused significant confusion and difficulty in resolving the matter. Her actual residence during this time has always been consistent with her current address at XXXX XXXX XXXX, XXXX XXXX, IL XXXX. \n\nXXXX XXXX XXXX, represented by the law firm XXXX XXXX XXXX, XXXX, specifically attorney XXXX XXXX XXXX ( Illinois Bar Number # XXXX ), prepared and sent a fraudulent judgment and asset search against XXXX XXXX to her bank, JPMorgan Chase. \n\nThis action resulted in the freezing of both her personal and business accounts. However, no legitimate judgment was ever obtained, and XXXX XXXX XXXX XXXX dismissed the case in XX/XX/XXXX. Despite this, XXXX XXXX XXXX filed paperwork with JPMorgan Chase as if an active judgment existed, leading to the unlawful freezing of XXXX XXXX 's accounts. \n\nLegal Violations and Issues Identity Theft and Fraudulent Account Creation The fraudulent use of XXXX XXXX 's identity to open accounts at XXXX XXXX XXXX without her knowledge or consent is a clear violation of multiple state and federal laws, including the Illinois Identity Theft Law and the Federal Identity Theft and Assumption Deterrence Act. \n\nThe fact that her Social Security number was not used suggests the use of other fraudulent means to establish these accounts, potentially involving false documentation or misrepresentation. \n\nDiscrepancies in Creditor Information During the investigation and review of court documents related to this case, it was discovered that there are inconsistencies in the identification of the original creditor. Some court documents list XXXX XXXX XXXX as the original creditor, while others list XXXX XXXX XXXX. \n\nThis inconsistency further complicates the matter and raises questions about the accuracy and legitimacy of the claims being made against XXXX XXXX. The conflicting information could indicate potential errors or intentional misrepresentations, which should be thoroughly investigated. \n\nUnlawful Judgment Filing by XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, under the direction of Attorney XXXX XXXX ( Illinois Bar Number # XXXX ), engaged in deceptive legal practices by preparing and filing fraudulent judgments with JPMorgan Chase. \n\nThese actions violate Illinois ' legal and ethical standards, particularly under the Illinois Rules of Professional Conduct. The law firm 's actions are not only fraudulent but also demonstrate a blatant disregard for legal procedures, as no legitimate judgment was ever obtained. \n\nThe filing of a fraudulent affidavit of service, claiming that XXXX XXXX was served at her employer ( an address where she had not worked in four years ), further underscores the deceptive nature of their conduct.\n\nImproper Account Freezing by JPMorgan Chase JPMorgan Chase 's freezing of XXXX XXXX 's accounts without verification of a valid judgment constitutes a breach of their fiduciary duty to the account holder. Under 735 ILCS XXXX, enforcement proceedings to collect judgments are governed by specific statutes, which JPMorgan Chase appears to have ignored. \n\nThe bank 's actions also potentially violate the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), as they failed to adequately verify the legitimacy of the judgment before taking action. \n\nThe case of XXXX XXXX XXXXXXXX XXXX JPMorgan Chase Bank , N.A . provides a relevant precedent. In that case, JPMorgan Chase was involved in a similar situation where it wrongfully froze the assets of XXXX XXXX XXXX, leading to significant financial losses for the company. The court ruled in favor of Chase, citing the bank 's contractual right to freeze accounts under suspicion of illegal activity. However, the current situation differs as there was no legal basis for the suspicion, and the judgment in question was fraudulent from the outset. This distinction is crucial and highlights the banks failure to exercise due diligence in XXXX XXXX 's case. \n\nAdditionally, JPMorgan Chase issued a letter dated XX/XX/XXXX, to XXXX XXXX XXXXXXXX XXXX ( the name under which XXXX XXXX 's business operates ), informing her that a hold had been placed on her account ( XXXX ) due to an enclosed court order enforcing a legal judgment. The letter outlines how the hold affects her accounts, explaining that the funds can not be accessed until the hold is released. The letter advises XXXX XXXX to consult an attorney to dispute the court order if she believes it to be invalid and provides information on potential exemptions under federal and state laws. \n\nImpact on Dependent Child The unlawful freezing of XXXX XXXX accounts has had a particularly severe impact on her ability to care for her XXXX child, XXXX XXXX. XXXX suffers from multiple medical conditions, including XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nXXXX XXXX relies heavily on her income to provide the necessary care and support for her child. The freezing of both her business and personal accounts has placed her in an untenable position, preventing her from accessing the funds needed for XXXX 's ongoing medical care and daily living expenses. \n\nFraudulent Service of Process The service of process in this case is highly questionable, with the process server listing a \" XXXX XXXX '' as the recipient at XXXX XXXX 's former place of employment. Given that XXXX XXXX had not worked at that location for four years and there is no record of a XXXX XXXX working there, this represents a serious breach of legal procedures. \nThe fraudulent service of process further invalidates any claims made by XXXX XXXX XXXX or XXXX XXXX XXXX regarding the legitimacy of their actions. We have attached as proof, XXXX XXXX separation agreement from employer SD XXXX XXXX, which took place XXXX of XXXX. \n\nPolice Reports Filed XXXX XXXX has filed two police reports with the XXXX Police Department regarding identity theft related to this incident. The first report, number XXXX, was filed on Wednesday, XX/XX/XXXX, to document the initial identity theft. \n\nThe second report, number XXXX, was filed on XX/XX/XXXX, to address the ongoing identity theft fraud related to this case. These reports provide crucial evidence of the identity theft and support XXXX XXXX 's claims against the involved parties. \n\nRequests for Action Immediate Unfreezing of Accounts XXXX XXXX requests that JPMorgan Chase immediately unfreeze all of her personal and business accounts, as there is no legitimate judgment or legal basis for the current freeze. The bank must rectify its error and restore access to her funds. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX requests disciplinary action against XXXX XXXX XXXX, XXXX, specifically Attorney XXXX XXXX XXXX ( Illinois Bar Number # XXXX ), for their deceptive legal practices, including the filing of falsified and fraudulent documents. \n\nThis matter should be referred to the Illinois Attorney Registration and Disciplinary Commission ( ARDC ) for investigation and appropriate sanctions. Supporting documentation, including the ARDC Request for Investigation form, has been attached to this report. \n\nInvestigation by Regulatory Authorities : XXXX XXXX requests a full investigation into the actions of XXXX XXXX XXXX, XXXX XXXX XXXX, and JPMorgan Chase by the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), Department of Justice ( DOJ ), and the Illinois Attorney Generals Office. \n\nThese agencies must examine the extent of the legal violations, including potential breaches of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and other consumer protection laws. \n\nRestitution and Damages XXXX XXXX seeks restitution for any financial losses incurred due to the wrongful freezing of her accounts, as well as compensation for the emotional distress and damage to her reputation caused by these unlawful actions. Additionally, due consideration should be given to the financial hardship imposed on her and her XXXX child, XXXX XXXX, who relies on her for support and care. \n\nConclusion The case of XXXX XXXX exemplifies the severe consequences of identity theft and the need for stringent legal protections and enforcement. The fraudulent actions taken by XXXX XXXX XXXX, XXXX XXXX XXXX, and JPMorgan Chase have caused significant harm to XXXX XXXX, and immediate corrective actions are required. \nThis report underscores the importance of holding accountable those who engage in fraudulent and deceptive practices, particularly in the legal and financial sectors. \n\n\n\nAttachments All supporting documentation, including court documents, the ARDC Request for Investigation form, the XXXX XXXX XXXXXXXX XXXX JPMorgan Chase Bank case, the letter from JPMorgan Chase dated XX/XX/XXXX, and the police reports filed with the XXXX Police Department ( report numbers XXXX and XXXX ), as well as additional documentation provided, have been included to support this report. \n\nDate : XX/XX/XXXX Prepared by : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, GA XXXX Phone : XXXX","date_sent_to_company":"2024-08-21T19:06:32.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"60452","tags":null,"has_narrative":true,"complaint_id":"9876555","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2024-08-21T18:49:21.000Z","state":"IL","company_public_response":null,"sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["The law firm 's actions are not only fraudulent but <em>also</em> demonstrate a blatant disregard for legal procedures, as no legitimate judgment was ever obtained. \n\nThe filing of a fraudulent affidavit of service, claiming that XXXX XXXX was <em>served</em> at her employer ( an address where she had not worked in four years ), further underscores the deceptive nature of their conduct."],"product":["Checking or savings <em>account</em>"],"issue":["Managing an <em>account</em>"],"sub_product":["Checking <em>account</em>"]},"sort":[9.627208,"9876555"]},{"_index":"complaint-public-v1","_id":"10414332","_score":9.622788,"_source":{"product":"Credit card","complaint_what_happened":"THIS IS NOT A DUPLICATE COMPLAINT, THIS IS A SEPARATE CREDIT CARD WHICH NEEDS IT'S OWN COMPLAINT DOCUMENTED To : Alleged Creditor CITIBANK , N.A . \nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CC : Billing Inquiries XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Credit Bureau Dispute Verification XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX Certified Mail Number XXXX RE : CITIBANK CARD XXXX NOTICE OF DISPUTE Dear XXXX XXXX : It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13.\n\nYou have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. CITIBANK N.A replied and demanded payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. \n\n\n\nThis Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved. \n\n\n\n\n\nTHE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) See : XXXX : XXXX After reasonable inquiry I have concluded that CITIBANK , N.A . is in breach of the alleged agreement. The following facts support my position in this matter : 1. CITIBANK , N.A . failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter consumer ) that CITIBANK , N.A . used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby CITIBANK , N.A . did not perform under the agreement and risked nothing of value. \n\n2. CITIBANK , N.A . has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. \n\n3. CITIBANK , N.A . received something-for-nothing by using the consumers note ( s ) to fund charges to the credit card account while retaining payments from consumer. \n\n4. So, a breach occurred due to the fact that CITIBANK , N.A . failed to disclose the above information in their credit card agreement prior to soliciting applicant to become bound by it. \n\n5. Due to the breach, and lack of disclosure, CITIBANK , N.A . has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud.\n\n6. Due to the securitization of the initial outstanding balances of the alleged account, CITIBANK , N.A . is not a holder in due course, and therefore can not have incurred a loss or make a valid claim.\n\n7. When accounts are XXXX days or more overdue, CITIBANK , N.A . receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. \n\nI want to receive absolute assurance from CITIBANK , N.A . that they did not breach the agreement. \n\nIn order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures.\n\nIn addition, please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that CITIBANK , N.A . incurred under the alleged agreement. \n\n2. A copy of any insurance claim having been made by CITIBANK , N.A . regarding this account.\n\n3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account.\n\n4. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website.\n\n5. The name, address and telephone number of CITIBANK, N.A.s CPA auditor.\n\n6. Verification if this debt has been assigned or sold to a debt collector.\n\n7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful.\n\n8. If this debt has been sold to a debt collector, please provide the price for which it was sold.\n\nIt would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.\n\nThe can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA.\n\nYou are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( Equifax, Experian, TransUnion ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy.\n\nI am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.\n\nAll communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.\n\nYou must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable.\n\nThis notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227.\n\nIf you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud?\n\nNOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT.\n\nNotice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal.\n\nClaim for which relief can be granted 1. Reopen Account Ending 1375 with zero balance. Or provide new account with zero balance.\n\n2. Remove the Credit Limit ( S ) 3. Accept Negotiable Instrument for setoff payable in US dollars monthly.\n\n4. Remove all ( see highlighted sheet ) adverse information from my consumer credit report. Including ALL late payments.\n\nThank you very much I declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth.\n\nSincerely, ________________________________________ Signed without prejudice by XXXX XXXX XXXX XXXX. Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation.","date_sent_to_company":"2024-10-10T05:21:43.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"357XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10414332","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2024-10-10T05:15:34.000Z","state":"AL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. CITIBANK N.A replied and demanded payment in a specific type of coin or currency."]},"sort":[9.622788,"10414332"]},{"_index":"complaint-public-v1","_id":"7711115","_score":9.6126795,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"NOTICE TO PRINCIPAL IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCIPAL. \n\nI, XXXX, XXXX XXXX here on behalf of XXXX XXXX hereby accepts all titles, rights, interest and equity owed to the XXXX XXXX. \n\nI was given a call from the number ( XXXX ) XXXX from an executive with ONE MAIN FINANCIAL on XX/XX/XXXX at XXXX XXXX. I was told that the application was not finished, but I have already submitted the application. I also stated that I filled out the application for {$10000.00} but ONE MAIN FINANCIAL was counter offering me {$5600.00}. Documentation has also been sent to ONE MAIN FINANCIAL previously. A copy of the Federal Reserve Act was included in the documentation. This will be my third letter to ONE MAIN FINANCIAL. \n\nUpdate : On XX/XX/XXXX ONE MAIN FINANCIAL by XXXX contacted me. At first I was told the loan amount was for {$10000.00}. At that time, I believed this call was connected to the one I received the day before. Upon asking further questions I was told that the loan amount was for {$5600.00}. I mentioned to XXXX that I already talked with someone yesterday. I asked if she was aware of that and she stated that she was not. I then asked her if she had the application and paperwork that I sent and she also stated that she did not. She stated that the application was pushed through to her. She asked what did I have for collateral, which confused me. I then realized that ONE MAIN FINANCIAL was trying to finalize the loan for {$5600.00}. I mentioned the conversation I had with an executive member again and asked her if she was familiar with the Federal Reserve Act. She was not. She then out me on hold and the Branch Manager XXXX XXXX got on the phone seemingly perturbed. She stated that my application was not collateral. She also stated that they dont go by the same guidelines. She essentially stated that they do not follow the law. She mentioned that they used investors. I then asked her where the investor would keep their money and she said a bank. This confused me because if they deal with banks, which they would have to being that they deal with money, wouldnt that make the company an affiliate? She then reiterated that I need to submit a collateral and I replied that I already had by submitting the application along with tender which under the Federal Reserve Act, is the collateral Security. I also mentioned the Equal Credit Opportunity Act. Essentially I was being forced to submit personal belongings on top of the security I already sent along with tender. I asked if there was anyone else I could speak to and she said no and that I would receive a letter. I was denied credit on the phone. \nOn XX/XX/XXXX I received an email stated that I was denied. But in documentation I received on XX/XX/XXXX I was approved on contingencies that had nothing to do with XXXX or any other credit-reporting agency. What this essentially means is I was approved until I showcased my competency of the law. I believe I am being discriminated against because I am exercising my rights under the Consumer Credit Protection Act as well as the Federal Reserve Act. If I didnt mention these laws and I continued with the transaction I would not have received a denial letter by email. \n\nOn XX/XX/XXXX I received a letter dated for XX/XX/XXXX that stated : OneMain believes you are mistaken on all points of law in your complaint This is said but none of my points of law have been refuted. Furthermore I have gone back to that letter and here is my clarification : Section 16. Note Issues 1. Issuance of Federal Reserve notes ; nature of obligation ; where redeemable 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 hereby authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX  XXXX District of Columbia, or at any Federal Reserve bank. \nThe said notes are OBLIGATIONS OF THE UNITED STATES. \n\nThe Federal Reserve Act states that under Section 16 Part 2 Any Federal Reserve Bank may make application to the Local Federal Reserve notes hereinbefore provided ( in Section 16 Part 1 ) for as it may require.\n\nDoes a bank or financial institution fill out its own applications? \n\nSuch application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. \n\nI attached a tender to the application printout that I sent with my first letters. \n\nThe collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this act, or bills of exchange endorsed by a member bank of any Federal reserve district and purchased under the provisions of section 14 of this act, or bankers acceptances purchased under provisions of said section 14, or gold certificates, or special Drawing Right certificates, or any obligations which are direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency thereof, or assets that the Federal Reserve banks may purchase or hold under section 14 of this act or any other asset of a Federal Reserve Bank. In no event shall such security collateral be less than the amount of Federal Reserve Notes applied for. \n\nCollateral is an asset you can pledge to secure financing. The collateral security I offered was the application with the XXXX XXXX name and social security number. Along with that a tender was attached. \n\nI applied for {$10000.00} and gave ONE MAIN FINANCIAL the security on behalf of XXXX XXXX XXXX which on face value would be worth {$10000.00} ( the same amount I applied for ). I was then offered {$5600.00}. Thats where I have an issue. Essentially the collateral security I submitted was {$10000.00} I am now being told that it is {$5600.00}. ONE MAIN FINANCIAL is changing the terms. I applied for {$10000.00} Federal Reserve Notes. Thus making it less than the amount of Federal Reserve notes I applied for.\n\nIn no event shall such collateral security be less than the amount of Federal Reserve Notes applied for.\n\nFurther more here are more laws from the Consumer Credit Protection Act and other pertinent USC Statutes : In pursuant to 15 USC 1602 ( L ) the term credit card was used to initiate the consumer credit transaction The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\nMy social security card was used to initiate this transaction. By definition in the United States Code my social security card is a credit card.\n\nA transaction took place so therefore someone got paid.