{"took":115,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":197,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"9330333","_score":24.605211,"_source":{"product":"Mortgage","complaint_what_happened":"On XX/XX/year> 21st Mortgage was asked to provide proof of the original security agreement or copy of the security agreement. Proof that they hold title or deed, and that proof there was a debt owed to them once the security agreement was transferred to them. Was the transfer in excess of the supposed amount due, proof of contract between the principal bondholder and 21st Mortgage. If any insurance policies were bought on this security agreement and if those policies were in excess of the disputed amount owed? \n\nFrom XX/XX/year>, 21st Mortgage refuses U.S. funds to be applied to the account balance. Uniform Commercial Code outlines U.S. funds as negotiable instruments, bills of exchange, promissory notes, drafts, checks, money orders, coupons, etc. \nThe Federal Reserve Section 16 Part 2 corroborates this further bills, notes, promissory notes, bills of exchange... \nEach month, they have sent a security bond statement of unearned interest due to the principal with an attached remittance coupon. The coupon is a negotiable instrument. The Principal 's Name, Principal 's Account, Principal 's Balance have all been listed as outlined by the UCC. The coupon has been properly indorsed and given instructions and order to pay to the bearer and on demand. The presentation to the United States Treasury is placed on the front of the bearer paper so as to leave no question as to how to deposit if in fact a debt was owed. \nHowever, they resend all documents each time.","date_sent_to_company":"2024-06-26T06:04:12.000Z","issue":"Trouble during payment process","sub_product":"Manufactured home loan","zip_code":"63368","tags":null,"has_narrative":true,"complaint_id":"9330333","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"21ST MORTGAGE CORP.","date_received":"2024-06-26T04:07:41.000Z","state":"MO","company_public_response":null,"sub_issue":"Loan sold or transferred to another company"},"highlight":{"complaint_what_happened":["Each month, they have sent a <em>security</em> bond statement of unearned interest due to the <em>principal</em> with an attached remittance coupon. The coupon is a negotiable instrument. The <em>Principal</em> 's Name, <em>Principal</em> 's <em>Account</em>, <em>Principal</em> 's <em>Balance</em> have all been listed as outlined by the UCC. The coupon has been properly indorsed and given instructions and <em>order</em> to pay to the bearer and on demand."]},"sort":[24.605211,"9330333"]},{"_index":"complaint-public-v1","_id":"8298284","_score":24.339548,"_source":{"product":"Debt collection","complaint_what_happened":"Mercedes Benz is alleging I owe a debt that is incorrect. The lease agreement between me and Mercedes Benz acts as the security/collateral of this agreement. XXXX XXXX XXXX XXXX is the depositor bank that is deposited the note and transfer it for payout of the principal from the Treasury Department. Federal law states banks are transfer agents and only transfer securities from one institution to the next. Furthermore this contract that is the note is being traded to raise capital. According to the IRS publication I am entitled to equitable interest and principal balance of this account and Merced Benz is res\n\nponsible for the taxes. The Federal Reserve Act also states that the security is the collateral and banks are barred from using anything other than notes, drafts, bills, and money order for collateral so issuing this contract and being deceptive by stating I needed to pledge my private property for this loan made it unconscionable.","date_sent_to_company":"2024-02-08T05:44:18.000Z","issue":"False statements or representation","sub_product":"Auto debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8298284","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mercedes Benz Financial Services","date_received":"2024-02-08T05:29:16.000Z","state":"CA","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["According to the IRS publication I am entitled to equitable interest and <em>principal</em> <em>balance</em> of this <em>account</em> and Merced Benz is res\n\nponsible for the taxes. The Federal Reserve Act also states that the <em>security</em> is the collateral and banks are barred from using anything other than notes, drafts, bills, and money <em>order</em> for collateral so issuing this contract and being deceptive by stating I needed to pledge my private property for this loan made it unconscionable."]},"sort":[24.339548,"8298284"]},{"_index":"complaint-public-v1","_id":"11240587","_score":22.945677,"_source":{"product":"Credit card","complaint_what_happened":"I, as the consumer have reclaimed the principal security interest on the credit card account in the name of the principal d/b/a XXXX XXXX XXXX XXXX , I have sent novations to JP MORGAN CHASE BANK , NA . reclaiming the principal 's security interest and tendering the payment by way of the bill of exchange fully indorsed since XXXX of XXXX with payment orders directing the bank to transfer the principals security interest to apply to the principals balance for set off, by way of registered and certified mail. this account has never been credited with the interest owed to the principal 's account, even though not XXXX bill of exchange has been returned to the consumer stating a defect. as the Agent to the principal these bills of exchange have been sent directly to XXXX XXXX, XXXX XXXX XXXX JP MORGAN CHASE BANK XXXX XXXX XXXX also to XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX/INDENTURED XXXX XXXX XXXX XXXX XXXX the bank has placed this account in a default status and now we're in litigation as JP MORGAN CHASE BANK XXXX NA XXXX has filed a lawsuit against the consumer. case XXXX XXXX XXXX XXXX XXXX common pleas court, XXXX Ohio. These banks simply refuse to allow the consumer to claim the principal 's security interest to set off this account. JP MORGAN CHASE BANK, NA.is demanding that the consumer continue to send additional funds to the bank to satisfy the account. so much so JP MORGAN CHASE BANK, NA. has filed a lawsuit against the consumer named XXXX XXXX XXXX XXXX even though the consumer has been performing by way of the bill of exchange, stating the claim to the principal 's security interest, ordering the bank to transfer the principal 's security interest to the principal 's balance to set off the account to a XXXX balance. each party the agent to the principal has contacted as mentioned above through registered and certified mail. they have all ignored my novations and payment orders refusing to credit the account, even telling the consumer that type of payment wasn't accepted. 18 USC 8 states the bill of exchange is the same as a united state dollars. this account was prepaid according to the Federal Reserve Act sec, 16. as the consumer I have been performing as the bill of exchange act requires, performance is payment in law. for the banks to deny the principal the principal 's interest by claiming nonperformance, then to file a lawsuit to try to gain something extra should be criminal. JP MORGAN CHASE BANK, NA. has stated the account has been closed denying the principal access to credit. This is very wrong for the banks to be allowed to get away with such actions against the consumers, I felt this should be reported.","date_sent_to_company":"2024-12-22T06:26:28.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"454XX","tags":null,"has_narrative":true,"complaint_id":"11240587","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2024-12-22T05:02:56.000Z","state":"OH","company_public_response":null,"sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["JP MORGAN CHASE BANK, NA.is demanding that the consumer continue to send additional funds to the bank to satisfy the <em>account</em>. so much so JP MORGAN CHASE BANK, NA. has filed a lawsuit against the consumer named XXXX XXXX XXXX XXXX even though the consumer has been performing by way of the bill of exchange, stating the claim to the <em>principal</em> 's <em>security</em> interest, <em>ordering</em> the bank to <em>transfer</em> the <em>principal</em> 's <em>security</em> interest to the <em>principal</em> 's <em>balance</em> to set off the <em>account</em> to a XXXX <em>balance</em>. each"]},"sort":[22.945677,"11240587"]},{"_index":"complaint-public-v1","_id":"6937430","_score":20.615204,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XXXX XXXX, 2023, I mailed a power of attorney to American Credit Acceptance , LLC and a letter expressing that I was the BENEFICIARY and or AGENT for the PRINCIPAL DEBTOR and I requested the CFO of American Credit Acceptance , LLC to transfer the credits from the Principal Balance to the Principal Account for Set Off on the Security Account being managed in Trust for the Principal Debtor and I was denied. American Credit Acceptance , LLC refuses my acceptance of the coupons and or bearer bonds and or presentments and or XXXX XXXX XXXX, denying my tender of payments and after numerous failed attempts to tender payment, I requested a payment investigation that I never received an answer for, so I also requested a Full Securitization Audit for my account, as well as the original contract and or Installment Loan and or Security Agreement between us with my wet ink signature, along with proof that my Original Promissory Note and or Security Agreement and or Installment Loan had not been securitized discharging all debt. Instead of American Credit Acceptance , LLC sending me the documents, they sent a letter stating that they deny my assertions yet never giving any rebuttal for my above demands. After this attempt, American Credit Acceptance , LLC hired a third party XXXX XXXX that I dont have a contract with, giving them my private source data information without my authority or the authority of the PRINCIPAL DEBTOR to repossess my vehicle against me asking them not to before I could receive information about my account for my accounting purposes in order to address payment issues. The repossession was a Breach of Peace because American Credit Acceptance , LLC, hired a third party repossession agency without giving me an Arbitration Order or Court Order and ( XXXX XXXX ) repossessed my vehicle after I asked the towing and or repossession employee not to take my vehicle because I had a public interest filed on the vehicle which is used for family and household purposes which will cause damages to my livelihood and the towing and or repossession employee hooked my car up to the tow truck and took my vehicle anyway and this took place at XXXX XXXX on XX/XX/2023 at my apartment in Illinois. I never surrendered my rights or interest in the vehicle, neither did I default in non payment because American Credit Acceptance , LLC has accepted multiple late payments for the Account in the past if that was the issue and I had a payment investigation in process before the repossession","date_sent_to_company":"2023-05-06T17:38:53.000Z","issue":"Struggling to pay your loan","sub_product":"Loan","zip_code":"60803","tags":null,"has_narrative":true,"complaint_id":"6937430","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"American Credit Acceptance, LLC","date_received":"2023-05-06T16:32:17.000Z","state":"IL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Lender trying to repossess or disable the vehicle"},"highlight":{"complaint_what_happened":["On XXXX XXXX, 2023, I mailed a power of attorney to American Credit Acceptance , LLC and a letter expressing that I was the BENEFICIARY and or AGENT for the <em>PRINCIPAL</em> DEBTOR and I requested the CFO of American Credit Acceptance , LLC to <em>transfer</em> the credits from the <em>Principal</em> <em>Balance</em> to the <em>Principal</em> <em>Account</em> for Set Off on the <em>Security</em> <em>Account</em> being managed in Trust for the <em>Principal</em> Debtor and I was denied."]