\n\nI am also the cardholder and holder in due course.\n\nPursuant to 15 USC 1602 ( N ) I am the one who came with the credit to initiate the transaction. It is not possible to be denied when I used the credit card to initiate the transaction. By possessing this card and being the original creditor, I am automatically approved and I am automatically credit worthy, by law.\n\nPursuant to 15 USC 1691 ( b ) and ( c ) the contingencies of approval for the application fro ONE MAIN FINANCIAL are not listed, this means that the actions taken by ONE MAIN FINANCIAL constitute as discrimination.\n\nPursuant to 15 USC 1602 ( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\nAgain, pursuant to laws under the United States Code I am the original creditor.\n\nCredit is my right and I am the one who regularly extends credit pursuant to 15 USC 1062 ( g ). I am the original creditor and I am well aware of my rights.\n\nI know that reporting to the consumer reporting agencies is voluntary. This is an inequitable transaction. Nowhere in the FCRA does the term adverse action state that a natural person can be denied credit.\n\nAs the original creditor it is unlawful to deny me my right to grant credit. Furthermore my credit was used and I received no benefit for the use of my credit. An inquiry is a receipt of a transaction. An inquiry showed up on my consumer report which means someone used my credit and I received no benefit from it at all. I never got anything from this transaction. In fact damages were done from the denial of my rights mentally and financially.\n\nUnauthorized use 15 USC 1602 ( p ) ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.\n\nIve been discriminated against, as there are no Federal laws that state I can be denied of my right to extend credit. I have in good faith exercised my rights and I the natural person on behalf of the XXXX XXXX have been discriminated against for exercising my rights pursuant to 15 USC 1691 : ( a ) ACTIVITIES CONSTITUTING DISCRIMINATION It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( XXXX ) on the basis of race, XXXX, religion, national origin, XXXX or marital status, or age ( provided the applicant has the capacity to contract ) ; ( XXXX ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has in good faith exercised any right under this chapter For the damages that have been done to my mental distress and financial reputation, as I take my consumer report and life seriously, I will take this to a Federal level if my requests to open account ( XXXX ) are not honored. I am aware of my open end credit plan and my right to contract unlimited without being denied. I demand ONE MAIN FINANCIAL abide by federal law and open the account ( XXXX ) for which Ive extended credit. \n\nThe fact remains that the XXXX XXXX has provided XXXX MAIN FINANCIAL with security collateral and has not received anything in return. This is inequitable to the XXXX XXXX and only benefits ONE MAIN FINANCIAL. \n\nXXXX XXXX was approved on certain conditions but only offered {$5600.00} as opposed to what was initially applied for. This is a violation under the Federal Reserve Act as well as the United States Code.\n\nONE MAIN FINANCIAL has intentionally violated my rights. \n\nI hereby instruct XXXX  or indentured trustee for ONE MAIN FINANCIAL to release any titles, interest, equity or rights owed to the XXXX XXXX. \n\nSend the loan applied for by the XXXX XXXX, which is in the amount of {$10000.00} as well as any other interest, titles, rights and equity to the address : XXXX XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX \n\nIf this is not done ONE MAIN FINANCIAL will owe {$10000.00} in punitive damages pursuant to 15 USC 1691 E Civil Liability ( b ), as well as the loan in the amount of {$10000.00}.\n\n( b ) RECOVERY OF PUNITIVE DAMAGES IN INDIVIDUAL AND CLASS ACTION FOR ACTUAL DAMAGES ; EXEMPTIONS ; MAXIMUM AMOUNT OF PUNITIVE DAMAGES IN INDIVIDUAL ACTIONS ; LIMITATION ON TOTAL RECOVERY IN CLASS ACTIONS ; FACTORS DETERMINING AMOUNT OF AWARD Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than {$10000.00}, in addition to any actual damages provided in subsection ( a ), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of {$500000.00} or XXXX per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. \n\nONE MAIN FINANCIAL will also be subject to the Section 29 Civil Money Penalty Pursuant to the Federal Reserve Act for XXXX  this continues retroactive to when ONE MAIN FINANCIAL was made aware of this issue. \n\nTier XXXX : XXXX XXXX XXXX XXXX : {$45000.00} Tier XXXX : XX/XX/XXXX XXXX XX/XX/XXXX : {$150000.00} Tier XXXX : XX/XX/XXXX Until resolved : Currently at the writing of this the amount is {>= $1,000,000} and will continue for each business day this issue is not resolved. \n\nTotal : {>= $1,000,000} Section 29. Civil Money Penalty ( a ) First Tier. Any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who, violates any provision of section 22, 23A, or 23B, or any regulation issued pursuant thereto, shall forfeit and pay a civil penalty of not more than {$5000.00} for each day during which such violation continues.\n\n[ 12 USC 504 ( a ). A\ns added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by acts of Oct. 15, 1982 ( 96 Stat. 1523 ) and Aug. 9, 1989 ( 103 Stat. 470 ). ] ( b ) Second Tier. Notwithstanding subsection ( a ), any member bank which, and any institution-affiliated party ( within the meaning of section XXXX ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who 1.\n\nA. commits any violation described in subsection ( a ) ; B. recklessly engages in an unsafe or unsound practice in conducting the affairs of such member bank ; or C. breaches any fiduciary duty ; 2. which violation, practice, or breach -- A. is part of a pattern of misconduct ; B. causes or is likely to cause more than a minimal loss to such member bank ; or C. results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than {$25000.00} for each day during which such violation, practice, or breach continues.\n\n[ 12 USC 504 ( b ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( c ) Third Tier. Notwithstanding subsections ( a ) and ( b ), any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who -- 1. knowingly -- A. commits any violation described in subsection ( a ) ; B. engages in any unsafe or unsound practice in conducting the affairs of such credit union ; or C. breaches any fiduciary duty ; and 2. knowingly or recklessly causes a substantial loss to such credit union or a substantial pecuniary gain or other benefit to such party by reason of such violation, practice, or breach, shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under subsection ( d ) for each day during which such violation, practice, or breach continues.\n\n[ 12 USC 504 ( c ). As added by act of Nov. 10, 1978 ( 72 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( d ) Maximum Amounts Of Penalties For Any Violation Described In Subsection ( c ). The maximum daily amount of any civil penalty which may be assessed pursuant to subsection ( c ) for any violation, practice, or breach described in such subsection is -- 1. in the case of any person other than a member bank, an amount to not exceed {>= $1,000,000} ; and 2. in the case of a member bank, an amount not to exceed the lesser of -- A. {>= $1,000,000} ; or B. 1 percent of the total assets of such member bank.\n\n[ 12 USC 504 ( d ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by acts of Oct. 15, 1982 ( 96 Stat. 1523 ) and Aug. 9, 1989 ( 103 Stat. 470 ). ] ( e ) Assessment, Etc. Any penalty imposed under subsection ( a ), ( b ), or ( c ) shall be assessed and collected by 1. in the case of a national bank, by the Comptroller of the Currency ; and 2. in the case of a State member bank, by the Board, in the manner provided in subparagraphs ( E ), ( F ), ( G ), and ( I ) of section 8 ( i ) ( 2 ) of the Federal Deposit Insurance Act for penalties imposed ( under such section ) and any such assessment shall be subject to the provisions of such section.\n\n[ 12 USC 504 ( e ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( f ) Hearing. The member bank or other person against whom any penalty is assessed under this section shall be afforded an agency hearing if such member bank or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section 8 ( h ) of the Federal Deposit Insurance Act shall apply to any proceeding under this section.\n\n[ 12 USC 504 ( f ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( g ) Disbursement. All penalties collected under authority of this paragraph shall be deposited into the Treasury.\n\n[ 12 USC 504 ( g ). As added by act of Nov. 10, 1978 ( 92 Stat. 3641 ) and amended by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( h ) Violate Defined. For purposes of this section, the term \" violate '' includes any action ( alone or with another or others ) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation.\n\n[ 12 USC 504 ( h ). As added by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( i ) Regulations. The Comptroller of the Currency and the Board shall prescribe regulations establishing such procedures as may be necessary to carry out this section.\n\n[ 12 USC 504 ( i ). As added by act of Aug. 9, 1989 ( 103 Stat. 470 ). ] ( m ) * Notice Under This Section After Separation From Service. The resignation, termination of employment or participation, or separation of an institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to a member bank ( including a separation caused by the closing of such a bank ) shall not affect the jurisdiction and authority of the appropriate Federal banking agency to issue any notice and proceed under this section against any such party, if such notice is served before the end of the 6-year period beginning on the date such party ceased to be such a party with respect to such bank ( whether such date occurs before, on, or after the date of the enactment of this subsection ).\n\n[ 12 USC 504 ( m ). As added by act of Aug. 9, 1989 ( 103 Stat. 461 ). ] If the CEO, CFO or indentured trustee for ONE MAIN FINANCIAL believe any points of law are incorrect they shall respond in writing refuting the points they believe are incorrect. Rebut any points that ONE MAIN FINANCIAL believes is incorrect with a detailed statement explaining why they believe the point of law is incorrect.\n\nI hereby instruct the CEO, CFO or indentured trustee for ONE MAIN FINANCIAL Send the loan applied for by the XXXX XXXX, which is in the amount of {$10000.00} as well as any other interest, titles, rights and equity to the address : XXXX XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX \n\n\n\nPlease respond in writing if these instructions can not be completed. You have five business days. If I receive nothing stating that the instructions can not be completed, I can assume and presume these instructions have been successfully performed. \n\nNotice of intent to sue was also sent on XX/XX/XXXX. \n\n\nBY : XXXX XXXX XXXX FOR : XXXX XXXX XXXX XXXXXXXX XXXX","date_sent_to_company":"2023-10-17T19:02:04.000Z","issue":"Getting a line of credit","sub_product":"Personal line of credit","zip_code":"30507","tags":null,"has_narrative":true,"complaint_id":"7711115","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2023-10-17T18:44:16.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["In no event shall such <em>security</em> collateral be less than the amount of Federal Reserve Notes applied for. \n\nCollateral is an <em>asset</em> you can pledge to secure financing. The collateral <em>security</em> I offered was the application with the XXXX XXXX name and social <em>security</em> number. Along with that a tender was attached. \n\nI applied for {$10000.00} and gave ONE MAIN FINANCIAL the <em>security</em> on behalf of XXXX XXXX XXXX <em>which</em> on face value would be worth {$10000.00} ( the same amount I applied for )."]},"sort":[9.6126795,"7711115"]},{"_index":"complaint-public-v1","_id":"10386866","_score":9.526943,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX XXXX XXXX Highway XXXX XXXX XXXX, AL XXXX To XXXX XXXX XXXX XXXX XXXX XXXX  . \nXXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX CC : Best Buy Credit Services XXXX XXXX XXXX XXXX XXXX, MO XXXX Credit Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX Certified Mail Number XXXX RE : BEST BUY CITIBANK , N.A . Account XXXX. XXXX NOTICE OF DISPUTE Dear XXXX XXXX XXXX It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13. \n\nYou have been requiring Federal Reserve XXXX as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. CITIBANK N.A replied and demanded payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. \n\n\nThis Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved. \n\n\n\n\n\nTHE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) See : XXXX : XXXX After reasonable inquiry I have concluded that CITIBANK , N.A . is in breach of the alleged agreement. The following facts support my position in this matter : XXXX. CITIBANK , N.A . failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter consumer ) that CITIBANK , N.A . used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby CITIBANK , N.A . did not perform under the agreement and risked nothing of value. \n\nXXXX. CITIBANK , N.A . has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. \n\nXXXX. CITIBANK , N.A . received something-for-nothing by using the consumers note ( XXXX ) to fund charges to the credit card account while retaining payments from consumer. \n\nXXXX. So, a breach occurred due to the fact that CITIBANK , N.A . failed to disclose the above information in their credit card agreement prior to soliciting applicant to become bound by it. \n\nXXXX. Due to the breach, and lack of disclosure, CITIBANK , N.A . has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud.\n\n6. Due to the securitization of the initial outstanding balances of the alleged account, CITIBANK , N.A . is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. \n\nXXXX. When accounts are 90 days or more overdue, CITIBANK , N.A . receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. \n\nI want to receive absolute assurance from CITIBANK , N.A . that they did not breach the agreement. \n\nIn order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand XXXX, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. \n\nIn addition, please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that CITIBANK , N.A . incurred under the alleged agreement.\n\n2. A copy of any insurance claim having been made by CITIBANK , N.A . regarding this account.\n\n3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account.\n\n4. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website.\n\n5. The name, address and telephone number of CITIBANK, N.A.s CPA auditor.\n\n6. Verification if this debt has been assigned or sold to a debt collector.\n\n7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful.\n\n8. If this debt has been sold to a debt collector, please provide the price for which it was sold.\n\nIt would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.\n\nThe can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA.\n\nYou are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy.\n\nI am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.\n\nAll communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.\n\nYou must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable. \n\nThis notice also constitutes a Notice to XXXX XXXX XXXX. Non-compliance with this request will violate the XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \n\nIf you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud? \n\n\nNOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. \n\nNotice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal. \n\n\nClaim for which relief can be granted 1. Reopen Account Ending 8340 with zero balance. Or provide new account with zero balance.\n\n2. Remove the Credit Limit ( S ) 3. Accept Negotiable Instrument for setoff payable in US dollars monthly.\n\n4. Remove all adverse information from my consumer credit report Thank you very much I declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth. \n\n\nSincerely, ________________________________________ Signed without prejudice by XXXX XXXX XXXX XXXX. Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation.","date_sent_to_company":"2024-10-08T03:55:30.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"Store credit card","zip_code":"357XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10386866","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2024-10-08T03:48:44.000Z","state":"AL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["<em>Account</em> XXXX. XXXX NOTICE OF DISPUTE Dear XXXX XXXX XXXX It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13. \n\nYou have been requiring Federal Reserve XXXX as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation."]},"sort":[9.526943,"10386866"]},{"_index":"complaint-public-v1","_id":"10363128","_score":9.520726,"_source":{"product":"Debt collection","complaint_what_happened":"It has come to my attention that I have been making payments in error\n\npursuant to 12 CFR 1026.13. You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. Since XXXX XXXX I attempted to establish a new course of dealing utilizing the notice sent to me every month. AMERICAN EXPRESS replied and demand payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. This Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and with the consent of all parties involved. You must contact me in writing and request an extension if you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable. THE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts\ncorresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. \n\nSee : XXXX : XXXX After reasonable inquiry I have concluded that AMERICAN EXPRESS is in breach of the alleged agreement. The following facts support my position in this matter : 1. AMERICAN EXPRESS failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter consumer ) that AMERICAN EXPRESS used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby AMERICAN EXPRESS did not perform under the agreement and risked nothing of value. \n\n\n\n2. AMERICAN EXPRESS has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account.\n\n3. AMERICAN EXPRESS received something-for-nothing by using the consumers note ( s ) to fund charges to the credit card account while retaining payments from consumer.\n\n4. So, a breach occurred due to the fact that AMERICAN EXPRESS failed to disclose the above infor\n\nmation in their credit card agreement prior to soliciting applicant to become bound by it. 5. Due to the breach, and lack of disclosure, AMERICAN EXPRESS has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud.\n\n6. Due to the securitization of the initial outstanding balances of the alleged account, AMERICAN EXPRESS is not a holder in due course, and therefore can not have incurred a loss or make a valid claim.\n\n7. When accounts are 90 days or more overdue, AMERICAN EXPRESS receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. \n\nI want to receive absolute assurance from AMERICAN EXPRESS that they did not breach the agreement. \n\nIn order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. \n\nIn addition, please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that AMERICAN EXPRESS incurred under the alleged agreement.\n\n2. A copy of any insurance claim having been made by AMERICAN EXPRESS regarding this account.\n\n3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account.\n\n4. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website.\n\n5. The name, address and telephone number of AMERICAN EXPRESSs CPA auditor.\n\n6. Verification if this debt has been assigned or sold to a debt collector.\n\n7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful.\n\n8. If this debt has been sold to a debt collector, please provide the price for which it was sold.\n\nIt would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.\n\nThe can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. \n\nYou are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for a suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy.\n\nI am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.\n\nAll communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.\n\nThis notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227.\n\nIf you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud? \n\n\nNOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT.\n\nNotice to the Principal is Notice to the Agent and Notice to the Agent is Notice to the Principal.\n\nClaim for which relief can be granted 1. Reopen Account Ending 7-71009 with zero balance. Or provide new account with zero balance.\n\n2. Remove the Credit Limit ( S ) 3. Accept Negotiable Instrument for setoff payable in US dollars monthly.\n\n4. Remove all adverse information from my consumer credit report Thank you, very much and best regards.\n\nI declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth. \n\n\n\nP.S. Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation.","date_sent_to_company":"2024-10-06T21:52:06.