},"sort":[20.615204,"6937430"]},{"_index":"complaint-public-v1","_id":"2950098","_score":18.023544,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX, I called Security Credit Systems of XXXX, NY in order to gain information regarding an allegedly defaulted student loan account in my name. \n\nI was put in touch with a XXXX. XXXX, who insisted that I owed a total of {$1100.00}. This was in stark contrast with the amount listed on my Federal Student Aid account, which listed a due principal of {$820.00} with {$0.00} interest due. \n\nWhen I presented this information to XXXX. XXXX, he became agitated and hostile, insisting that I owed an additional {$350.00} in interest charges. \n\nI pointed out to XXXX. XXXX that I could not possibly owe Security Credit Systems that much, as this loan was serviced by another credit agency before XX/XX/XXXX, before being transferred to Security Credit Systems after that date by my original loan provider, XXXX XXXX, as disclosed to me with XXXX XXXX business office in a conversation which took place on XX/XX/XXXX. Security Credit Systems has serviced this loan for less than two weeks, and yet they are claiming I owe roughly 45 % of my principal balance in interest charges, to quote XXXX. XXXX. \n\nXXXX. XXXX then vacillated between claims that these interest charges were imposed by Security Credit Systems and, alternatively, the federal government. When I stated that these interest charges couldnt possibly be imposed by the federal government, as the Federal Student Aid website currently lists due interest charges for this loan at {$0.00}, XXXX. XXXX again grew angry and demanded that I pay the requested amount immediately. \n\nIt is clear to me, based on the very short length of time Security Credit Systems has serviced this debt and the significant discrepancy between XXXX . XX/XX/XXXX claims and the official amount listed as due on the Federal Student Aid website, that this is an attempt to charge an exorbitant and potentially usurious amount of money that I do not owe. These actions are in clear violation and, at the time, render me unable to pay my proper debts. \n\nSecurity Credit Systems is making wildly fraudulent demands, and should be appropriately reprimanded for their unethical, predatory, and potentially illegal behavior.","date_sent_to_company":"2018-06-29T15:39:07.000Z","issue":"False statements or representation","sub_product":"Federal student loan debt","zip_code":"120XX","tags":null,"has_narrative":true,"complaint_id":"2950098","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SECURITY CREDIT SYSTEMS INC","date_received":"2018-06-29T15:11:39.000Z","state":"NY","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX, I called <em>Security</em> Credit Systems of XXXX, NY in <em>order</em> to gain information regarding an allegedly defaulted student loan <em>account</em> in my name. \n\nI was put in touch with a XXXX. XXXX, who insisted that I owed a total of {$1100.00}. This was in stark contrast with the amount listed on my Federal Student Aid <em>account</em>, which listed a due <em>principal</em> of {$820.00} with {$0.00} interest due. \n\nWhen I presented this information to XXXX."],"company":["<em>SECURITY</em> CREDIT SYSTEMS INC"]},"sort":[18.023544,"2950098"]},{"_index":"complaint-public-v1","_id":"15062340","_score":17.409277,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DEFAULT, ACCELERATION, RIGHT TO CURE, AND PLAN TO SELL PROPERTY ( INVESTMENTS ) Moneylion of CA ( XXXX ) XXXXXXXX XXXX XXXX XXXX XXXXXXXX, UT, XXXX Loan ID : XXXX On XX/XX/XXXX, Moneylion of CA and XXXX XXXX entered into a Loan Agreement, pursuant to which XXXX XXXX agreed to make payments each month to repay the balance of the loan. \n\nAMOUNT DUE NOW : {$180.00} Principal Amount : {$170.00} Interest Amount : {$7.00} Late Fees Amount : {$0.00} NSF Fees Amount : {$0.00} Dear XXXX XXXX, You have failed to make your loan payments as they have come due, and we hereby declare you in default. We will accelerate the unpaid principal balance of your loan if you do not pay {$180.00}, the amount now due, by XX/XX/XXXX, the last day for payment. If you pay the amount due, you may continue paying off your loan as though you were not late. \n\nIf you do not pay by this date, we will accelerate the unpaid principal balance of your loan and sell various securities in your investment account held at XXXX XXXX, ( XXXX  Account XXXX ) to cash and transfer the cash balance to us, privately, sometime after XX/XX/XXXXXXXX  in order to satisfy the debt you owe due to your overdue loan payments. \n\nAgain, you may cure your overdue loan by paying {$180.00} now, but if you do not do so by XX/XX/XXXXXXXX  then your accelerated amount due will be {$480.00} and we will proceed with the liquidation of your investment