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"357XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10363128","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-10-06T21:52:04.000Z","state":"AL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation. Since XXXX XXXX I attempted to establish a new course of dealing utilizing the notice sent to me every month. AMERICAN EXPRESS replied and demand payment in a specific type of coin or currency."]},"sort":[9.520726,"10363128"]},{"_index":"complaint-public-v1","_id":"10362959","_score":9.520726,"_source":{"product":"Debt collection","complaint_what_happened":"It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13.\n\nYou have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. XXXX XXXX replied and demand payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. \n\nThis Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and with the consent of all parties involved.\n\nYou must contact me in writing and request an extension if you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable.\n\nTHE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. \n\nSee : XXXX : XXXX After reasonable inquiry I have concluded that XXXX XXXX XXXX XXXX breach of the alleged agreement. The following facts support my position in this matter : XXXX. XXXX XXXX failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter XXXX ) that XXXX XXXX used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby XXXX XXXX did not perform under the agreement and risked nothing of value. \n\n\n\nXXXX. XXXX XXXX has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. \n\nXXXX. XXXX XXXX received something-for-nothing by using the consumers note ( XXXX ) to fund charges to the credit card account while retaining payments from consumer. \n\nXXXX. So, a breach occurred due to the fact that XXXX XXXX failed to disclose the above information in their credit card agreement prior to soliciting applicant to become bound by it. \n\nXXXX. Due to the breach, and lack of disclosure, XXXX XXXX has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section XXXX of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud. \n\nXXXX. Due to the securitization of the initial outstanding balances of the alleged account, XXXX XXXX is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. \n\nXXXX. When accounts are 90 days or more overdue, XXXX XXXX receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. \n\nI want to receive absolute assurance from XXXX XXXX that they did not breach the agreement. \n\nIn order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand XXXX, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. \n\nIn addition, please furnish me with the following information : XXXX. A complete statement of Damages, including each and every loss that XXXX XXXX incurred under the alleged agreement. \n\nXXXX. A copy of any insurance claim having been made by XXXX XXXX regarding this account. \n\nXXXX. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account. \n\nXXXX. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. \n\nXXXX. The name, address and telephone number of XXXX XXXX CPA auditor. \n\nXXXX. Verification if this debt has been assigned or sold to a debt collector. \n\nXXXX. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful. \n\nXXXX. If this debt has been sold to a debt collector, please provide the price for which it was sold.\n\nIt would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.\n\nThe can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. \nYou are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for a suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy. \n\nI am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.\n\nAll communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. \n\n\n\nThis notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227.\n\nIf you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud? \n\n\nNOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. \n\nNotice to the Principal is Notice to the Agent and Notice to the Agent is Notice to the Principal.\n\nClaim for which relief can be granted 1. Reopen Account Ending 7-71009 with zero balance. Or provide new account with zero balance.\n\n2. Remove the Credit Limit ( S ) 3. Accept Negotiable Instrument for setoff payable in US dollars monthly.\n\n4. Remove all adverse information from my consumer credit report Thank you, very much and best regards.\n\nI declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth. \n\n\n\nP.S. Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation.","date_sent_to_company":"2024-10-06T21:51:58.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"357XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10362959","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ZWICKER & ASSOCIATES","date_received":"2024-10-06T21:46:56.000Z","state":"AL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. XXXX XXXX replied and demand payment in a specific type of coin or currency."]},"sort":[9.520726,"10362959"]},{"_index":"complaint-public-v1","_id":"9983936","_score":8.973748,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I want to bring an action against Freedom Mortgage Corporation under the Consumer Financial Protection Act ( CFPA ), 12 U.S.C. 5564 ( a ), and the Home Mortgage Disclosure Act ( HMDA ), 12 U.S.C. 2804 ( b ) ( 1 ) ( B ), ( d ), and its implementing regulation, Regulation C, 12 C.F.R. 1003, and alleges as follows : Please provide the following : 1. Original, non-photocopied agreement granting the authority to collect on the alleged debt, signed by all parties and agents/representatives.\n\n2. Certified copy of the executed Mortgage Loan Purchase Agreement.\n\n3. Certified copy of the executed Custodial Agreement ( the Mortgage Loan Documents ).\n\n4. Certified copy of the Mortgage File, including the mortgagee policy of title insurance and any Mortgage Loan Documents delivered to the Trustee or Custodian, along with documents returned from the recording office. \nXXXX. Copy of the Acceptance of XXXX I by XXXX XXXX XXXX XXXXXXXX I, XXXX XXXX XXXX Interest, and the Regular Certificates beneficial ownership interest in XXXX XXXX XXXX \nXXXX. Proof of compliance with Section 860 of the Internal Revenue Code. \nXXXX. Declaration that the original Promissory Note has not been converted into a stock as a permanent fixture, is not a stock, and is exempt under the rules and regulations of the SEC. \nXXXX. Proof that the note was not converted into a stock or stock equivalent. \nXXXX. Declaration that the original deed of trust was transferred concurrently with the legal transfer of the note. \nXXXX. Any insurance claims made by any creditor regarding this account. \nXXXX. Any judgments obtained by any creditor regarding this account. \nXXXX. Name and address of alleged creditor. \nXXXX XXXX XXXX, XXXX as I am The True Creditor Not Debtor XXXX. Name on file of alleged debtor. \nXXXX. Alleged account number. \nXXXX. Address on file for alleged debtor. \nXXXX. Amount of alleged debt. \nXXXX. Date this alleged debt became payable. \nXXXX. Date of original charge off or delinquency. \nXXXX. Verification that this debt was assigned or sold to Freedom Mortgage Corporation. \nXXXX. Produce a Complete accounting of alleged debt. Public and Private side of the Ledger. \nXXXX. Transparency regarding the process of the consumer credit application being the financial asset ( 12 CFR 360.6 ( 2 ) ) ; As well as self-liquidating paper ( 17 CFR 260.1 1b ( 6 ) ). \nXXXX. Provide Documented Evidence from Your Sec Filings That The Financial Asset Isnt being Sold On the Secondary Market. \nXXXX. Provide Documented Evidence that this obligation didnt become an obligation of your Indentured Trustee. \nXXXX. Please provide evidence to the contrary that Negotiable Instruments are not used as a cash substitute. \nXXXX. Please provide evidence to the contrary pursuant to TITLE XXXX of the United States Code MONEY AND FINANCE, that Negotiable Instruments are not a circulating note of the Federal Reserve Banks and National Banking Associations. \nXXXX. Please provide proof and the legal authority that gives you the right or standing to claim that a remittance coupon can not be used as payment/ credit towards the account if endorsed properly. \nXXXX. I require you to file the 1099A & 1099C. For Remedy of this matter.\n\n28. Show cause why you should not be charged with Treason and Conspiracy to Commit Treason for overthrowing the Constitution for the United States of America Article III Judiciary. 29.18 USC 242 and 42 USC 1983 provide that : Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or Laws of the United States, shall be fined under this title or imprisoned not more than one year, or both, 42 USC 1983 further provides that a violator shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Please Provide Your Exemption Status to the Constitution that allows you to act under color of law, and deprive I the Beneficiary of the Constitutional Trust and Beneficiary of the Trust/Surety XXXX XXXX XXXX of my rights, privileges, or immunities secured or protected by the Constitution or Laws of the United States XXXX \nXXXX. Please Provide Documented Evidence That You Have Destroyed the previously Presented Tender I XXXX XXXX XXXX, Beneficiary Presented for Set-off. \nXXXX. Please Provide the Accounting That Shows That You issued a Loan from Your Banks Capital. From both Sides of the Ledger. \nXXXX. FREEDOM MORTGAGE CORPORATION and its corporate officers and agents, et al are the Trustee/Fiduciary in this Trust action and Fiduciary Relationship. Please Provide Documented Evidence That You are Not Trustees with a fiduciary duty to do Whats Beneficial Towards the Trust only. \nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION did not sell my note in order to securitize it, in violation of 15 USC 78c Section 10. \nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION did not use XXXX : XXXX 's signature to access XXXX XXXX XXXX CESTI QUE TRUST account, for the funds acquired to be loaned to XXXX XXXX XXXX, Beneficiary and FREEDOM MORTGAGE CORPORATION did not become the intermediary and fiduciaries for the Principal and Beneficiary XXXX XXXX XXXX XXXX XXXX and XXXX account XXXX XXXX XXXX XXXX XXXX Show evidence proof that FREEDOM MORTGAGE CORPORATION did not fail as Trustees for XXXX XXXX XXXX QUE TRUST as indicated via XXXX : XXXX 's Social Security number which was obtained by your company. \nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION can prove there is lawful money for Americans to repay a debt. \nXXXX. FREEDOM MORTGAGE CORPORATION shows proof of XXXX XXXX XXXX giving FREEDOM MORTGAGE CORPORATION permission to be Beneficiary over XXXX : XXXX, XXXX CESTI QUE TRUST Account. \n\nXXXX. FREEDOM MORTGAGE CORPORATION has fully followed the law of Regulation Z as enforced by the FTC. \n\nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION will NOT be damaged by non ( re ) payment of the alleged loan to XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. \n\nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION has not taken out insurance in the event of non ( re ) payment of alleged loan where FREEDOM MORTGAGE CORPORATION would be 100 % compensated in case of a non ( re ) payment of alleged loan. \n\nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION can prove that repossession is constitutional. \n\nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION can prove that lending bank money is lawful. \nXXXX. Show evidence proof that FREEDOM MORTGAGE CORPORATION proves that lending investors money is lawful. \nXXXX. The following requests are made : XXXX. Provide evidence that FREEDOM MORTGAGE CORPORATION can prove that XXXX XXXX XXXX 's signature did not create the funds. \n\nXXXX. Provide evidence that FREEDOM MORTGAGE CORPORATION and the Dealer acted in good faith and disclosed full details to XXXX XXXX XXXX at the time of signing the note. As an Assignee of the Note, they are subject to act in good faith and disclose all material information in this fiduciary relationship. \n\nXXXX. I demand to see the original securities signed by me with the trust business entities \" STATE OF FLORIDA '' and/or XXXX XXXX XXXXXXXX and/or \" XXXX XXXX XXXXXXXX '' and/or \" XXXX OF FLORIDA DEPARTMENT OF SAFETY AND HOMELAND SECURITY , '' wherein the language is written that I was relinquishing my lawful status as a human and/or as the human beneficiary of the XXXX XXXX XXXX XXXX and thereby becoming the Trustee of said trust. \nXXXX. Additionally, I need to see if the original securities have, indeed, been filed with the DTC as securities to support whether or not your business net worth has increased through your use of my credit and the Trusts-credit ; XXXX. The documentation you present is confusing in as much as you relate the alleged defendant to be the Trust XXXX XXXX XXXX, and not the beneficiary of said trust ; therefore, I need written clarification as to precisely who or what was intended as the contractors, and if different than what is written why have you not addressed XXXX points as Fiduciary Agents With a duty to act in Good faith with the best interests of the beneficiary. \nXXXX. For example : Your documentation designates the contracted as XXXX XXXX XXXX and that name is connected to the SSN/TIN issued by the Social Security Administration as a Trust wherein XXXX XXXX XXXXXXXX XXXX XXXX is the Man that is the beneficiary ; hence, you know very well that I can not be the Trustee of said Trust with authority to agree to anything in relation of the Trust. \nXXXX. Additionally, I can not understand what is intended as what the alleged real parties in interest are, therefore, evidence of who or what is intended as the real parties in interest. \nXXXX. Show evidence proof that to support that you were not creating an action against the Trust which you could not possibly have committed the action so charged because it is a fiction of law ; Evidence that you, the Accused, did not fraudulently collect from both me and the XXXX XXXX XXXX XXXX. \nand that you are not attempting to collect from me and the XXXX XXXX XXXX XXXX. \nXXXX. Show evidence proof that you, or your officers, agents, brokers and/or intermediaries have not collected a considerable amount of monies from the Trust SDT through merchant Trustees FREEDOM MORTGAGE CORPORATION having fraudulently created three ( 3 ) plus bonds on the case ; XXXX. Explain why neither I nor the XXXX XXXX XXXX XXXX was paid the royalties from these bonds created by XXXX FREEDOM MORTGAGE CORPORATION. As a Fiduciary in this Relationship that is a Breach of Fiduciary Duties Justifying that You are Compensating Yourselves which is a conflict of Interest. \nXXXX. Show evidence proof that Official verification as to precisely what is to be used as payment ; XXXX. As the Trustees, which you volunteered to be the Trustees/Fiduciary, send me a full accounting of all activity in the XXXX XXXX XXXX XXXX from its inception public and private so that I XXXX have this for my records. \nXXXX. Please provide evidence that as a Financial Institution registered in XXXX XXXX and/or specifically in the STATE OF FLORIDA, you are not bound by the FLORIDA statutes and the Uniform Commercial Code. \nXXXX. Please provide evidence that the Uniform Commercial Code ( UCC ) is not a comprehensive set of laws governing all commercial contracts in the United States. \nXXXX. Please provide evidence of your institution 's exemption status to Article XXXX of the XXXX XXXX XXXX that covers commercial paper such as drafts, promissory notes, and Checks, are not acceptable as a means to satisfy and or discharge financial obligations. \nXXXX. Please provide evidence to the contrary that Negotiable Instruments are not used for purposes of payments of goods. \nXXXX. Please provide evidence to the contrary that Negotiable Instruments are not used as a cash substitute. \nXXXX. Please provide evidence to the contrary pursuant to TITLE XXXX of the United Code XXXX AND XXXX, that Negotiable Instruments are not a circulating note of the Federal Reserve Banks and National Banking Associations. \nXXXX. Please provide proof that a remittance coupon can not be used as payment/ credit towards the account if endorsed properly. \nXXXX. I require you to file the 1099A & 1099C. AFTER REMEDY OF THIS MATTER. \nXXXX. Show cause why you should not be charged with XXXX and Conspiracy to Commit Treason for overthrowing the Constitution for the United States of America Article III Judiciary 64. Provide the Lien UCC1 filed with the States Attorney Validating Your Claim. Not a Copy of The Title Showing FREEDOM MORTGAGE CORPORATION. But a Valid UCC1 filed With the States Attorney General and or Florida Secretary of State under Seal. \nPlease provide the name and address of the bonding agent for FREEDOM MORTGAGE CORPORATION in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. Best Regards XXXX XXXX XXXX, XXXX. \nEvery taxpayer is a cestui que trust having a sufficient interest in preventing abuse of the trust to be recognized in the field of this courts prerogative jurisdiction as a relator in the proceeding to set a sovereign authority in motion by action In re XXXX XXXX XXXX. XXXX XXXX ( XXXX ) supreme Court Wisconsin FREEDOM MORTGAGE CORPORATION, CEO, AND CFO HAVE 30 DAYS TO RESPOND AND REBUT ITEM BY ITEM VIA SWORN TESTIMONY UNDER PENALTY OF PERJURY IN AFFIDAVIT FORM. FAILURE TO RESPOND AFTER RECEIPT OF THIS AFFIDAVIT IS AGREEING TO THIS AFFIDAVIT BY MAXIMS OF LAW. IN FAILURE TO RESPOND WILL CONSTITUTE AQUIESCENCE, THEREFORE, I WILL CONSIDER THIS ACCOUNT BROUGHT TO XXXX, AND THE ACCOUNT IN SATISFACTORY STATUS. \nI hereby serve you with the foregoing facts and charges. If the you does not respond to the facts and charges herein enumerated and articulated with the facts and law supporting in denial and or objection within ( XXXX ) days, all facts and charges are thereby acquiesced to by you. \nFailure to object timely means you waive the objection. You, The Trustees and your principals, therefore, hold responsibility for these actions you executed for the Trust corporations along with the Trusts involved. This Conditional Acceptance gives witness to your crimes and actions. A Public official is a fiduciary toward the public, including in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them he is guilty of fraud, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ). Public officials are also trustee [ XXXX ] and servant [ XXXX ] of the people, XXXX XXXX XXXX XXXX XXXXXXXX XXXX. XXXX XXXX, XXXX ( XXXX ). Public office is a public trust or agency for the benefit of the people to be administered under legislative control in the interest of the people. State XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX, Supreme Court of Montana ( XXXX ). \nSince logic and common-sense dictate that you would not have committed these acts without already having this information supra readily available, I hereby hold FREEDOM MORTGAGE CORPORATION in violation of Constitutional Law, the Common Law and the abrogation of the Common Law known as statutes, see Title 18 United States Code [ hereinafter 18 USC ] USC 1341 and 18 USC XXXX XXXX Criminal fraud ; Conspiracy to commit fraud ; Commercial misconduct ; Malicious Practices ; Malfeasance of office ; Conspiracy against my Rights ; see Title 18 USC 241 ; Deprivation of Rights under color of Law, 242 ; Falsifying legal documents, 1001 ; Double Dipping, and other crimes specified and supported herein as well as mail fraud. Fraud vitiates all contracts.