account. \n\nThe money that we get from the sale to cash, after paying our costs, will reduce or eliminate the amount you owe, depending on the quantity of securities sold and the amount you owe. If we get less money than you owe, you will still owe us the difference. \n\nIf you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at ( XXXX ) XXXX or write us at MoneyLion, XXXX. XXXX XXXX, XXXX, UT, XXXX and request a written explanation. \n\nIf you need more information about the liquidation, call us at ( XXXX ) XXXX or write us at MoneyLion, XXXX. XXXX XXXX, XXXX, UT, XXXX. \n\nYou are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to dispose of. We will send this accounting and notice of deficiency ( if any ) within 20 days of the disposition of collateral. \n\nThis communication is from a debt collector and any information obtained will be used for that purpose.","date_sent_to_company":"2025-08-04T07:02:00.000Z","issue":"False statements or representation","sub_product":"I do not know","zip_code":"92395","tags":null,"has_narrative":true,"complaint_id":"15062340","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"MoneyLion Inc.","date_received":"2025-08-04T06:51:34.000Z","state":"CA","company_public_response":"Company believes the complaint provided an opportunity to answer consumer's questions","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["If you do not pay by this date, we will accelerate the unpaid <em>principal</em> <em>balance</em> of your loan and sell various <em>securities</em> in your investment <em>account</em> held at XXXX XXXX, ( XXXX  <em>Account</em> XXXX ) to cash and <em>transfer</em> the cash <em>balance</em> to us, privately, sometime after XX/XX/XXXXXXXX  in <em>order</em> to satisfy the debt you owe due to your overdue loan payments."]},"sort":[17.409277,"15062340"]},{"_index":"complaint-public-v1","_id":"5247663","_score":17.014977,"_source":{"product":"Checking or savings account","complaint_what_happened":"Statement of Facts XXXX XXXX XXXX is a Florida XXXX, current and in good standing, maintaining a legal address in XXXX, Florida in XXXX XXXX. \nXXXX XXXX is the XXXX and sole shareholder in XXXX XXXX Co. \nXXXX XXXX XXXX is in business primarily as a General Contractor, development and consulting. \nXXXX XXXX XXXX maintains an unblemished record with the Florida Department of Professional regulations and I am and have always been a citizen in good standing. \nIn XXXX of XXXX XXXX XXXX XXXX opened a business checking account at Bank of America located at XXXX XXXX XXXX XXXX. XXXX XXXX, in XXXX XXXX Florida. Account XXXX XXXX XXXX XXXX ( Account XXXX ) the primary account. \nIn XX/XX/XXXX XXXX XXXX Co established a business credit card with B of A always paying timely. \nIn XXXX of XXXX XXXX XXXX XXXX opened a second business checking account at Bank of America located at XXXX XXXX XXXX XXXX. XXXX XXXX, in XXXX XXXX Florida. Account Number XXXX XXXX XXXX ( Account B ) XXXX maintained a professional banking relationship with B of A XXXX XXXX XXXX provided a valuable service, the goods/services rendered were delivered and accepted, and a fair price was agreed to by both parties of one payment of {$55000.00} We agreed to a wire transfer payment to XXXX. \nXXXX agrees, the value derived from wire transfers such as immediate \" real-time '' and final \" irrevocable '' settlement, security, to justify the higher costs and provide the quickest availability of funds XXXX provided its name, bank name, routing number, bank address and account number. A payment order was created The sending party promptly sent the entire amount via wire transfer to Bank of America to beneficiary, XXXX XXXX XXXX ( account XXXX ) The payment order was accepted and executed, or that the sender 's account was debited with respect to the payment order. \nThe payment order was not rejected by Bank of America The beneficiary 's bank, Bank of America also accepted the payment. \nOn XX/XX/XXXX a deposit of {$55000.00} was wired into the XXXX bank account ( B ) and credited to this account, and naming XXXX XXXX Co as beneficiary. \nXXXX bank, Bank of America accepts the payment order, a {$55000.00} payment order is credited to the beneficiary 's XXXX bank account ( B ) and notice of the credit is sent to the beneficiary. The wire transfer is complete, constituting final settlement This is not an erroneous wire transfer. \nBank of America has a duty to accept only verified and authorized funds transfers, the bank must be in strict compliance with pre-established security procedures. And we believe they did. \nThe money on the recipient side has been disbursed, the credits became available for withdraw ; the money is in the hands and control of the beneficiary of the funds, XXXX. \nXXXX confirmed on XX/XX/XXXX, the originator pays its obligation to the beneficiary, XXXX, XXXX accepting payment, and any obligation for which the payment is made is discharged, settling the account in full. \nOn XX/XX/XXXX XXXX moves {$3900.00} from account B to account A On XX/XX/XXXX XXXX moves $ 51K from account B to account A Artisan used their funds at their discretion. \nThe deposited funds were available to XXXX and used by XXXX for 19 days, up until XX/XX/XXXX On XX/XX/XXXX XXXX funds are placed on HOLD, account balances being : Account A balance {$37000.00} Account B balance {$49.00} for a total of {$37000.00} XXXX, investigating the HOLD at the local branch level, manager has no information and will only supply an 800 number. \nXXXX further investigating the Hold threw the 800 number, on phone, being put from one department to another with no person possessing any knowledge of the HOLD. Eleven phone calls for 116 minutes. \nOn XX/XX/XXXX XXXX goes to local branch, XXXX XXXX, Saturday ; speak with branch manager XXXX XXXX, informing him of an investigation. \nXXXX XXXX as principal and only signer on the XXXX XXXX XXXX accounts was not contacted or interviewed at any time. \nOn XX/XX/XXXX XXXX denied internet access to XXXX accounts, No match found Monthly bank statements continued to arrive as scheduled : XXXX, XXXX and XXXX all show balances of : Account A balance {$37000.00} Account B balance {$49.00} for a total of {$37000.00} With bank statements showing correct balances, and believing investigation complete, Artisan issues a check, XXXX XXXX XXXX check for {$10000.00} returned FROZEN/BLOCKED ACCOUNT dated XX/XX/XXXX On XXXX XXXX XXXX receive letters from B of A dated XX/XX/XXXX stating Weve closed your account listed above and any remaining balance wont be returned to you, 111 days after deposit, 92 days after the HOLD was placed, no additional information is provided. \nXXXX bank statement for XXXX, ending XX/XX/XXXX arrives XX/XX/XXXX showing a {$0.00} balance, with a withdraw date of XX/XX/XXXX Account Closing Transaction - {$37000.00} on account A and on XX/XX/XXXX Account Closing Transaction - {$49.00} on account B The customer, XXXX, is now a victim, at a huge loss. \nTo date, B of A has not interviewed XXXX XXXX, XXXX and only signatory of XXXX XXXX XXXX bank accounts. \nTo date, B of A has not presented an explanation or documents as to why the funds were confiscated, even though the results of an investigation were requested. \nTo date, recipient, XXXX has not been presented a legal order, ordering a refund the sender. \nTo date, beneficiary, XXXX, did not provide his consent to have the money sent back to the sending account. \nTo date, XXXX has not seen a police report alleging fraud. \nTo date, XXXX is not aware of any pending legal action. \nTo date, Bank of America has not responded to numerous requests for information Bank of America has converted XXXX XXXX XXXX funds for their own use and benefit","date_sent_to_company":"2022-02-22T16:57:07.000Z","issue":"Closing an account","sub_product":"Checking account","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"5247663","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2022-02-22T16:26:14.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Funds not received from closed account"},"highlight":{"complaint_what_happened":["XXXX XXXX as <em>principal</em> and only signer on the XXXX XXXX XXXX <em>accounts</em> was not contacted or interviewed at any time."],"product":["Checking or savings <em>account</em>"],"issue":["Closing an <em>account</em>"],"sub_product":["Checking <em>account</em>"],"sub_issue":["Funds not received from closed <em>account</em>"]},"sort":[17.014977,"5247663"]},{"_index":"complaint-public-v1","_id":"7752678","_score":16.772833,"_source":{"product":"Checking or savings account","complaint_what_happened":"XXXX XXXX Account number XXXX Entitlement order Adverse Claim XX/XX/2023 i received mail from us bank at my home, the enclosed letter informed me that my account wa being closed and all the funds being returned to me due to my previous behavior at the bank and issues i had resolved with the banks employees. I reached out the the company and was told I can no longer contact them for any information about this issue.\n\nIm a filing this company today on behalf of securities fraud, I ask to Ive my original issued securitiy which a financial asset retracted and never got a response.\n\nRegardless of the reason for my account supposedly being closed have that right and withholding my securities is securities fraud! This institution is in clear violation of the Equal Credit Opportunity Act and Consumer Credit Protection Act!\n\nAlso according to Section 1308.51 Securities account - acquisition of security entitlement from securities intermediary - UCC 8-501. \nOhio Revised Code/ Title 13 Commercial Transactions/ Chapter 1308 Investment Securities ( A ) \" Securities account '' means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset.\n\n( 1 ) Indicates by book entry that a financial asset has been credited to the person 's securities account ; ( XXXX ) Receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( XXXX ) Becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. \n( C ) If a condition of division ( B ) of this section has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset. \n\nEither my financial asset has been destroyed, sold, assigned or transfer for unjust enrichment and I havent received any proceeds from the interest earned .it is my property and o have securities entitlement is bank is just a securities intermediary. If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset. \n( XXXX ) Issuance of a security is not establishment of a security entitlement so it still belongs to me and Im making claim to all property, principal and all interest earned from my face-amount certificate. \n\nwriting that is a security certificate is governed by this Article and not by Article 3, even though it also meets the requirements of that Article. However, a negotiable instrument governed by Article XXXX is a financial asset if it is held in a securities account. \n\nI am aware of all of the facts and i am making and advers claim to all securities that belong to Me.. \n\nXXXX. NOTICE OF ADVERSE CLAIM. \n( a ) A person has notice of an adverse claim if : ( XXXX ) the person knows of the adverse claim ; ( XXXX ) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or ( XXXX ) the person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim. \n( b ) Having knowledge that a financial asset or interest therein is or has been transferred by a representative imposes no duty of inquiry into the rightfulness of a transaction and is not notice of an adverse claim. However, a person who knows that a representative has transferred a financial asset or interest therein in a transaction that is, or whose proceeds are being used, for the individual benefit of the representative or otherwise in breach of dut has notice of an adverse claim. \n\nXXXX. ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN. \n\n( C ) A person who acquires a security entitlement to a security or other financial asset has the rights specified in Part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in Section 8-503.\n\nSection 1308.57 | Duty of securities intermediary to comply with entitlement holder - UCC 8-507.\n\nOhio Revised Code /Title 13 Commercial Transactions /Chapter 1308 Investment Securities A ) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if : A ) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if : Ohio code Section 1109.36 Underwriting and dealing in guaranteed and acceptable debt securities.\n\nOhio Revised Code / Title 11 Banks-Savings and Loan Associations/ Chapter 1109 State Banks- Powers the extent permitted by and subject to any limitations and restrictions the superintendent of financial institutions may impose, a state bank may underwrite and deal in investments in the form of bonds, notes, debentures, or other debt securities that are any of the following : ( A ) The direct obligation of or guaranteed by the United States ; ( B ) The direct obligation of or guaranteed by any state of the United States or any political subdivision of any state of the United States ; My deposit is also insured by fdic and should be remitted to me but has not in the form of interest payments, Section 3953.231 | Establishing and maintaining interest-bearing trust account for deposit of non-directed escrow funds.\n\nOhio Revised Code /Title 39 Insurance /Chapter 3953 Title Insurance ( A ) ( 1 ) Each title insurance agent or title insurance company shall establish and maintain an interest-bearing trust account for the deposit of all non-directed escrow funds that meet the requirements of sections 1349.20 to 1349.22 of the Revised Code.\n\n( 2 ) The account shall be established and maintained in any federally insured bank, savings and loan association, credit union, or savings bank that is authorized to transact business in this state. \n\n( 3 ) The account shall be in the name of the title insurance agent or company, and shall be identified as an \" interest on trust account '' or \" IOTA. '' The name of the account may contain additional identifying information to distinguish it from other accounts.\n\n( 4 ) The title insurance agent or company establishing the account shall submit, in writing, to the superintendent of insurance the name, account number, and location of the bank, savings and loan association, credit union, or savings bank in which the trust account is maintained.\n\n( B ) Each title insurance agent or company shall deposit all non-directed escrow funds that are nominal in amount or are to be held for a short period of time into the account established under division ( A ) of this section no later than the next business day after receipt.\n\n( C ) Each account established under division ( A ) of this section shall comply with all of the following : ( 1 ) All funds in the account shall be subject to withdrawal or transfer upon request and without delay, or as soon as permitted by law ; ( 2 ) The rate of interest payable on the account shall not be less than the rate paid by the bank, savings and loan, credit union, or savings bank to its regular depositors. The rate may be higher if there is no impairment of the right to the immediate withdrawal or transfer of the principal ; ( 3 ) All interest earned on the account, net of service charges and other related charges, shall be transmitted to the treasurer of state for deposit in the legal aid fund established under section 120.52 of the Revised Code. No part of the interest earned shall be paid to the title insurance agent or company. \n\n( D ) The title insurance agent or company establishing an account under division ( A ) of this section shall direct the bank, savings and loan association, credit union, or savings bank to do both of the following : ( 1 ) Remit interest or dividends on the average monthly balance in the account, or as otherwise computed in accordance with the standard accounting practice of the bank, savings and loan association, credit union, or savings bank, less reasonable service charges and other related charges, to the treasurer of state at least quarterly for deposit in the legal aid fund established under section 120.52 of the Revised Code ; ( 2 ) At the time of each remittance, transmit to the treasurer of state, and if requested, to the Ohio access to justice foundation, and the title insurance agent or company, a statement showing the name of the title insurance agent or company for whom the remittance is sent, the rate of interest applied, the accounting period, the net amount remitted to the treasurer of state for each account, the total remitted, the average account balance for each month of the period for which the report is made, and the amount deducted for service charges and other related charges.