\n\nCertificate of Service and Interested Parties However, your claim is conditionally accepted by XXXX XXXX XXXX, XXXX as the man and the beneficiary, if it was/is intended to relate to me, with the following conditions : If, on the other hand, you, the Trustees, and your principals, can not satisfy these conditions in the time allotted, allowing for a reasonable extension if requested must be in writing stating the specific time needed, and the reason why. Amongst other facts addressed in this Conditional Acceptance of your Offer to me XXXX XXXX XXXX, XXXX, the Trustees and your principals, willfully, knowingly, and maliciously were seeking to commit fraud against me XXXX XXXX XXXX XXXX and deprive me XXXX XXXX XXXXXXXX of my rights and property both against XXXX XXXX XXXXXXXX and XXXX Social Security XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, you hereby contract to the following : XXXX. For any injuries to me XXXX XXXX XXXX, XXXX the Trustees and their principals are indebted to me XXXX : XXXX XXXX XXXX for XXXX XXXX XXXX and no cents ( {$200000.00} ) Dollars jointly or severally in the money of account of the United States of America , Article I , Section 10 [ 1 ], wherein it states, 2. No State shallmake anything but gold and silver Coin a Tender in Payment of Debts. If you have no gold and silver Coin then I will receive without prejudice Federal Reserve- Notes, a Bank-draft XXXX or the like in lieu of the gold and silver Coin for the sum total. \nXXXX. Furthermore, witnessed through this Conditional Acceptance you willfully and knowingly injured me, so I have the authority to create a Claim of Lien against you each and file a financing statement against you each supporting my lien as I deem necessary to protect me, my property and my rights if needed at any time. Additionally, to facilitate my rights under this Conditional Acceptance and Security Agreement you agree that I have your Power of Authority/Attorney to file anything to bring about the payment of this debt and protect me, my property, and my rights and that you have no right of action or recourse in any action at law, action in equity or Admiralty or any other law herein written or implied against me or my filings. Additionally, you agree that you grant your Power of Authority/Attorney to me XXXX : XXXX XXXX Beneficiary so that I am able to collect the damages through a lien, UCC-1, UCC-3, Treasury forms 1040-V, 1096 and 1099-A and 1099-OID. \nXXXX. Additionally, you agree that every year an additional set of liens can be filed with the Treasury if such injury to me persists on a yearly basis. It is understood that even though a Treasury Form 1040 is for a Tax Class 2 and the 1099- A and 1099-OID are a Tax Class 5, I do not know any other way of filing this debt for collection other than to use these forms, so I use them without prejudice. \nThe ability to place a lien upon a ( wo ) mans property, such as to temporarily deprive him ( her ) of its beneficial use, without any judicial determination of probable cause dates back not only to XXXX XXXXXXXX but also to XXXX times. United States Supreme Court, XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \nI, XXXX XXXX XXXX, XXXX do hereby avow that based upon my firsthand knowledge and information relayed to me from research, this Conditional Acceptance, is true, accurate and correct to the best of my knowledge, information and belief and conveys the conditions set forth under this Conditional Acceptance as intended by me the man and by me the human Principal/Beneficiary to and human beneficiary of the Social Security Cestui que XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nI do in good faith expect you to handle these matters with ordinary care to address all subject matter.","date_sent_to_company":"2024-08-30T02:22:56.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"34786","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"9983936","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Freedom Mortgage Company","date_received":"2024-08-30T01:55:00.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with personal statement of dispute"},"highlight":{"complaint_what_happened":["indicated via XXXX : XXXX 's Social <em>Security</em> number <em>which</em> was obtained by your company."]},"sort":[8.973748,"9983936"]},{"_index":"complaint-public-v1","_id":"10398224","_score":8.949361,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX XXXX AGENT/BENEFICIARY/SECURED PARTY XXXX Highway XXXX # XXXX XXXX, AL XXXX To : XXXX XXXX XXXX SYNCHRONY FINANCIAL XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX Inquiries XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Credit Reports and Account XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX XXXX Certified Mail Number XXXX CFPB XXXX ID FOR COMPLAINT SENT TO SYNCHRONY FINANCIAL XXXX RE : PayPal Credit ACCT # XXXX XXXX NOTICE OF DISPUTE Dear XXXX XXXX XXXX Or acting representative It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13.\n\nYou have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. XXXX XXXX replied and demanded payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable. \n\nProvisional Credits were given and then reversed which damaged my credit score and caused me serious financial harm in the process.\n\nThis Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved.\n\nTHE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) See : https : //www.fdic.gov/regulations/examinations/credit_card_securitization/ch2.html After reasonable inquiry I have concluded that SYNCHRONY FINANCIAL is in breach of the alleged agreement. The following facts support my position in this matter : 1. SYNCHRONY FINANCIAL failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter XXXX ) that SYNCHRONY FINANCIAL used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby SYNCHRONY FINANCIAL did not perform under the agreement and risked nothing of value. \n\n2. SYNCHRONY FINANCIAL has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account.\n\n3. SYNCHRONY FINANCIAL received something-for-nothing by using the consumers note ( s ) to fund charges to the credit card account while retaining payments from consumer.\n\n4. So, a breach occurred due to the fact that SYNCHRONY FINANCIAL failed to disclose the above information in their credit card agreement prior to soliciting applicant to become bound by it.\n\n5. Due to the breach, and lack of disclosure, SYNCHRONY FINANCIAL has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud.\n\n6. Due to the securitization of the initial outstanding balances of the alleged account, SYNCHRONY FINANCIAL is not a holder in due course, and therefore can not have incurred a loss or make a valid claim.\n\n7. When accounts are 90 days or more overdue, SYNCHRONY FINANCIAL receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower.\n\nI want to receive absolute assurance from SYNCHRONY FINANCIAL that they did not breach the agreement.\n\nIn order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures.\n\nIn addition, please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that SYNCHRONY FINANCIAL incurred under the alleged agreement.\n\n2. A copy of any insurance claim having been made by SYNCHRONY FINANCIAL regarding this account.\n\n3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account.\n\n4. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website.\n\n5. The name, address and telephone number of SYNCHRONY FINANCIALs CPA auditor.\n\n6. Verification if this debt has been assigned or sold to a debt collector.\n\n7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful.\n\n8. If this debt has been sold to a debt collector, please provide the price for which it was sold.\n\nIt would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.\n\nThe can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA.\n\nYou are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy.\n\nI am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.\n\nAll communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.\n\nYou must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable.\n\nThis notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227.\n\nIf you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud?\n\nNOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT.\n\nNotice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal.\n\nClaim for which relief can be granted 1. Reopen Account Ending XXXX with XXXX balance. Or provide new account with XXXX balance. \nXXXX. Remove the Credit Limit ( S ) 3. Accept Negotiable Instrument for setoff payable in US dollars monthly.\n\n4. Remove all ( see highlighted sheet ) adverse information from my consumer credit report. Including ALL late payments.\n\nThank you very much I declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth.\n\nSincerely, ________________________________________ Signed without prejudice by XXXX XXXX XXXX XXXX. Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation. \n\nCc : XXXX. XXXX Corporate Headquarters Attention : XXXX XXXX/ Chairman XXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX. XXXX Corporate Headquarters Attention : XXXX XXXX / XXXX XXXX XXXX XXXX, XXXX IL XXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX TX XXXX XXXX. Consumer Financial Protection Bureau XXXX : Enforcement Division XXXX XXXX XXXX XXXX, Washington DC XXXX","date_sent_to_company":"2024-10-10T06:49:20.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"357XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10398224","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-10-10T06:39:43.000Z","state":"AL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation. \n\nSince XX/XX/year> I attempted to establish a new course of dealing utilizing the notice sent to me every month. XXXX XXXX replied and demanded payment in a specific type of coin or currency."]},"sort":[8.949361,"10398224"]},{"_index":"complaint-public-v1","_id":"10377850","_score":8.8650875,"_source":{"product":"Credit card","complaint_what_happened":"To : XXXX XXXX BARCLAYS BANK DELAWARE XXXX XXXX XXXX XXXX XXXX, DE XXXX XXXX Certified Mail Number XXXX XXXX XXXX Billing Error Dispute : XXXX XXXX XXXX  XXXX XXXX XXXX, DE 1988 RE : BARCLAYS BANK DELAWARE Account No. XXXX CFPB Complaint NOTICE OF DISPUTE Dear XXXX XXXX XXXX XXXX successor/representative : Thank you for the statement dated XXXX that your institution recently sent me, expecting payment for an alleged debt. \n\nIt has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13.\n\nYou have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social security exemption account ) served as an asset, which also satisfies the alleged monthly obligation. \n\nI have attempted to establish a new course of dealing utilizing the notice sent to me every month. BARCLAYS BANK DELAWARE replied and demand payment in a specific type of coin or currency. Your demand for a specific type of currency is unlawful and unenforceable.\n\nThis Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved. \n\nYou must contact me in writing and request an extension in the event that you need more than XXXX ( XXXX ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable. \n\n\n\nTHE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) See : XXXX : XXXX After reasonable inquiry I have concluded that BARCLAYS BANK DELAWARE XXXX XXXX breach of the alleged agreement. The following facts support my position in this matter : XXXX. BARCLAYS BANK DELAWARE failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter XXXX ) that BARCLAYS BANK DELAWARE used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby BARCLAYS BANK DELAWARE did not perform under the agreement and risked nothing of value. \n\n\nXXXX. BARCLAYS BANK DELAWARE has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. \n\nXXXX. BARCLAYS BANK DELAWARE received something-for-nothing by using the consumers note ( XXXX ) to fund charges to the credit card account while retaining payments from consumer. \n\nXXXX. So, a breach occurred due to the fact that BARCLAYS BANK DELAWARE failed to disclose the above information in their credit card agreement prior to soliciting applicant to become bound by it. \n\nXXXX. Due to the breach, and lack of disclosure, BARCLAYS BANK DELAWARE has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Section XXXX7 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud.\n\n6. Due to the securitization of the initial outstanding balances of the alleged account, BARCLAYS BANK DELAWARE is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. \n\nXXXX. When accounts are 90 days or more overdue, BARCLAYS BANK DELAWARE receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. \n\nI want to receive absolute assurance from BARCLAYS BANK DELAWARE that they did not breach the alleged agreement. \n\nIn order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand XXXX, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. \n\nIn addition, please furnish me with the following information : XXXX. A complete statement of Damages, including each and every loss that BARCLAYS BANK DELAWARE incurred under the alleged agreement. \n\nXXXX. A copy of any insurance claim having been made by BARCLAYS BANK DELAWARE regarding this account. \n\nXXXX. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account. \n\nXXXX. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. \n\nXXXX. The name, address and telephone number of BARCLAYS BANK DELAWAREs CPA auditor.\n\n6. Verification if this debt has been assigned or sold to a debt collector.\n\n7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful. \n\nXXXX. If this debt has been sold to a debt collector, please provide the price for which it was sold. \n\n\nIt would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : \" a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.\n\nThe can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA.\n\nYou are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, XXXX XXXX ( a ) ( XXXX ) [ XXXX XXXX XXXX XXXX if you do not place the disclosure within the required ( XXXX ) day period. \n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy.\n\nI am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.\n\nAll communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. \n\nYou must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable.\n\nThis notice also constitutes a Not\nice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227.\n\nIf you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? \n\n\nNOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. \n\nNotice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal. \n\nClaim for which relief can be granted XXXX. Reopen Account Ending XXXX with XXXX balance. Or provide new account with XXXX balance. \nXXXX. Remove the Credit Limit ( S ) and place the account in do no pay do not collect status XXXX. Accept confirming payment for setoff utilizing the payment coupon monthly. \nXXXX. Remove all adverse information from my consumer credit report. Including late payments and charge offs Thank you, very much/ I declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth. \n\n\n\nSigned without prejudice by XXXX XXXX XXXX XXXX. Please be aware that dependent upon your response. I will be taking steps to initiate proceedings in federal court, I believe this is necessary for a fair resolution, and I am committed to pursuing this matter to its fullest extent. Also, the following companies have been notified of this situation. Including the Alabama State Attorney General","date_sent_to_company":"2024-10-07T08:17:11.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"357XX","tags":"Servicemember","has_narrative":true,"complaint_id":"10377850","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BARCLAYS BANK DELAWARE","date_received":"2024-10-07T07:58:47.000Z","state":"AL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["You have been requiring Federal Reserve Notes as payment, when in fact the original application with financial information ( Utilizing my social <em>security</em> <em>exemption</em> <em>account</em> ) <em>served</em> as an <em>asset</em>, <em>which</em> <em>also</em> satisfies the alleged monthly obligation. \n\nI have attempted to establish a new course of dealing utilizing the notice sent to me every month. BARCLAYS BANK DELAWARE replied and demand payment in a specific type of coin or currency."]},"sort":[8.8650875,"10377850"]},{"_index":"complaint-public-v1","_id":"9983638","_score":8.743603,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I want to bring an action against XXXXXXXX XXXX XXXXXXXX under the Consumer Financial Protection Act ( CFPA ), 12 U.S.C. 5564 ( a ), and the Home Mortgage Disclosure Act ( HMDA ), 12 U.S.C. 2804 ( b ) ( 1 ) ( B ), ( d ), and its implementing regulation, Regulation C, 12 C.F.R. 1003, and alleges as follows : Please provide the following : 1. Original, non-photocopied agreement granting the authority to collect on the alleged debt, signed by all parties and agents/representatives.\n\n2. Certified copy of the executed Mortgage Loan Purchase Agreement.\n\n3. Certified copy of the executed Custodial Agreement ( the Mortgage Loan Documents ).\n\n4. Certified copy of the Mortgage File, including the mortgagee policy of title insurance and any Mortgage Loan Documents delivered to the Trustee or Custodian, along with documents returned from the recording office. \n5. Copy of the Acceptance of XXXX I by Trustee Conveyance of XXXX I, The Class XXXX Interest, and the Regular Certificates beneficial ownership interest in XXXX XXXX XXXX \n6. Proof of compliance with Section 860 of the Internal Revenue Code.\n\n7. Declaration that the original Promissory Note has not been converted into a stock as a permanent fixture, is not a stock, and is exempt under the rules and regulations of the SEC.\n\n8. Proof that the note was not converted into a stock or stock equivalent.\n\n9. Declaration that the original deed of trust was transferred concurrently with the legal transfer of the note.\n\n10. Any insurance claims made by any creditor regarding this account.\n\n11. Any judgments obtained by any creditor regarding this account.\n\n12. Name and address of alleged creditor. \nXXXX XXXX XXXX, XXXX as I am The True Creditor Not Debtor XXXX. Name on file of alleged debtor. \n14. Alleged account number.\n\n15. Address on file for alleged debtor.\n\n16. Amount of alleged debt.\n\n17. Date this alleged debt became payable.\n\n18. Date of original charge off or delinquency.\n\n19. Verification that this debt was assigned or sold to XXXX XXXX  XXXX. \n20. Produce a Complete accounting of alleged debt. Public and Private side of the Ledger.\n\n21. Transparency regarding the process of the consumer credit application being the financial asset ( 12 CFR 360.6 ( 2 ) ) ; As well as self-liquidating paper ( 17 CFR 260.1 1b ( 6 ) ).\n\n22. Provide Documented Evidence from Your Sec Filings That The Financial Asset Isnt being Sold On the Secondary Market.\n\n23. Provide Documented Evidence that this obligation didnt become an obligation of your Indentured Trustee.\n\n24. Please provide evidence to the contrary that Negotiable Instruments are not used as a cash substitute.\n\n25. Please provide evidence to the contrary pursuant to TITLE 31 of the United States Code MONEY AND FINANCE, that Negotiable Instruments are not a circulating note of the Federal Reserve Banks and XXXX XXXX  XXXX. \nXXXX6. Please provide proof and the legal authority that gives you the right or standing to claim that a remittance coupon can not be used as payment/ credit towards the account if endorsed properly.\n\n27. I require you to file the 1099A & 1099C. For Remedy of this matter.\n\n28. Show cause why you should not be charged with Treason and Conspiracy to Commit Treason for overthrowing the Constitution for the United States of America Article III Judiciary. 29.18 USC 242 and 42 USC 1983 provide that : Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or Laws of the United States, shall be fined under this title or imprisoned not more than one year, or both, 42 USC 1983 further provides that a violator shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Please Provide Your Exemption Status to the Constitution that allows you to act under color of law, and deprive I the Beneficiary of the XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX of my rights, privileges, or immunities secured or protected by the Constitution or Laws of the United States .\n\n29. Please Provide Documented Evidence That You Have Destroyed the previously Presented Tender I XXXX XXXX XXXX, XXXX Presented for Set-off. \n30. Please Provide the Accounting That Shows That You issued a Loan from Your Banks Capital. From both Sides of the XXXX. \n31. XXXX XXXX  XXXX and its corporate officers and agents, et al are the Trustee/Fiduciary in this Trust action and Fiduciary Relationship. Please Provide Documented Evidence That You are Not Trustees with a fiduciary duty to do Whats Beneficial Towards the Trust only.\n\n32. Show evidence proof that XXXX XXXX XXXX  did not sell my note in order to securitize it, in violation of 15 USC 78c Section 10.\n\n33. Show evidence proof that XXXX XXXX XXXX did not use XXXX : XXXX 's signature to access XXXX XXXX XXXX CESTI QUE TRUST account, for the funds acquired to be loaned to XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX did not become the intermediary and fiduciaries for the Principal and Beneficiary Carlos-Manuel XXXX XXXX XXXX XXXX and XXXX account XXXX XXXX XXXX XXXX XXXX Show evidence proof that XXXX XXXX XXXX did not fail as Trustees for XXXX XXXX XXXX QUE TRUST as indicated via XXXX : XXXX 's Social Security number which was obtained by your company. \n35. Show evidence proof that XXXX XXXX XXXX can prove there is lawful money for Americans to repay a debt. \n36. XXXX XXXX  XXXX shows proof of XXXX XXXX XXXX giving XXXX XXXX XXXX permission to be Beneficiary over XXXX : XXXX, XXXX CESTI QUE TRUST Account. \n\n37. XXXX XXXX  XXXX has fully followed the law of Regulation Z as enforced by the FTC. \n\n38. Show evidence proof that FREEDOM MORTGAGE CORPORATION will NOT be damaged by non ( re ) payment of the alleged loan to XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. \n\n39. Show evidence proof that XXXX XXXX XXXX has not taken out insurance in the event of non ( re ) payment of alleged loan where XXXX XXXX XXXX  would be 100 % compensated in case of a non ( re ) payment of alleged loan. \n\n40. Show evidence proof that XXXX XXXX XXXX can prove that repossession is constitutional.\n\n41. Show evidence proof that XXXX XXXX XXXX  can prove that lending bank money is lawful.\n\n42. Show evidence proof that XXXX XXXX XXXX proves that lending investors money is lawful.\n\n43. The following requests are made : 44. Provide evidence that XXXX XXXX XXXX can prove that XXXX XXXX XXXX 's signature did not create the funds. \n\n45. Provide evidence that XXXX XXXX XXXX and the Dealer acted in good faith and disclosed full details to XXXX XXXX XXXX at the time of signing the note. As an Assignee of the Note, they are subject to act in good faith and disclose all material information in this fiduciary relationship. \n\n46. I demand to see the original securities signed by me with the trust business entities XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX '' wherein the language is written that I was relinquishing my lawful status as a human and/or as the human beneficiary of the XXXX XXXX XXXX XXXX and thereby becoming the XXXX XXXX XXXX XXXX. \n46. Additionally, I need to see if the original securities have, indeed, been filed with the DTC as securities to support whether or not your business net worth has increased through your use of my credit and the Trusts-credit ; 47. The documentation you present is confusing in as much as you relate the alleged defendant to be the Trust XXXX XXXX XXXX, and not the beneficiary of said trust ; therefore, I need written clarification as to precisely who or what was intended as the contractors, and if different than what is written why have you not addressed this/these points as Fiduciary Agents With a duty to act in Good faith with the best interests of the beneficiary.\n\n48. For example : Your documentation designates the contracted as XXXX XXXX XXXX and that name is connected to the SSN/TIN issued by the Social Security Administration as a Trust wherein XXXX XXXX XXXXXXXX XXXX XXXX is the Man that is the beneficiary ; hence, you know very well that I can not be the Trustee of said Trust with authority to agree to anything in relation of the Trust.\n\n49. Additionally, I can not understand what is intended as what the alleged real parties in interest are, therefore, evidence of who or what is intended as the real parties in interest.\n\n50. Show evidence proof that to support that you were not creating an action against the Trust which you could not possibly have committed the action so charged because it is a fiction of law ; Evidence that you, the Accused, did not fraudulently collect from both me and the XXXX XXXX XXXX XXXX. \nand that you are not attempting to collect from me and the XXXX XXXX XXXX XXXX. \n51. Show evidence proof that you, or your officers, agents, brokers and/or intermediaries have not collected a considerable amount of monies from the XXXX  XXXX  through merchant Trustees XXXX XXXX XXXX having fraudulently created three ( 3 ) plus bonds on the case ; 52. Explain why neither I nor the Trust XXXX XXXX XXXX was paid the royalties from these bonds created by Trustees XXXX XXXX  XXXX. As a Fiduciary in this Relationship that is a Breach of Fiduciary Duties Justifying that You are Compensating Yourselves which is a conflict of Interest. \n53. Show evidence proof that Official verification as to precisely what is to be used as payment ; 54. As the Trustees, which you volunteered to be the Trustees/Fiduciary, send me a full accounting of all activity in the XXXX XXXX XXXX XXXX from its inception public and private so that I may have this for my records.\n\n55. Please provide evidence that as a Financial Institution registered in XXXX XXXX and/or specifically in the XXXX XXXX XXXX you are not bound by the XXXX  statutes and the Uniform Commercial Code. \n56. Please provide evidence that the Uniform Commercial Code ( UCC ) is not a comprehensive set of laws governing all commercial contracts in the United States.\n\n57. Please provide evidence of your institution 's exemption status to Article 3 of the Uniform Commercial Code that covers commercial paper such as drafts, promissory notes, and Checks, are not acceptable as a means to satisfy and or discharge financial obligations.\n\n58. Please provide evidence to the contrary that Negotiable Instruments are not used for purposes of payments of goods. \n59. Please provide evidence to the contrary that Negotiable Instruments are not used as a cash substitute.\n\n60. Please provide evidence to the contrary pursuant to TITLE 31 of the United Code MONEY AND FINANCE, that Negotiable Instruments are not a circulating note of the Federal Reserve Banks and XXXX XXXX XXXX. \n61. Please provide proof that a remittance coupon can not be used as payment/ credit towards the account if endorsed properly.\n\n62. I require you to file the 1099A & 1099C. AFTER REMEDY OF THIS MATTER.\n\n63. Show cause why you should not be charged with Treason and Conspiracy to Commit Treason for overthrowing the Constitution for the United States of America Article III Judiciary 64. Provide the Lien UCC1 filed with the States Attorney Validating Your Claim. Not a Copy of The Title Showing FREEDOM MORTGAGE CORPORATION. But a Valid UCC1 filed With the States Attorney General and or Florida Secretary of State under Seal.\n\nPlease provide the name and address of the bonding agent for XXXX XXXX  XXXX in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. Best Regards XXXX XXXX XXXX, XXXX. \nEvery taxpayer is a cestui que trust having a sufficient interest in preventing abuse of the trust to be recognized in the field of this courts prerogative jurisdiction as a relator in the proceeding to set a sovereign authority in motion by action In re XXXX XXXX XXXX. XXXX XXXX ( XXXX ) supreme Court Wisconsin XXXX XXXX  XXXX, XXXX, AND XXXX HAVE 30 DAYS TO RESPOND AND REBUT ITEM BY ITEM VIA SWORN TESTIMONY UNDER PENALTY OF PERJURY IN AFFIDAVIT FORM. FAILURE TO RESPOND AFTER RECEIPT OF THIS AFFIDAVIT IS AGREEING TO THIS AFFIDAVIT BY MAXIMS OF LAW. IN FAILURE TO RESPOND WILL CONSTITUTE AQUIESCENCE, THEREFORE, I WILL CONSIDER THIS ACCOUNT BROUGHT TO XXXX, AND THE ACCOUNT IN SATISFACTORY STATUS. \nI hereby serve you with the foregoing facts and charges. If the you does not respond to the facts and charges herein enumerated and articulated with the facts and law supporting in denial and or objection within ( 30 ) days, all facts and charges are thereby acquiesced to by you.\n\nFailure to object timely means you waive the objection. You, The Trustees and your principals, therefore, hold responsibility for these actions you executed for the Trust corporations along with the Trusts involved. This Conditional Acceptance gives witness to your crimes and actions. A Public official is a fiduciary toward the public, including in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them he is guilty of fraud, U.S. v Holzer 816 F. 2d 304, 307 ( 1987 ). Public officials are also trustee [ s ] and servant [ s ] of the people, Georgia Department v. Sistrunk 291 S.E. 2d 524, 526 ( 1982 ). Public office is a public trust or agency for the benefit of the people to be administered under legislative control in the interest of the people. State ex rel Nagle v. Sullivan 40 P. 2d 995, 997, Supreme Court of Montana ( 1935 ).\n\nSince logic and common-sense dictate that you would not have committed these acts without already having this information XXXX readily available, I hereby hold XXXX XXXX XXXXXXXX in violation of Constitutional Law, the Common Law and the abrogation of the Common Law known as statutes, see Title 18 United States Code [ hereinafter 18 USC ] USC 1341 and 18 USC Chapter47 ; Criminal fraud ; Conspiracy to commit fraud ; Commercial misconduct ; Malicious Practices ; Malfeasance of office ; Conspiracy against my Rights ; see Title 18 USC 241 ; Deprivation of Rights under color of Law, 242 ; Falsifying legal documents, 1001 ; Double Dipping, and other crimes specified and supported herein as well as mail fraud. Fraud vitiates all contracts.\n\nCertificate of Service and Interested Parties However, your claim is conditionally accepted by XXXX XXXX XXXX, XXXX as the man and the beneficiary, if it was/is intended to relate to me, with the following conditions : If, on the other hand, you, the Trustees, and your principals, can not satisfy these conditions in the time allotted, allowing for a reasonable extension if requested must be in writing stating the specific time needed, and the reason why. Amongst other facts addressed in this Conditional Acceptance of your Offer to me XXXX XXXX XXXX, XXXX, the Trustees and your principals, willfully, knowingly, and maliciously were seeking to commit fraud against me XXXX XXXX XXXX XXXX and deprive XXXX Carlos-Manuel : XXXX XXXX XXXX XXXX and XXXX both against Carlos-Manuel : XXXX and XXXX Social Security XXXX Que XXXX XXXX XXXX XXXX, you hereby contract XXXX XXXX XXXX : XXXX. For any injuries to me XXXX XXXX XXXX, XXXX the Trustees and their principals are indebted to me XXXX : XXXX XXXX XXXX for XXXX XXXX XXXX and no cents ( {$200000.00} ) Dollars jointly or severally in the money of account of the United States of America XXXX XXXX XXXX XXXX Section XXXX [ XXXX ], wherein it states, XXXX. No State shallmake anything but gold and silver XXXX a XXXX in XXXX of Debts. If you have no gold and silver Coin then I will receive without XXXX XXXX XXXX Notes, a Bank-draft XXXX or the like in lieu of the gold and silver Coin for the sum total. \nXXXX. Furthermore, witnessed through this Conditional XXXX you willfully and knowingly injured me, so I have the authority to create a Claim of XXXX against you each and file a financing statement against you each supporting my XXXX as I deem necessary to protect me, my property and my rights if needed at any time. Additionally, to facilitate my rights under this Conditional Acceptance and Security Agreement you agree that I have your XXXX XXXX XXXX to file anything to bring about the payment of this debt and protect me, my property, and my rights and that you have no right of action or recourse in any action at law, action in equity or Admiralty or any other law herein written or implied against me or my filings. Additionally, you agree that you XXXX your XXXX XXXX XXXX to me XXXX : XXXX XXXX XXXX so XXXX I am able to collect the damages through a XXXX, XXXX, XXXX, Treasury forms XXXX, XXXX and XXXX and XXXX. \nXXXX. Additionally, you agree that every year an additional set of liens can be filed with the Treasury if such injury to me persists on a yearly basis. It is understood that even though a Treasury Form XXXX is for a Tax Class XXXX and the XXXX A and XXXX are a Tax Class XXXX, I do not know any other way of filing this debt for collection other than to use these forms, so I use them without prejudice. \nThe ability to place a lien upon a ( wo ) mans property, such as to temporarily deprive him ( her ) of its beneficial use, without any judicial determination of probable cause dates back not only to medieval XXXX but also to XXXX times. United States Supreme Court, XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. \nI, XXXX XXXX XXXX, XXXX do hereby avow that based upon my firsthand knowledge and information relayed to me from research, this Conditional Acceptance, is true, accurate and correct to the best of my knowledge, information and belief and conveys the conditions set forth under this Conditional Acceptance as intended by me the man and by me the human Principal/Beneficiary to and human beneficiary of the Social Security Cestui que XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nI do in good faith expect you to handle these matters with ordinary care to address all subject matter.","date_sent_to_company":"2024-08-30T02:23:15.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"34786","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"9983638","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-08-30T02:23:12.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with personal statement of dispute"},"highlight":{"complaint_what_happened":["number <em>which</em> was obtained by your company. \n35."]},"sort":[8.743603,"9983638"]},{"_index":"complaint-public-v1","_id":"3480295","_score":7.4453235,"_source":{"product":"Mortgage","complaint_what_happened":"To : XXXX XXXX XXXX USAA FEDERAL SAVINGS BANK XXXX, The Mortgage Agreement alleged loan states to Pay in U.S. Dollars. The term Dollar is use as a measurement of gold and silver. The U.S. Dollar has been taken out of circulation by the Federal Government and replaced by the Federal Reserve Notes. The Federal Reserve Notes are valueless and not back by anything according to the U.S. Treasurys web site. I have tendered payment in Promissory Notes in which you have dishonored and have not adjusted the book keeping according to G.A.A.P. You ( XXXX XXXX and USAA Federal Savings bank are under the federal government and MUST follow the bankruptcy laws of XXXX, Bills of Exchange Securities Act, Uniform Commercial Codes. So, if Im unable to pay in U.S. Dollars and it is unlawful for you to demand payment in U.S. Dollars according to the Bankruptcy Act of XXXX and HJR-192/Public Policy 73-10. So, again here is some more info just to prove my point. Your \" Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading... Our laws are based on the good faith of the people and the people should be able to expect the same from the Corporations in its enforcement and collection activities. If that is the case, we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately. '' U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032 ; Carmine v. Bowen , 64 A. 932. \nCOMMON LEGAL QUESTIONS AND ANSWERS CONCERNING CURRENCY, LEGAL TENDER AND MONEY The following are several of the more common questions and answers relating to United States currency, legal tender, and the constitutionality of paper money. \n1.What is meant by the term \" legal tender ''?\n\nLegal tender may be defined as the kind of coin or money which the law compels a creditor to accept in payment of his debt, when tendered in the right amount. Black 's Law Dictionary 1637 ( 4th ed. 1968 ). In the United States, Congress has defined legal tender by a statute in the following manner : United States coins and currency ( including Federal reserve notes and circulating notes of Federal reserve banks and national banks ) are legal tender for all debts, public charges, taxes and dues. Foreign gold or silver coins are not legal tender for debts. ( 31 U.S.C. 5103 ).\n\nThis is not to say, of course, that parties may not contractually agree to payment in a form other than legal tender. Thus, for example parties may stipulate that payment is to be in foreign coins, or currency, or through an exchange of goods or services, and such contracts are fully enforceable. 60 Am. Jur .2d Payment 26 ( 1972 ) 2. What is the \" money of account '' of the 'United States ?\n\nPrior to 1982, the United States Code contained a provision stating that the \" money of account '' of the United States shall be expressed in dollars, dimes, cents and mills. 31 U.S.C. 371 ( 1976 ). This section was amended and recodified as 31 USC 5101 by Public Law 97-258 ( l982 ), so that it no longer contains the expression \" money of account, '' but instead ' simply. provides : United States money is expressed in dollars, dimes or tenths, cents or hundredths, and mills or thousandths. A dime is a tenth of a dollar, a cent is a hundredth of a dollar, and a mill is a thousandth of a dollar. \n\nThe omission of the phrase \" money of account, '' as well as the historical background and meaning of that phrase, is discussed in the House report associated with the amendment, H.R. Rep. No. 97-651 : The word \" money '' is substituted for \" money of account '' to eliminate unnecessary words. As far as can be determined. the phrase \" money of account '' has not been interpreted by any court or Government agency. The phrase was used by XXXX XXXX in his \" Report on the Establishment of the Mint '' ( 1791 ). In that Report. XXXX propounded XXXX questions, including : 1st. What ought to be the nature of the money unit of the United States? \nThereafter. XXXX uses the phrases \" money unit of the United States '' and \" money of account '' interchangeably and in the sense that the phrases are used to denote the monetary system for keeping financial accounts. In short, the phrases simply indicate that financial accounts are to be based on a decimal money system :..., and it is certain that nothing can be simpler and convenient than the decimal subdivisions. There is every reason to expect that the method will speedily grow into general use, when it shall be seconded by corresponding coins. On this plan the unit in the money of account will continue to be. as established by that resolution of XX/XX/XXXX, a dollar, and its multiples, dimes, cents, and mills. \nor tenths, hundredths, and thousands. \nThus, the phrase \" money of account '' did not mean, by itself, that dollars or fractions of dollars must be equal to something having intrinsic or \" substantive '' value. This concept is supported by earlier writings of XXXX XXXX in his \" Notes on the Establishment of a Money Unit, and of a Coinage for the United States '' ( XXXX ), and the XXXX report to the President of the XXXXontinental Congress on the coinage of the United States by the Superintendent of Finances, XXXX XXXX, which was apparently prepared by the Assistant Superintendent, Gouverneur XXXX. See XXXX XXXX XXXX. The Writings of XXXX XXXX. vol. II ( XXXX. XXXX 's XXXX. XXXX ) pp. XXXX ; XXXX XXXX XXXX, The Financier and the Finances of the American Revolution. Vol. II ( XXXX XXXX. XXXX, reprinted ( XXXX ) pp. XXXX ; and XXXX XXXX XXXX, History of the Constitution, vol I ( XXXX and XXXX, XXXX XXXX XXXX XXXX, n2 the words \" or units '' and \" and all accounts in the public offices and all proceedings in the courts shall be, kept and had in conformity to this regulation are omitted as surplus. \n3. What are Federal Reserve notes?\n\nFederal Reserve notes are notes issued by the Board of Governors of the Federal Reserve System to Federal Reserve banks, for eventual circulation as paper currency. Federal Reserve notes are statutorily defined as obligations of the United States, and as legal tender. 12 U.S.C. 411, 31 U.S.C. 5103. At present, nearly all of the circulating paper currency in the United States consists of these notes.\n\nAlthough some may disagree, the constitutional authority of the Federal Government to issue circulating notes was upheld by the Supreme Court in the case of Juilliard v. Greenman, 110 U.S. 421 ( 1884 ). In this case the Court explained :... Under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed, its power to define the quality and force of those notes as currency is as broad as the like power over a metallic currency under the power to coin money and to regulate the value thereof. \nUnder the two powers, taken together, congress is authorized to establish a national currency, either in coin or in paper, and to make that currency lawful money for all purposes, as regards the national government or private parties. ... [ Emphasis added ] ( 110 U.S. at 130 ).\n\nLower court decisions have specifically upheld the legality of the issuance of Federal Reserve notes and their use as legal tender. See, e.g., Milam v. United Scares, 524 F.2d 629 ( 9th Cir. 1974 ) ; United States v. Rifken, 577 F.2d 1111 ( 8th Cir. 1978 ) ; United States v. Wangrud, 533 F.2d 495 ( 9th Cir. 1976 ) cert. den. 429 U.S. 818 ( 1976 ).\n\n4. What \" backs '' Federal Reserve notes? \nFederal Reserve notes are collateralized by Federal Reserve bank holdings of Government securities, gold certificates, Special Drawing Rights certificates, obligations issued or guaranteed by as agency of the United States, and certain types of commercial paper. 12 U.S.C. 412. Under section 105 ( b ) of the Monetary Control Act of 1980, Public Law 96-221, Federal Reserve banks may also collateralize notes with \" obligations of, or fully guaranteed as to principal and interest  by, a foreign government or agency thereof. '' This provision has been criticized as allowing the Federal Reserve System the authority to \" monetize '' foreign government debt. However, as explained in a recent House Banking Committee publication, this was neither the intent of the provision, nor the manner in which it is being carried out by the Federal Reserve System. Rather, the purpose of this provision is to allow Federal Reserve banks to invest foreign currencies, acquired through the normal course of business, in interest bearing investments, and additionally, to permit these assets to be used as collateral for Federal Reserve notes when demand for currency requires the use of additional collateral. See, Staff of the House Subcommittee on Domestic Monetary Policy, House Committee on Banking, Finance and Urban Affairs, The Use of Certain Provisions of the Federal Reserve Act, As Amended by Section 105 ( b ) ( 2 ) of the Monetary Control Act of XXXX, Comm. Print. No. 98-3 ( XXXX ). \nXXXX. What Can Federal Reserve Notes Be Redeemed For? \nPursuant to statute, Federal Reserve notes may be redeemed for \" lawful money '' on demand at the Treasury Department or at any Federal Reserve bank. 12 U.S.C. 411. The term \" lawful money '' is not generally defined by statute. However, the courts have interpreted this term to be equivalent to \" legal tender, '' which includes other Federal Reserve notes. For example, in United States v. Rickman, 638 F.2d 182 ( XXXX Cir. XXXX ), the court stated at page XXXX : Defendant argues that the Federal Reserve notes in which he was paid were not lawful money within the meaning of Art. 1, 8, United States Constitution We find no validity in the distinction which defendant draws between \" lawful money '' and \" legal tender. '' Money is a medium of exchange. Legal tender is money which the 1aw requires a creditor to receive in payment of an obligation. The aggregate of the powers granted to Congress by the Constitution includes broad ' and comprehensive authority over revenue, finance, and currency.