\n\n( E ) The statements and reports submitted by the bank , savings and loan association, credit union, or savings bank under this section, are not public records subject to section 149.43 of the Revised Code and shall be used only to administer the legal aid fund.\n\n( F ) No funds belonging to a title insurance agent or company shall be deposited into an account established under division ( A ) of this section except funds necessary to pay service charges and other related charges of the bank, savings and loan association, credit union, or savings bank that are in excess of earnings on the account.\n\n( G ) No liability arising out of any negligent act or omission of any title insurance agent or company with respect to any account established under division ( A ) of this section shall be imputed to the bank, savings and loan association, credit union, or savings bank.\n\n( H ) No liability or responsibility arising out of any negligent act or omission of any title insurance agent with respect to any account established under division ( A ) of this section shall be imputed to a title insurance company.\n\nAs the executive officer and primary shareholder i demand all proceeds in connection with this extension of credit and and securities account.","date_sent_to_company":"2023-10-24T07:11:58.000Z","issue":"Closing an account","sub_product":"Checking account","zip_code":"443XX","tags":null,"has_narrative":true,"complaint_id":"7752678","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"U.S. BANCORP","date_received":"2023-10-24T05:44:26.000Z","state":"OH","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["A <em>securities</em> intermediary satisfies the duty if : A ) A <em>securities</em> intermediary shall comply with an entitlement <em>order</em> if the entitlement <em>order</em> is originated by the appropriate person, the <em>securities</em> intermediary has had reasonable opportunity to assure itself that the entitlement <em>order</em> is genuine and authorized, and the <em>securities</em> intermediary has had reasonable opportunity to comply with the entitlement <em>order</em>."],"product":["Checking or savings <em>account</em>"],"issue":["Closing an <em>account</em>"],"sub_product":["Checking <em>account</em>"],"sub_issue":["Company closed your <em>account</em>"]},"sort":[16.772833,"7752678"]},{"_index":"complaint-public-v1","_id":"6764938","_score":16.666023,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"I have three credit card accounts with Capital One that have been closed. I believe this adverse action is a retaliatory act against me exercising my right to accept my remittance coupon and instruct it to be applied to my account for payment. For account one, On XX/XX/2023, I sent Capital One an accepted payment/remittance coupon for {$3000.00}. I also provided them with a notarized Power of Attorney ( attached below ) acting as agent to my principal 's account. I included instructions ( attached below ) to apply the principal 's balance to the principal 's account for set-off each cycle. I also included the Federal Reserve Act Section 16 as support that my instructions were lawful, with all notes being obligations of the United States. On XX/XX/XXXX, I received correspondence from Capital One Customer Care Team ( attached below ) addressed to the principals account, and not the natural person/agent who requested the written correspondence, and provided the Power of Attorney over the principals account. Capital One made the claim that You are currently listed on this account as primary account holder. As primary account holder, you have full access to the account. I believe this to be a deceitful attempt to ignore my Power of Attorney stating that the natural person is acting as agent to the principals account, by sending correspondence to the principals account and stating that the principal does have full access to the account. \nOn XX/XX/XXXX, Capital One sent correspondence ( attached below ) to my principals account stating, We are closing this account because activity on this or another account is not consistent with our expectations for account usage and violates the Capital One Customer Agreement. Please stop using this account immediately and destroy any cards and checks associated with it. Also, you should update any recurring payments you have set up using this account You are still responsible for paying the full amount of any remaining account balance and youll continue to receive billing statements until the balance reaches XXXX. \nOn XX/XX/XXXX, I mailed a reply to Capital Ones correspondence ( attached below ) clarifying the definitions of capacity I was acting in with the Power of Attorney I submitted. I also enclosed multiple supporting documents such as the FDIC Revised Policy Statement on Securities Lending to support my claims. I also noticed in my portal for Capital One App that the subject line for one of their letters they mailed me was Generic Letters, which led me to believe they found my instructions to be generic, so in my letter mailed on XX/XX/XXXX, I wrote a handwritten letter and clarified any confusion regarding generic letters. I requested a written explanation for my account being restricted, and informed them that I believed they were in violation of 42 USC 12203- Prohibition Against Retaliation and Coercion. I also requested proof of accounting. I concluded with giving Capital One five days to provide remedy by following my original instructions of transferring the principals balance to the principals account each month for set off. \nOn XX/XX/XXXX, I received correspondence from Capital One stating Thank you for contacting us about the terms on your Capital