\n\nIn the exercise of that power Congress has declared that Federal Reserve notes are legal tender and redeemable in lawful money. Defendant received Federal Reserve notes when he cashed his pay checks and used those notes to pay his personal expenses. \nHe obtained and used lawful money. \nThus, Federal Reserve notes may be redeemed for other Federal Reserve notes, or for other notes or coins presently available and circulating as legal tender.\n\n6. Is n ' t \" Lawful Money '' Defined a t 12 U.S.C. 152?\n\nSection 152 of Title 12, United States Code provides for required reserves for so-called \" gold banks, '' which were authorized pursuant to section 151 of that Title. Gold banks were banking associations organized for the purpose of issuing notes payable in gold, as well as United States notes redeemable in gold. Section 152 provides that such gold banks keep at all times not less than 25 percent of their outstanding notes in gold and silver coin of the United States. This section goes on to state that \" in applying the same to associations organized for issuing gold notes [ gold banks ' ], the terms, \" lawful money '' and \" lawful money of the United States '' shall be construed to mean gold or silver coin of the United States. '' The Gold Reserve Act of XXXX provides that \" no gold shall hereafter be coined, and no gold coin shall hereafter be paid out or delivered by the United States. All gold coins of the United States shall be withdrawn from circulation, and, together with all other gold owned by the United States, shall be formed into bars. 48 Stat. 340 ( XXXX ). This Act also states that, except to the extent permitted by the Secretary of the Treasury, \" no currency of the United States shall be redeemed in gold and that \" No redemptions in gold shall be made except in gold bullion. '' 48 Stat. 340 ( XXXX ) Based on these provisions, it would appear that it ; is presently impossible : to organize a gold bank and since 12 U.S.C. 152 solely relates to gold banks organized under 12 U.S.C. 151, its provisions would appear to be dormant. This would include the last sentence of 12 U.S.C. 152, which defines the terms \" lawful money '' and \" lawful money of the United States '' for purposes of applying those terms to gold banks.\n\n7. Is n 't the Dollar Defined in Terms of Gold?\n\nAs originally instituted, the United States currency system equated the dollar with specific weights of gold or silver. For example, the Coinage Act of XXXX provided that Eagles or {$10.00} dollar coins were to contain 275 grains of standard gold and that {$1.00} dollar coins were to contain 416 grains of standard silver. 1 Stat. 246, 248 ( XXXX ). Later enactments amended these provisions. For instance, the Gold Standard Act of XXXX, 31 Stat. 45, provided that the dollar was to be defined as equal to 25.8 grains of gold. I n XXXX, acting under Thomas Amendment to the Agricultural Adjustment Act ( XXXX Stat. XXXX ), President Roosevelt set the gold value of the dollar at 13.7 grains of gold, equivalent to {$35.00} dollars per ounce. In XXXX, the Par Value Modification Act ( Public Law 92-268 ) established the par value of the dollar at 1138th ounce of gold. In XXXX this was changed to .829848 Special Drawing Rights or  {$42.00} per ounce of gold ( Public Law 93-110 ). Finally, in XXXX, the par value of the dollar was abolished ( Public Law 94-564 6 ). However, even when the dollar had a par value expressed in terms of a quantity of gold, this did not mean that one could redeem dollars for gold, or that a dollar was \" worth '' a certain amount of gold for domestic purposes. Domestic redemption in gold was prohibited by the Gold Reserve Act of XXXX, 48 Stat. 337, and the par value was basically a bookkeeping device used for settling international monetary balances. Therefore, the par value of the dollar did not relate to the \" worth '' or \" actual value '' of the dollar, and attempts to so equate it ( and thereby reduce income tax liability ) have been rejected by the courts. See, e.g., Birkenstock v. Commission of Internal Revenue, 646 F .2d 1185 ( XXXX Cir. XXXX ) ; Mathes v. Commissioner of Internal Revenue, 576 F.2d 70 ( XXXX Cir. XXXX ) cert. den. 440 U.S. 911 ( XXXX ). \n\nIs the Article I, Section 10 of the Constitution in effect in all of the States?\n\nArticle I, Section 10 is part of the United States Constitution. It is effect in all of the 50 States. Does the Article I, Section 10 of the Constitution Require Gold or Silver Backing? Article 1, Section 10 of the Constitution provides that \" No state shall make any Thing but gold or silver Coin a Tender in Payment of Debts. This provision has been consistently interpreted by the courts as limiting the power of the States, but not the Federal Government. For example, in Juilliard v. Greenman, 110 U.S. 421 ( XXXX ), the Supreme Court stated a t page 446 : By the Constitution of the United States, the several States are prohibited from coining money, emitting bills of credit, or making anything but gold or silver coin a tender in payment of debts. But no intention can be inferred from this to deny to Congress either of these powers.\n\nThus, although the States may not make paper money legal tender, the Federal Government may do so, and pursuant to 31 U.S.C. 5103, all United States coins and currencies, including Federal Reserve notes, are legal tender. The courts have also uniformly rejected the argument that States violate Article 1, Section 10 when they authorize or demand payment in Federal Reserve notes. For example, in Leitch v. Oregon, 519 P.2d 1045 ( XXXX ), the Court of Appeals for the State 1/ In Hagar v. Land Reclamation District No- 108, 111 U.S. 701 ( XXXX ), the Supreme Court held that the Federal legal tender statutes did not apply to State taxes. However, the statute was subsequently amended. to include State taxes.\n\nSee, Cowry v. Alaska, 655.P.2d 780 ( XXXX ) of Oregon rejected the argument that the State could not demand that taxes be Paid with Federal Reserve notes : U.S. Constitution, Art. 1, 10, upon which the plaintiff relies, prohibits states from making \" any Thing but gold and silver Coin a Tender in Payment of Debts * * * \" Plaintiff has no cognizable complaint in this regard, for it is the federal government, and not the state, that has made \" all coins and currencies of the United States * * * legal tender * * *. '' ( 519 P.2d at 1046 ). Similarly, in Kauffman v. Citizens State Bank of Loyal, 307 N.W.2d 325 ( XXXX ), the Court of Appeals of Wisconsin held : Federal reserve notes are legal tender in Wisconsin , not by any law of this state, but because Congress has made them legal tender throughout these United States . Wisconsin has made no effort to declare that federal reserve notes are or are not, in the words of Art. 1, sec. 10 of the United States Constitution, a \" tender in payment of debts. '' ( 307 N.W.2d a t 328 ) 10. May a State Tax. Federal Reserve Notes? \nIn general, States may not tax Federal obligations, such as United States bonds and Treasury notes. The basis for this exemption is that a tax upon the obligations of the United States are virtually a tax upon the credit of the Federal Government, and upon its power to raise money. The efficiency of the United States Government to carry out its functions in this manner can not be impaired by a tax imposed by the States. McCulloch v. Maryland, 17 U.S ( 4 Wheat ) 316 ( XXXX ). However, in Hibemia Savings and Loan Society v. San Francisco, 200 U.S. 310 ( XXXX ), the Supreme Court explained : The principle, upon which this exemption is claimed, does not apply to obligations intended for immediate use, and designed merely to stand in the place of money until presented at the Treasury, and the money actually drawn thereon. In such case the tax is virtually a tax upon the money. As was said by XXXX XXXX XXXX in XXXX XXXX. XXXX v. Kentucky That limitation [ upon the power to tax ] is, that the agencies of the Federal government are only exempted from state legislation, so far as that legislation may interfere with, or impair their efficiency in performing the functions by which they are designed to serve that government. '' ( 200 U.S. a t 314 ) Thus, the exemption from State taxation does not apply to United States obligations which stand in for or are \" money, '' such as Federal Reserve notes. Further, Congress, through legislation, also waived any claim of exemption, at 31 U.S.C. 5154, which states : A State may tax United States coins and currency ( including Federal Reserve notes and circulating notes of Federal reserve banks and national banks ) as money on hand or on deposit in the same way and at the same rate that the State taxes United States coins and currency circulating within its jurisdiction. Finally, it should be noted that most State taxes are not taxes on the Federal Reserve notes but on underlying transactions. Thus, for example, a State income tax is a tax on the income received, which is measured in the number of dollars ( Federal Reserve notes ) transferred, but is not a tax on the notes themselves. Similarly, a State sales tax is a tax on business transactions ( sales ), the amount of the tax proportional to the number of dollars ( Federal Reserve notes ) involved, but again is not a tax on the notes themselves.\n\n11. What is the Legal Status of the Coinage Act of XXXX? \nThe Coinage or Mint Act of XXXX, 1 Stat. 246 ( XXXX ), established the United States Mint in Philadelphia, and provided for the appointment of the Mint 's Director and other officers. The Act directed that coins of prescribed weights of gold and silver be coined, ranging from ten dollar \" eagles to half-cents. Section 11 of the original Act provided that the \" proportional value of gold to silver in all coins shall be fifteen : to one. '' In other words, every fifteen ounces of pure silver was to be considered of equal value to one ounce of gold. Section 14 provided that it shall be lawful for every person to bring silver or gold to the Mint in the form of bullion, for purposes of striking the bullion into coins or for redemption in the form of previously minted coins. Section 16 provided that all gold and silver coins issued from the Mint shall be lawful tender in all payments whatsoever. Section 19 provided for criminal penalties for the debasement or embezzlement of coins struck at the Mint. And section 20 provided that the \" money of account '' of the United States shall be expressed in dollars, \" dimes, '' cents and mills. Under well-established principles of law, a later-passed enactment will repeal a prior provision of law which is inconsistent with the newer law.\n\nA total of 26 major coinage bills were enacted between XXXX and XXXX, with a major revision in XXXX. \n\nThe XXXX Act was substantially revised again in XXXX, and according to one commentator, effectively replaced. C. Sands, Sutherland 's Statutes and Statutory Construction 51.02 ( 4th gd. XXXX ) ; XXXX v. XXXX XXXX Bank, XXXX XXXX XXXX XXXX XXXX ). \n\nAnd legislation since that date has in effect totally rewritten the law of coinage as it existed in the XXXX XXXX. \nAct of XXXX XXXX, XXXX, XXXX Stat. XXXX ( XXXX XXXX ; XXXX, Toward a Revision of the minting and Coinage Laws of the United States, XXXX XXXX. XXXX XXXX. XXXX, XXXX XXXX XXXX ). \n\nThe modern laws relating to coins and minting may be found in Title 31 of the United States Code. Section 5111 of this Title ( as recodified and enacted into positive law by Public Law 97-258 ( XXXX ) ), provides that the Secretary of the Treasury shall mint and issue coins in amounts he determines are necessary to meet the needs of the United States. Section 5112 provides that the Secretary may only issue coins in the denominations of : dollar, half dollar, quarter, dime, 5-cent piece, and one-cent coin. The dollar, half dollar, quarter dollar, and dime coins must be \" clad coins '' consisting of copper sandwiched between an alloy of nickel and copper. The 5-cent coin must be composed of an alloy or copper and zinc. The Secretary has the authority to mint a limited number of dollar and half dollar coins composed of an alloy of silver and copper. However, the authority to mint such coins is due to expire XX/XX/XXXX. Based on these newer provisions, it appears that the Mint no longer has the statutory authority to strike silver or gold coins as prescribed in the Coinage Act of 1792, and these provisions must be considered to have been repealed by implication. In addition, provisions relating to the right of citizens to bring gold or silver to the Mint for purposes of coinage must likewise, be considered no longer in effect. Under current law, a person still has the right to bring gold or silver bullion to be cast in to bars.\n\nSee, 31 U.S.C. 5121.","date_sent_to_company":"2019-12-30T14:39:36.000Z","issue":"Struggling to pay mortgage","sub_product":"VA mortgage","zip_code":"43725","tags":"Servicemember","has_narrative":true,"complaint_id":"3480295","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"UNITED SERVICES AUTOMOBILE ASSOCIATION","date_received":"2019-12-30T14:15:06.000Z","state":"OH","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["Kentucky That limitation [ upon the power to tax ] is, that the agencies of the Federal government are only exempted from state legislation, so far as that legislation may interfere with, or impair their efficiency in performing the functions by <em>which</em> they are designed to <em>serve</em> that government. '' ( 200 U.S. a t 314 ) Thus, the <em>exemption</em> from State taxation does not apply to United States obligations <em>which</em> stand in for or are \" money, '' such as Federal Reserve notes."]},"sort":[7.4453235,"3480295"]},{"_index":"complaint-public-v1","_id":"9263471","_score":6.4738784,"_source":{"product":"Debt collection","complaint_what_happened":"Re : Account for XXXX I. NOTICE OF VALIDATION REQUEST This letter serves as formal notification, in accordance with 15 U.S. Code 1692, that the debt referenced by the aforementioned file number is contested and disputed, either partially or entirely. Under the Fair Debt Collection Practices Act ( FDCPA ), all collection efforts regarding this account are to be suspended until the matter is settled. I declare that the account ( s ) in question hold inaccurate or fraudulent information. I did not authorize, nor did anyone under my authority, the disputed transactions. \nAny further attempts at solicitation of this kind will be reported to the U.S. Postmaster for potential mail fraud, as it involves the use of U.S. Mail to promote a contract that may be fraudulent or misleading.\n\nUnder 15 U.S. Code 1681i and 1692e ( 8 ), you are required to promptly notify all credit reporting agencies ( CRA ) or Credit Bureaus ( CB ) about the dispute. It is your responsibility to direct them to delete any negative information pertaining to the accounts in question. Additionally, failure to verify with the credit bureaus as of the current date, or inaction regarding these demands, constitutes a breach of the FCRA and FDCPA, which may incur the associated fines and penalties.\n\nVerification and validation are demanded and required. Verification and validation are distinct terms and concepts, as highlighted by their definitions : Verification involves confirming the accuracy of a claim, such as the existence of a debt, while validation is the process of ensuring that a product or service meets the requirements and expectations for which it was intended. Both play crucial roles in different contexts, ensuring reliability and compliance with standards. \nSee Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir. 1999 ). The definition of verification according to XXXX 's XXXX XXXX is... averment that the party pleading is ready to establish the truth of what he has set forth. ... The examination of a writing for the purpose of ascertaining its truth ; or a certificate or affidavit that it is true.. The court said Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. McDonald v. Rosengarten, 134 Ill. 126, 25 N.E. ( 1890 ) ; and Summerfield v. Phoenix Assur. Co. ( C. C. ) 65 Fed. 296 ( 1922 ) ; and Patterson v. Brooklyn, 6 App. Div. 127, 40 N.Y. Supp. 581 ( 1898 ). \nValidation is for disputing a debt, stopping account and credit reporting activities until the debt has been confirmed, see Spears v. Brennan, 745 N.E. 2d 862 Ind. App. ( 2001 ). As defined in XXXX 's XXXX XXXX, assessing an action to determine it is complete, correct, implemented and delivering the correct outcome. ; XXXX states it as to check or prove the validity or accuracy of something ; XXXX says , to show the existence or truth of, by evidence. \nII. VERIFICATION AND VALIDATION REQUIREMENTS The demands are, but not be limited to : 1 ) I am exercising my rights under the Truth in Lending Act, specifically 15 U.S. Code 1601-1667f, to request a clear disclosure of the identity of the original creditor involved in this transaction. It is my legal right to have transparent information about the principal party of interest. \n2 ) I need an original contract to be produced, bearing the wet-ink signatures of all involved parties. Prior to the trial, a notarized copy may be submitted, but the original document is required during the trial. No substitutes, such as an affidavit of loss, will be considered valid. Should the original contract be stored at a different location, please provide the address and the available times for in-person viewing. As a maxim of contract law : The basic elements required for the agreement to be a legally enforceable contract are : mutual assent ( agreement by both parties to a contract ), expressed by a valid offer and acceptance ; adequate consideration ; capacity ; and legality.\n\n3 ) Please provide a detailed explanation of the nature of the claimed debt, including the specific services or money transactions that resulted in the alleged amount owed. Additionally, furnish a comprehensive breakdown of how the total sum was determined, accompanied by any pertinent documentation that substantiates the claimed obligation under 15 U.S. Code 1692g ( a ) and 1692g ( b ). It is also asserted that there is a considerable unresolved BILLING DISCREPANCY or ERROR concerning the original debt.\n\n4 ) Production of account and general ledger statement ( s ) showing the full accounting of alleged obligation. This includes evidence of contracts, billing statements, PLUS any securities generated behind the scenes, tax benefits taken, charge offs ( which are income ), and discounts in selling the alleged debt. This is required by all parties ; debt collectors and principals. This evidence is due is required to be admissible as evidence ( sufficiency of pleadings by a fact-witness ), along with a signed affidavit by the person responsible for maintaining these public and private accounting records, by the person having first-hand knowledge as to its accuracy and authenticity, who are able to testify under oath as required. Mere account statements of account are insufficient evidence.\n\n5 ) Deliver proof your organization is a contract party to the original transaction. You seem to think there is a right to collect when your organization never loaned money to me. I have never signed any contract with you. You may have bought a note, but it was not signed by all parties. American Jurisprudence 2d 73 states that The right of subrogation does not exist for a stranger to the transaction. Subrogation means to substitute and stranger to the transaction means a party that is not on the original contract. So, the right to substitute a third-party collector [ you ] into a contract, does not exist. The third-party has no rights if they did not give consideration in the original contract and were not mentioned on the contract or were any part of the contract; including loans transferred, assigned, sold, or changed hands in one manner or another. To bring such a claim will immediately be identified as fraud upon the court. You have been noticed.\n\n6 ) Proof that the alleged account is not out of the states statute of limitations, if proven valid at all.\n\n7 ) A copy of your license number and registered agent information allowing you to operate as an agency in this state - [ except if in AL, CA, DC, DE, GA, KS, KY, MO, MS , MT, NH, NY, OH, OK, PA, SC, SD, TX, VA or VT ].\n\n8 ) Stipulate for the record whether or not the alleged loan has been securitized, and if so, the name and all other information of the financial instrument the alleged loan is bundled with, including profits generated or tax benefits taken.\n\n9 ) Where did the money or credit supposedly loaned or issued to me come from? Or if form a service, a loan or properly executed service contract is still missing.\n\nIII. OPPORTUNITY TO CURE A response to each point outlined in the affidavit is mandated by law. The legal principles, \" Silence is admission, '' and \" An affidavit without rebuttal stands as truth, '' apply here. According to Restatement 2nd 69, not responding within thirty days is deemed an acknowledgment of the debt 's invalidity, a relinquishment of all associated legal claims, and an indication that the account holder may have been subjected to identity theft. Consequently, there is a call to close the claim and amend any adverse credit reports related to the purported debt with all credit reporting agencies and bureaus, pending verification. \nUpon receiving this letter, you are allotted a thirty-day period to either : 1 ) submit a detailed response to the provided affidavit, through a sworn affidavit of your own, accepting full commercial responsibility and attesting under oath to the veracity and completeness of your statements. Simple declarations will not be deemed adequate. Should you require additional time to furnish a comprehensive reply, please formally request an extension in writing. Alternatively, 2 ) provide a written confirmation within the same thirty-day timeframe, acknowledging the full settlement of the purported debt, and specifying the timeline for the removal of the item from all credit, banking, internal, and public records where it appears. Upon receipt of such confirmation, no further measures will be necessary, and your obligations concerning this issue will be considered fulfilled. A failure to address this matter will be regarded as a default in commercial terms and will imply your agreement with the affidavit 's assertions.\n\nIV. FUTURE COMMUNICATION ( S ) According to the Fair Debt Collection Practices Act, Section 805 ( c ), the Telephone Consumer Protection Act, and the Federal Debt Collection Practices Act, Section 1692c, excluding the waiver of Section 1692c ( c ), any further communication about this purported debt following the receipt of this notice, without delivering appropriate procedural validation, constitutes a violation. A \" refusal for cause '' will apply to any unsigned correspondence or any communication that fails to identify the individual sender from your organization. Written communications are permitted solely for conveying settlement proposals or providing debt validation.\n\nV. NOTICE AND DEMAND FOR PAYMENT Should there be no comprehensive validation of the purported debt, it is hereby recorded that the aforementioned entity has sustained \" harm and injury '' equivalent to the value of the unverified debt, accruing at an interest rate of 20 %. This constitutes a formal notification and a demand for the settlement of any unvalidated debt, which includes a minimum fine of {$1000.00} for each violation of the FDCPA, per incident of harm. This is enforceable through small claims court or other legal avenues. Additionally, a notice of lien will be filed against all personal and principal assets to recover the owed amount.\n\nVI ( a ). CASE LAW AND JUDGEMENTS AGAINST DEBT COLLECTORS The Act is a strict liability statute ; violations of the Act do not need to be intentional to be actionable. Smith v.\n\nNational Credit Systems , Inc., 807 F. Supp. 2d 836, 840 ( D. Az. 2011 ) Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 ( 2010 ) held that a debt collector who makes an incorrect statement of law in communications FDCPA 's bona fide error defense, per 15 U.S.C. 1692k ( c ), even if it was an unintentional error.\n\nBecause the FDCPA is a strict liability statute, Plaintiff need only demonstrate one violation of its provisions to be entitled to a favorable judgment. Doshay v. Global Credit and Collection Corporation, 796 F.Supp.2d 1301, 1304 ( D.Colo. 2011 ) Simply stated, if an attorney regularly engages in debt collection activities, that attorney is a debt collector under the FDCA and is subject to its provisions. This court holds that there is no additional implied exemption for attorneys when performing tasks of a legal nature. Heintz v. Jenkins, 514 U.S. 291 ( 1995 ) The FDCPA is a remedial statute, it should be construed liberally in favor of the consumer. Johnson v. Riddle, 305 F.3d 1107, 1117 ( 10th Cir. 2002 ) Regarding hearsay exceptions for business records : In short, it is manifest that, in this case, those reports are not for the systematic conduct of the enterprise as a railroad business. Unlike payrolls, accounts receivable, accounts payable, bills of lading, and the like, these reports are calculated for use essentially in the court, not in the business. Their primary utility is in litigating, not in railroading. Palmer v Hoffman 318 US 109 ( 1943 ) Affidavit Decision Many more cases have proven this : De facto or de jure rulings secured by incestuous relationships in a lower District Court are to be decided by the trier of fact on the evidence in an Appellate Court judged by facts alone. Lewis v. ACB Business Services , Inc. 135 F.3d 389 6th Cir. ( 1998 ). An unconstitutional act is not a law ; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed. Norton v. Shelby County, 118 U.S. 425, 6 S. Ct. 1121, 30 L. Ed. 178 ( 1886 ) In Nelson v. Santander Consumer USA , Inc., 931 F. Supp. 2d 919, 932 ( W.D. Wis. 2013 ) XXXX XXXX XXXX was awarded {$570000.00} in damages for the harassment involved. \nAdditionally there have been numerous judgments against debt collectors for similar violations such as : Dixon-Rollins v. Experian Information Services et . al. 2:09-CV-00646-TJS, revolving around inaccurate claims on a credit report. In that case, for similar claims, the jury awarded Dixon-Rollins {$500000.00} ; this amount was reduced to {$270000.00} by the court. \nEven a mere massage places you at risk : Gryzbowski v. I.C. System, Inc., 691 F. Supp. 2d 618 ( 2010 ) found a message was a communication in an attempt to collect a debt ; and Mark v. J.C. Christensen & Associates , Inc., Civil No. 09-100 ADM/SRN, 2009 WL 2407700 ( D.Minn. Aug. 4, 2009 ) found a voicemail to be the same. Even worse, in Costa v.\n\nNational Action Financial Services, 634 F. Supp. 2d 1069 ( E.D. Cal. 2007 ), NAFS failed to state a message was from a debt collector and lost. Romea v. Heiberger & Associates, 988 F. Supp. 715 ( S.D.N.Y. 1998 ) ; and Inman v. NCO Fin.\n\nSys., Inc., No. CIV.A. 08-5866, 2009 WL 3415281, at *1 ( E.D. Pa. Oct. 21, 2009 ) found pre-recorded calls count as communication. \nIn the case of Brim v. Midland Credit Management , Inc., 795 F. Supp.2d 1255 ( 2011 ) the jury rendered a verdict awarding plaintiff {$100000.00} in compensatory damages and {$630000.00} in punitive damages due to Midland Credits willful noncompliance of its duties under federal law ( FCRA ) to adequately investigate the consumers repeated credit report disputes over a 2-year period. Midland Credit sought to vacate the judgment or reduce the plaintiffs award, but the court refused, finding that a punitive damages award of roughly six times the actual damages award of {$100000.00} was appropriate under Supreme Court standards. \nOther cases showing the ease of incurring FDCPA violations, like Cavallaro v. Law Office of Shapiro & Kreisman, 933 F. Supp. 1148 E.D.N.Y. ( 1996 ) ; and Masciarelli v. Richard J. Boudreau & Associates , LLC, 529 F. Supp. 2d 183 ( 2007 ) ; and Harrington v. CACV OF COLORADO , LLC, 508 F. Supp. 2d 128 ( 2007 ) ; and Picht v. Hawks, 77 F. Supp.\n\n2d 1041 ( 1999 ) ; and West v. Nationwide Credit , Inc., 998 F. Supp. 642 ( 1998 ) ; and Cloman v. Jackson, 988 F2nd 1314, 1320 ( 1993 ) ; and Edwards v. Niagara Credit Solutions , Inc., 584 F.3d 1350 ( 2009 ).\n\nIncluding case law that shows pro se and pro per litigation is extremely effective in rendering invalid debt obsolete, such as Acosta v. Campbell Case No. 6:04-cv-761-Orl-28DAB ( 2006 ) ; and Sherman v. Blair , Case No : 5:15-cv-36- Oc-34PRL ( 2015 ) ; and Stinson v. Asset Acceptance , LLC, No. 1:05cv1026 JCC ( 2006 ) ; and Chlanda v. Wymard No.\n\n3-93-321 ( 1994 ) .VII. FINAL PLEA AND RECOMMENDATION Litigation can be prohibitively expensive and is best avoided. If necessary, I am prepared to represent myself sui juris and pursue legal action in forma pauperis at no cost. However, it is likely that your organization will need to engage a lawyer 's services. Opting to sue in small claims court may restrict your defense options, should choose this path due to numerous legal infractions. Given the low cost-effectiveness of a lawsuit with limitedI means, this communication serves as a sincere effort to settle this issue without resorting to court. I am open to a private and amicable resolution, including private arbitration. I appreciate your consideration of this matter.","date_sent_to_company":"2024-06-14T18:13:54.000Z","issue":"False statements or representation","sub_product":"Telecommunications debt","zip_code":"23188","tags":null,"has_narrative":true,"complaint_id":"9263471","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2024-06-14T17:50:05.000Z","state":"VA","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["It is <em>also</em> asserted that there is a considerable unresolved BILLING DISCREPANCY or ERROR concerning the original debt.\n\n4 ) Production of <em>account</em> and general ledger statement ( s ) showing the full <em>accounting</em> of alleged obligation. This includes evidence of contracts, billing statements, PLUS any <em>securities</em> generated behind the scenes, tax benefits taken, charge offs ( <em>which</em> are income ), and discounts in selling the alleged debt."]},"sort":[6.4738784,"9263471"]},{"_index":"complaint-public-v1","_id":"5817685","_score":3.392138,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX- We started shopping around for Construction Loans, due to running out of funds from the HELOC we previously took out to build an inlaw for my sick mother and remodel our existing home. I got in touch with TD Bank among other ones and decided to go with them. \nXX/XX/XXXX, XXXX Started filling out the application I emailed XXXX XXXX to see what loan product I should chose because Construction Loan was not an option. \n-I was told by XXXX XXXX to choose Refinance and XXXX XXXX would then structure it as a Construction Loan. \nXX/XX/XXXX We received an email from XXXX XXXX @ XXXX stating that if we had any question about the application to reach out. Then we received another email form him @ XXXX with him saying I couldnt find you in our system. Can you remind me what you are looking for?. Then soon after that email, we received another from him @ XXXX saying that he reviewed the application, and that my husbands income alone the DTI is too high. ( I could apply because I am a 1099 employee and because of Covid I was not able to work. ) XX/XX/XXXX @ XXXX I asked if we could use a Co-signer XX/XX/XXXX @ XXXX XXXX XXXX responded , yes and that a co-signer would potentially work. He also asked how much income would be added by the cosigner. \nXX/XX/XXXX @ XXXX - I responded back the XXXX XXXX and let him know that it would add XXXX a month and that the credit score was over 800. \nXX/XX/XXXX @ XXXX XXXX XXXX So good, would any debt be add? \nXX/XX/XXXX @ XXXX I asked if we could hop on a call to get further understanding of what he was looking for. \nXX/XX/XXXX @ XXXX I let XXXX XXXX know that it would be my mom that would be co-signing and that she mentioned a student loan that was in a forgiveness program, I asked to hop on a call again and asked what are our options to bring my husbands DTI down. \nXX/XX/XXXX @ XXXX XXXX XXXX replies added your mom to the loan ( she did not state her name she said mom, so unprofessional and discriminatory I was not liking that at all. ) XX/XX/XXXX @ XXXX ( there must have been phone call before this ) XXXX XXXX confirms that paying off one of our 2 leases would not work to lower my husbands DTI . \nXX/XX/XXXX @ XXXX I sent over my mothers information. \nXX/XX/XXXX @ XXXX XXXX XXXX added my mom ( he used her name in the email ), that the DTI was still tight, but he thinks we can make it work. Then asked if we could provide the Builder Contract, Plans and Specs and Budget. \nXX/XX/XXXX @ XXXX I was still working with my contractor get over cost worksheet provided by TD Bank and I asked how soon I need to have the paperwork in by. \nXX/XX/XXXX @ XXXX XXXX XXXX XXXX can get the ball rolling as soon as info is recorded. \nXX/XX/XXXX @ XXXX I wrote I was finally able to get everything I needed from the contractor. Please if you have any questions give me a call XXXX. Also some of the items quoted have already been paid for, thanks a bunch! \nXX/XX/XXXX @ XXXX XXXX XXXX Congrats again on your renovation. \n\nI wanted to detail for you the next steps of this process with TD Bank. XXXX, XXXX and XXXX will be working together to make sure your closing goes smoothly! \n\n1. I would like to introduce XXXX XXXX. She works on my team and she needs to have a XXXX minute phone call with you this week to confirm some details. She will be reaching out to schedule a call after she reviews your file. \n2. In preparation for your call, please gather the following information a. Credit card number for Appraisal order ( XXXX will take this over the phone ) b. Last 2 Year 's W-2s c. Last 2 months paystubs d. Last 2 months bank statements e. E-consent PRIOR to your phone call. An email was just sent out. Authorization code is last 4 of your social.\n\nWe look forward to making this a smooth and stress free transaction for you. Thank you for your business!! \n\nXX/XX/XXXX @ XXXX XXXX XXXX emails all of us and say I am free anytime after noon on Monday. Or if Monday doesn't work for you, I am free any time after XXXX on Tuesday. \nPlease let me know the best time and number to reach you. I only need to speak with one of you but if more would like to be on the phone, that is fine too. \n\nThank you! \n\n( We all respond our best times that very day ) XX/XX/XXXX @ XXXX XXXX XXXX XXXX! I will put you down for XXXX on Monday. Confirm the best number to call and I will call you then! \n\nXX/XX/XXXX @ XXXX XXXX XXXX sends a reminder/confirmation email for our call @ XXXX XX/XX/XXXX @ XXXX I replied Great, thank you so much XX/XX/XXXX @ XXXX XXXX XXXX Thanks us for the call and sends a list of items needed XX/XX/XXXX @ XXXX I send over the first of many attachments and then @ XXXX I send the rest of the attachments XX/XX/XXXX @ XXXX XXXX XXXX confirms that she as received them. \nXX/XX/XXXX @ XXXX XXXX XXXX confirms receipt again and send a list this time of remaining items needed. \nXX/XX/XXXX @ XXXX I send over the remaining items and in a separate email @ XXXX I send over our house plans ( it is a big file ) XX/XX/XXXX @ XXXX XXXX XXXX confirms receipt and says that she will initiate contact with the Title agent.\n\n( We were call inbetween this time to get updates to see if they needed anything else from us ) XX/XX/XXXX @ XXXX XXXX XXXX- According to my list, the only items I am missing for the file are the Plans and Specs. Once received, I can move the file to the next phase. \nThank you, ( XXXX XXXX confirmed that she received them and the other items on XX/XX/XXXX @ XXXX ) XX/XX/XXXX @ XXXX, XXXX and @ XXXX I try to send the house plans XX/XX/XXXX @ XXXX My husband tries to send the house plans also XX/XX/XXXX @ XXXX XXXX XXXX- Ok, I am getting notifications that you are trying to send it but it is too large. Do you have the ability to upload to the portal or compress the file? \nXX/XX/XXXX @ XXXX My husband tries to send the house plans again. \nXX/XX/XXXX @ XXXX XXXX XXXX Can you compress the file or split it up? \nXX/XX/XXXX @ XXXX My husband tried to send it again. \nXX/XX/XXXX @ XXXX XXXX XXXX Perfect! Thank you! ( she finally received them ) ( Phone calls were made in-between here ) XX/XX/XXXX XXXX XXXX XXXX XXXX Can you please update/correct the cost worksheet? Its showing a cost of XXXX and its supposed to match the contract price. ( this was sent to our contractor, this is the cost worksheet that she previously stated on XX/XX/XXXX that was received ) ( Calls made to see how we were looking for closing because as far as we were told everything was in Closing was originally set for XX/XX/XXXX ) XX/XX/XXXX @ XXXX XXXX XXXX XXXX We received feedback from Underwriting that we need to clear up two items before moving forward. \n\n1. XXXXplease verify your rent amount for XXXX XXXX XXXX XXXX along with a copy of the lease agreement 2. XXXXplease provide documentation to evidence your federal student loan payment once its out of deferment. Your credit report currently doesnt reflect a student loan payment probably because of the force placed forbearance but we need to know what the payment will be once the government forbearance is lifted. \n\nXX/XX/XXXX @ XXXX I emailed back Hey XXXX XXXX Here are the two attached documents as requested. Thanks a bunch, please let us know if you need anything further from us. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Received and reviewed these items. Lease is fine. For the student loan documentation, I will need more. Because the letter provided sattes the following, \" The account is currently on a National Emergency Forbearance through XX/XX/XXXX. Repayment will begin XX/XX/XXXX. '' We need to know what this payment will be so you may need to contact XXXX XXXX for them to generate another document for you. According to the letter it may be on an income driven repayment plan. \n\n( Spoke to XXXX XXXX on the phone about this. Then called customer service and a local branch to get help and to further escalate. They gave me XXXX XXXX information he is a XXXX XXXX. ) ( I also called XXXX XXXX to make sure it was ok to continue construction while we were in the process, being a XXXX XXXX XXXX, I know big purchases are a no no ) XX/XX/XXXX @ XXXX XXXX XXXX I ran your scenario by XXXX and she said as long as it is part of the cost to construct, we should be able to credit it to her. If the builder is asking above that, then we would not. '' So if its work/cost as a part of your contract then yes, we would be able to credit this to you. \n\nXX/XX/XXXX @ XXXX I emailed Thank you, so to confirm it is ok to use the HELOC to make the payment? \nXX/XX/XXXX @ XXXX XXXX XXXX XXXX Correct. \nXX/XX/XXXX @ XXXX I emailed back, Thanks so much. \n\n( Calls made to the Staff to see how closing is looking ) XX/XX/XXXX @ XXXX I emailed, Hi XXXX, XXXX this email finds you well. Just checking in to see if we are still on for closing XX/XX/XXXX and also if the appraisal has been completed. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Hello XXXX, Thank you for reaching out. I have received an update from Underwriting and we will have to push out the closing date from XXXX since we are still running into challenges with our Debt to Income ratio. We are at about a 47 % and we need to be at 43 %. \n\nPreviously, XXXX provided documentation to evidence a {$0.00} payment for the student loan. However, on that same document, it states the repayment will go into XX/XX/XXXX. For that reason, the Underwriter can not make this a {$0.00} payment and we have to hit you with a worst case payment of 1 % of the balance. Unless we have other documentation to show that this will remain in deferred status for more than 12 months. \n\nWe could look at paying off some additional debts in order to qualify. We could pay off under XXXX, the XXXX XXXX and XXXX XXXX XXXX card. Then payoff XXXX 's XXXX and that would get our DTI right under 45 % If we're under 45 % we can ask for an exception. We could collect the payoffs at closing so you dont have to pay them off prior to.\n\nPlease let me know if this is a n option.\n\n( I immediately called her because I did not understand why Underwriting were still considering worst case when the worst case is a {$0.00} payment, also why would we pay $ XXXX cash at closing to pay off credit card debt, when it could all be wrapped up in the loan. I was so confused on what changed. ) XXXX XXXX @ XXXX My husband emailed and asked Ok how much do we have to pay out of pocket to get it down? \n\n\nXX/XX/XXXX @ XXXX I emailed Hello XXXX, I am not sure I understand what you mean about the 1 % her payment no matter what is going to remain {$0.00}. Maybe we can hop on a call? As far as paying off some debt that is an option as well. Please let me know when you have time to talk. \n\n( XXXX and I spoke about getting another letter and what else we could do to pay off the debts i.e. have the debt paid off through the loan at closing. We didnt have that type of cash laying around and wouldnt the bank rather us pay through the loan rather then using so much cash. It didnt make sense it is like we were being pushed between rock and a hard place. ) XX/XX/XXXX @ XXXX My mother emails over a third letter to XXXX to submit to underwriting. \n( I called and spoke with XXXX, she said that this last letter looked good, better then the other to that were submitted and that it should be a go. ) XX/XX/XXXX @ XXXX XXXX XXXX So I received feedback from the Underwriter regarding the student loan and he will not make the change. \n\nIt is TD 's policy that any deferred loans, we have to include a payment of 1 % of the outstanding balance to qualify. We have to hit you with a worst case since the credit report itself isn't reporting an amount. Underwriting will not allow for the exception to use the {$0.00} payment as evidenced on your letter. I know this is not the answer we were hoping for. \n\nWe do have the alternative/counteroffer to offer of paying off the 3 credit cards I previously mentioned ( XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX ) and XXXX under XXXX ) at the time of closing in order to get our ratios back in line to where they need to be. \n\nYou guys can discuss it and then let me know how you would like to move forward. Or if you have any questions, we can schedule a call at your earliest convenience HERE. This link will allow you to sign up for a time on my calendar and I will call you at that chosen time. \n\n\nXX/XX/XXXX @ XXXX I replied Hi XXXX XXXX Thanks for getting back to us, at this point there is really nothing else that we can do other than to go with the next option and have the credit cards paid off at closing. We need keep the project moving and have to close as soon as possible. With that said, we are all fine with paying those debts off. Please let me know next steps and when closing will be scheduled. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Hello XXXX, I have notified your processor XXXX and the Underwriter of the plan to pay off the additional debts. This will be sent back and reviewed by the Underwriter to make sure these are acceptable terms. \n\nThe Appraisal is still outstanding so we wont be able to schedule a closing until we have one on file. \n\nXX/XX/XXXX @ XXXX I emailed Hello, Just want to confirm if Underwriting is aware of us paying off the debts at closing and if so how is everything looking moving forward? Again, thank you all for all your efforts, we really appreciate everything youre doing for us. \n\nXX/XX/XXXX @ XXXX I emailed again Good morning all, Just checking in to see where we stand on paying off debts at closing and off the appraisal is in? \nThanks a bunch! \n\nXX/XX/XXXX @ XXXX XXXX XXXX Your file remains in the Underwriters queue for review. But good news the appraisal is in and a value of $ XXXX. See attached. \n( Our house should have been appraised for higher, being an experienced agent, we should have been over {$1.00} million dollars. I looked at the appraisal report and it didnt look right to me so I tried reaching out to the appraiser. I met her the day she came out to look at my home ( which is a new build at this point ). I called and got the owner he was IRATE that I called and very defensive and told me that it was against the law for me to call there and he was so upset and said he would still answer my questions. I apologized and explained that I thought it was ok since my and the appraiser spoke plenty of times before on the phone and met in person, I didnt mean to upset him. ) XX/XX/XXXX @ XXXX I emailed That is great news how ever the bathroom count is incorrect there are XXXX baths and Im not sure she included the finished attic space. How do we get this fixed? \n\nXX/XX/XXXX XXXX XXXX XXXX emails XXXX XXXX XXXX advise. \n\n\nXX/XX/XXXX @ XXXX I sent an email apologizing to everyone I am just going to apologize to everyone, I called what I thought was the appraiser because she called me a few days ago to ask some questions. I thought it was ok to try to reach back to her to see if she was aware of the 4th bathroom. The owner actually answered the phone and by his tone he was pretty upset with me for calling, however I do want to make it clear that I didnt mean any harm and thought it was ok to call only because she called me with a few questions a few days ago. \n\nXX/XX/XXXX @ XXXX XXXX XXXX I will review; and, advise ; but I think I received a change after the appraiser was told that all was set. \n\nXX/XX/XXXX @ XXXX I emailed Thanks so much I really appreciate everything you all are doing for me and my family. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Good Morning! \nWe haven't received any updates from our appraisal team ; so, I don't think that this has created any kind of negative feedback from the appraiser.\n\nWe did receive the appraisal ; and, I have sent that to you under separate email cover.\n\nYour loan is currently pending review in underwriting.\n\nWe will update you once the file has been returned to us. \n\nAppreciated! \n\nXX/XX/XXXX @ XXXX I said Thanks a Bunch! \n\nXX/XX/XXXX @ XXXX XXXX email Good morning everyone, Just checking in, any word on closing? \nThanks so much! \n\nXX/XX/XXXX @ XXXX XXXX XXXX Your file remains in the Underwriting queue for additional review. They still have to review and sign off that paying off the additional debt at closing will resolve our Debt to Income ratio challenge. \n\nOnce the file is out, we should have a better idea how quickly we can progress after that. \n\nXX/XX/XXXX @ XXXX I emailed Ok great sounds good, thanks for the update! \n\n\n\n\n\n\n\n\nXX/XX/XXXX XXXX XXXX XXXX We received feedback from the Underwriter. Upon his review, he is counter offering the loan for the following : This loan has been sent for a counter offer to new loan amount {$580000.00} and the following debts to be paid in full at closing : ( X ) The XXXX XXXX ENDING XXXX, ( X ) XXXXXXXX XXXX XXXX, ( X ) XXXXXXXX XXXX  XXXX, ( X ) XXXX XXXX XXXX in order to bring Debt to income below 43 %. \n\nPlease confirm if you accept the counteroffer terms. \n\nXX/XX/XXXX @ XXXX I emailed Is that after the HELOC and 1st Mortgage is paid? \n\nXX/XX/XXXX @ XXXX XXXX XXXX Yes. Those are already included as to be paid off. \n\n( Phone call to XXXX to explain if the credit cards will be paid through the loan at closing ) XX/XX/XXXX XXXX XXXX XXXX The additional bathroom is reflected in the room below grade count. \nCredit for square footage on the appraisal is XXXX ; which seems to be in line with the specifications provided. \n\nHope this helps clarify, XX/XX/XXXX @ XXXX I emailed Thanks XXXX XXXX that definitely helps. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Awesome thanks XXXX XXXX \n\nXX/XX/XXXX @ XXXX My husband emailed I got a merit increase this morning. Can you please add it to our file and let the underwriter know since it could help our application? \nPlease let me know if you need anything else. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Received and added to the file. Thank you! \n\nXX/XX/XXXX @ XXXX My husband replied Thank you XX/XX/XXXX @ XXXX I emailed Hi XXXX, Hope all is well, I called and left you a voicemail. Since we are moving into the weekend, I wanted to check to see if there were any updates and if there is anything else needed from us. \n\nThanks a bunch! \n\n\n( I had spoken to XXXX XXXX ( XXXX XXXX XXXX ) on the phone about the 1 % worst case and how XXXX was saying that we would have to come out of pocket over {$50000.00} to pay off credit card debt. He was confused on why they would consider the worst case if we have a letter stating that it is {$0.00} payment. He was also confused on why she would expect us to come out of our pocket over {$50000.00} instead of wrapping everything in the loan. He agreed that it would be better to pay it over the course of XXXX. ) XX/XX/XXXX @ XXXX XXXX XXXX Sorry I missed your call! We actually just heard back form the Underwriter a little bit ago. \nGood news, upon the review of the {$0.00} payment for the student loan and XXXX 's merit increase, our DTI is back under 43 % with the original loan amount of {$640000.00}. \n@ XXXX, XXXX A can you please share what w are down to for the file? now that we dont have to do the payoffs anymore. \n\n\nXX/XX/XXXX @ XXXX I emailed That is great news, does this mean we have a closing date? \n\nXX/XX/XXXX XXXX XXXX XXXX Not yet. I've asked your processor, XXXX, to review the remainder of the file to see what is still outstanding. Looks like the builder might owe us a few things. \n\nXX/XX/XXXX @ XXXX I emailed Are you referring to the builder risk insurance policy? I did ask about that on XX/XX/XXXX. The builders insurance company said since he doesnt own the property that would be something that is covered by us. I never got an answer on that. Would it be possible to get the items needed to me that way I can get them this weekend? Everything else that was requested has been submitted, thats the only thing I can think of that was in question. \nThanks a bunch! \n\nXX/XX/XXXX @ XXXX XXXX XXXX I've asked XXXX to review and advise at her earliest opportunity but I am not sure that update will be today. She is working some files in order. \nRegarding the Builder 's Risk piece, you would have to obtain a Builder 's Risk policy and we need a copy of it. the effective date for the Builder 's risk would have to match our closing date. we dont have a definitive closing date yet but the estimated date of XX/XX/XXXX is entered into our system. \n\nXX/XX/XXXX @ XXXX I emailed So we the home owners would have to request that from our insurance agency when we have a better idea for closing? Or should we do that now? Im hoping that we do not have to wait another 2 weeks to close, XXXX was told 2nd or 3rd week of XXXX. Please understand our frustrations at this point, this has been a roller coaster ride XX/XX/XXXX @ XXXX XXXX XXXX You can start the process of them drafting your Builder 's Risk. They could at least give you a quote until we have a firm closing date. \n\nXX/XX/XXXX @ XXXX I emailed Sounds good thank you! \n\nXX/XX/XXXX @ XXXX XXXX XXXX Good Evening!\n\nCongratulations on your conditional loan approval! \n\nI will be working with XXXX to assist in moving your loan application to closing. \n\nThis email will serve to breakdown information needed of yourselves to complete your credit package. \n\nI have emailed your builder for items needed of them. I do want to point out two possible issues here. I am unable to document that XXXX XXXX is currently a licensed General Contractor in the state of RI ( their business location ) ; or, MA licensing portal ( property location ) ; and, it appears that they filed their organization documents in RI XX/XX/XXXX ( does not meet our XXXX history requirement ). I will update you once we hear back from them as to these issues. \n\nI have also reached out to your settlement agent ( Law Offices of XXXX XXXX XXXX, PC ) with regards to the status of your title work. \n\nI have noted the following discrepancies with regards to the cost to build : o Cost worksheet in file dated XX/XX/XXXX that reflects {$550000.00} ; but, has not been signed/dated by the borrowers o There are 2 invoices in this file both dated XX/XX/XXXX with the following figure totals ( {$550000.00} & {$620000.00} ) o Contract states a construction total of {$250000.00} Please provide an addendum/revised contract section 2 that represents the correct construction contract total ( must agree with the cost worksheet ) I have also sent these notes to the builder. Please work with them to resolve these issues ; and, firmly cement the cost to build for this project.\n\nI will be able to provide a more definitive asset update once I have the above numbers finalized ; but, do want to address checks found in this file that appear to be gifts. Please see the below observations ; and, advise so that I can provide you with more specific instructions ( if needed ). \n\nThere are several checks found in the file that indicate potential gift funds ( XXXX XXXX  noted ; and, owner is XXXX XXXX XXXX XXXX ) I am attaching a gift letter just in case o {$29000.00} to XXXX XXXX on XX/XX/XXXX need a gift letter ; and, invoice o {$750.00} to XXXX XXXX for electric on XX/XX/XXXX ( subcontractor not listed on the cost worksheet ) provide a copy of the invoice/evidence that this is the electrical contractor ( added to the cost worksheet ) o {$22000.00} to XXXX XXXX  on XX/XX/XXXX ( nothing listed on the cost worksheet under this category ) unable to give credit for this as there is no itemization noted on the cost worksheet for concrete work Other requirements noted are as follows : Provide a written explanation of the following inquiries noted on your credit report including if any credit was established : XXXX XX/XX/XXXX. If credit was established, please provide a statement showing the current balance and payment. email reply is acceptable Please provide most recent mortgage statement \" no older than 30 days from Closing '' verifying no late payments within 30 days of closing date ( XXXX ) showing due for the XX/XX/XXXX payment XXXX-provide a written statement from your landlord documenting your rent amount and the most recent 12-month payment history. \nXXXXProvide a letter explaining the reason your income decreased from XXXX ( {$46000.00} ) to XXXX ( {$36000.00} ) for XXXX INNOCENT with XXXX XXXX. email reply acceptable XXXX -PROVIDE XXXX TAX RETURNS ( to gross up Social Security income ) Provide signature pages of all tax returns for both borrowers ( first 2 pages ) Please plan to address these items no later than Friday, XX/XX/XXXX. You may reply by email for some ; and, upload the others to the document portal.\n\nPlease let us know if you have any questions. \n\nAppreciated! \n\n( A call was place to XXXX for more info, we were now feeling like we were not being taken seriously, first they had al the builders information back in XXXX when requested and no one ever once said anything about needing to be licensed in the state of Massachusetts and for at least 2 years. We had at that moment found that out through XXXX after being dragged around this entire process. It is like they were finding any reason the to give us the loan. The closer we got to XX/XX/XXXX our original closing date, the more they pushed back and found everything under the sun to provent it from happening. In this email right here XXXX XXXX is making up the fact the my husbands father gifted us money. He is not even part of this loan. She assumed that because I had my mother co-signing that his father was helping too? It is like they were coming up with anything to prevent us from getting he loan. Or any information regarding the product. ) XX/XX/XXXX @ XXXX husband replies Thank you for the update. I have a couple clarifying questions about the gift letter, all the checks were written for labor and materials for the project they were not gifts. \n\nXX/XX/XXXX @ XXXX I also replied Im think there is some confusion here, there is no father on this loan application. Those funds came out of XXXX and Is HELOC account, which is going to be paid off through the loan at closing. \n\nXX/XX/XXXX XXXX XXXX XXXX Builder 's risk requirements : Borrower 's full name Borrower 's full property address Loan number Premium amount Must be paid prior to or at closing.\n\no If borrower paid, we need a paid receipt or invoice to collect at closing. \no If builder paid, we need proof the premium has been paid, the policy is in effect and the policy number. We do not have to know the premium amount. \no If we can't get the builder paid XXXX premium amount the borrower can provide a post construction HOI quote and that will be used for DTI purposes. Coverage will need to be based on the estimated cost new on appraisal.\n\nDeductible Coverage dates effective one-year policy and dates must be on or before the expected closing date Coverage amount At least the loan amount/cost to build ( as of mm email dated XXXX ) Evidence of wind and hail coverage only applicable if subject property is in NC/SC/FL Must state somewhere on the certificate/declarations page that it is a builder 's risk policy or that the property is under construction. If it states \" Under Construction '' it also needs to specify that they cover the contractor 's equipment and materials as well as the house while under construction. \nTD Mortgagee Clause : TD Bank, NA XXXX XXXX XXXX XXXX XXXX, OH XXXX XX/XX/XXXX @ XXXX My mother emailed her paperwork and replied Please find attached my signed taxed for XXXX. Also attached is my rental ledger for the year confirming what I paid. \n\n( We were on the phone back and forth with XXXX XXXX trying to correct the our builders license situation, we were able to find a licensed builder through him and submit his paperwork quickly to qualify for the loan. We were also advised by XXXX to not change anything in the previous contract and that everything needed to remain the same, so we didnt have to repeat the process. ) XX/XX/XXXX @ XXXX My mother emailed I have submitted my taxes information last week. I also explained the my pay decreased because I work XXXX per week, not XXXX, as I did before. I will resubmit my taxes again. Thank you, XX/XX/XXXX @ XXXX My husband replied I just uploaded the paper work you needed from XXXX XXXX XXXX XXXX let us know if you need anything else. \nXX/XX/XXXX @ XXXX XXXX XXXX Thanks! I'll take a look ; and, let you know. \n( At this point we have been on contact with XXXX by phone and she was explaining to us that at this time out rate lock would be expiring the following Tuesday and that we she would let XXXX XXXX know and that we should contact her that day to ensure to put in for a rate lock extension and that there would be a fee. I immediately told her that I would not be paying that fee because we were very prompt in getting our paperwork in and that most of the delays could have been prevented on their end. ) XX/XX/XXXX @ XXXX I emailed I hope you had a great long weekend, per our conversations with XXXX our rate lock is expiring today and we would need to do an extension, can you help us with that please? \nThanks so much! \n\n\nXX/XX/XXXX @ XXXX XXXX XXXX Yes, I will be extending and will let you know once it is completed. \nThank you, XX/XX/XXXX @ XXXX XXXX XXXX XXXX rate lock has been extended. \n\nXX/XX/XXXX @ XXXX My husband Good afternoon, I just wanted to check back in before the weekend to see if you '' ll got all the forms you needed and if there was an update on a closing date? \n\nXX/XX/XXXX @ XXXX XXXX XXXX XXXX Thank you for your email. At this time, it looks like we are still waiting on the title work to come back and I dont think I saw the below from XXXX XXXX last email : Here is a list of items needed from your new GC : Copy of MA GC license Evidence GC has been in this line of business for 2+ years ( may reflect on the license ) Completed/Signed/Dated XXXX Certificate of Liability to include : o Description of Operations to reflect : XXXX XXXX XXXX XXXX XXXX, XXXX, MA XXXX # XXXX o Certificate Holder to reflect : XXXX. Bank, XXXX, XXXX, XXXX XXXX XXXX, XXXX, OH XXXX Evidence of Workman 's Comp insurance ; or, evidence of exemption Have those been sent? \n\nXX/XX/XXXX @ XXXX I emailed- Yes they have all been submitted last Thursday I believe. The title work should have been in I spoke to the attorneys almost 2 weeks ago and they said that the title work was never originally ordered back in XXXX and that it would only take a few days to come in and it has been well over a few days. Please let us know if youd like for us to reach out to them. Thanks a bunch! \n\n( Title was never ordered as they said back in XXXX per the Closing Attorney, which is another delay by the bank. ) XX/XX/XXXX @ XXXX XXXX XXXX Looking back on my emails the last email I have from XXXX at the title company is from XX/XX/XXXX. She asked XXXX for owner of record information and we havent r","date_sent_to_company":"2022-07-27T18:27:31.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"023XX","tags":null,"has_narrative":true,"complaint_id":"5817685","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TD BANK US HOLDING COMPANY","date_received":"2022-07-27T17:50:37.000Z","state":"MA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["XX/XX/XXXX @ XXXX I <em>also</em> replied Im think there is some confusion here, there is no father on this loan application. Those funds came out of XXXX and Is HELOC <em>account</em>, <em>which</em> is going to be paid off through the loan at closing. \n\nXX/XX/XXXX XXXX XXXX XXXX Builder 's risk requirements : Borrower 's full name Borrower 's full property address Loan number Premium amount Must be paid prior to or at closing.\n\no If borrower paid, we need a paid receipt or invoice to collect at closing."]},"sort":[3.392138,"5817685"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":21,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":21}]}},"product":{"doc_count":21,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card","doc_count":5,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":4},{"key":"Store credit card","doc_count":1}]}},{"key":"Credit reporting or other personal 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