One Walmart Rewards Card account. Your current terms are listed below on the following pages : Capital One failed to provide me with a specific explanation as to why my account was restricted, or proof of accounting. \n\nFor Capital One account two, on XX/XX/2023, I mailed them a written letter stating there was a billing error in requesting me to send a portion of my statement and a check or one money order I went on to express that, Once I have enclosed and accepted my payment coupon, it should act as the payment/tender/financial instrument itself. Before I had an opportunity to mail this letter to Capital One, on XXXX XXXX they had already taken adverse action against me and closed my account ( letter attached ). They also closed my third account and sent written correspondence that was written on XX/XX/2023.","date_sent_to_company":"2023-03-28T16:37:12.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"75234","tags":null,"has_narrative":true,"complaint_id":"6764938","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-03-28T16:19:17.000Z","state":"TX","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["I requested a written explanation for my <em>account</em> being restricted, and informed them that I believed they were in violation of 42 USC 12203- Prohibition Against Retaliation and Coercion. I also requested proof of <em>accounting</em>. I concluded with giving Capital One five days to provide remedy by following my original instructions of <em>transferring</em> the <em>principals</em> <em>balance</em> to the <em>principals</em> <em>account</em> each month for set off."],"issue":["Closing your <em>account</em>"],"sub_issue":["Company closed your <em>account</em>"]},"sort":[16.666023,"6764938"]},{"_index":"complaint-public-v1","_id":"6765621","_score":16.413626,"_source":{"product":"Debt collection","complaint_what_happened":"On or before XX/XX/XXXX, I sent MoneyLion a debt validation letter for account XXXX in which they accused me of owing an alleged debt. With my original letter, I had also added an affidavit concerning violations of Fair Debt Collection Practices Act MoneyLion had participated in while attempting to try to collect such debt. Note, these documents were sent via certified mail with signed mailing return receipts to ensure MoneyLion received them. MoneyLion ignored my request, neither addressing the validation process or compensating me for their willful non compliance to the law. Their only response has been to request from me the information that I had asked them to validate. \n\nUnder 15 U.S. Code 1692a titled \" Definitions '' a debt collector is defined as any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts .... owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. \n\nBy literal definition, MoneyLion falls under the term and as such are liable in concerns to the laws surrounding debt collection practices. MoneyLion has refused to not only validate the debt, they have reported the debt as paid and charged off to all of the credit agencies, ruining my reputation and credit worthiness. My last letter was delivered to them on XX/XX/XXXX at XXXX XXXX and I have not received a response from them since. \n\nPer their own correspondence, MoneyLion also accelerated the unpaid principal balance of this alleged loan and sold various securities in said investment account held at XXXX XXXX, XXXX to cash and transfer the cash balance to them, privately, sometime after XX/XX/XXXX in order to satisfy the debt you owe due to your overdue loan payments. They used this moeny to pay off the loan, charge off the debt and still report it on my credit as \" paid, charged off '' despite not validating the debt or paying for their violations of the Fair Debt Collection Practices Act.","date_sent_to_company":"2023-04-27T12:15:00.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"20018","tags":null,"has_narrative":true,"complaint_id":"6765621","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"MoneyLion Inc.","date_received":"2023-03-28T15:14:04.000Z","state":"DC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Per their own correspondence, MoneyLion also accelerated the unpaid <em>principal</em> <em>balance</em> of this alleged loan and sold various <em>securities</em> in said investment <em>account</em> held at XXXX XXXX, XXXX to cash and <em>transfer</em> the cash <em>balance</em> to them, privately, sometime after XX/XX/XXXX in <em>order</em> to satisfy the debt you owe due to your overdue loan payments."]},"sort":[16.413626,"6765621"]},{"_index":"complaint-public-v1","_id":"2950070","_score":15.21071,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX, I called XXXX XXXX XXXX of XXXX, NY in order to gain information regarding an allegedly defaulted student loan account in my name. \n\nI was put in touch with a XXXX XXXX, who insisted that I owed a total of {$1100.00}. This was in stark contrast with the amount listed on my Federal Student Aid account, which listed a due principal of {$820.00} with {$0.00} interest due. \n\nWhen I presented this information to XXXX XXXX, he became agitated and hostile, insisting that I owed an additional {$350.00} in interest charges. \n\nI pointed out to XXXX XXXX that I could not possibly owe Security Credit Systems that much, as this loan was serviced by another credit agency before XX/XX/XXXX, before being transferred to XXXX XXXX XXXX after that date by my original loan provider, XXXX XXXX, as disclosed to me with XXXX XXXX business office in a conversation which took place on XX/XX/XXXX. XXXX XXXX XXXX has serviced this loan for less than two weeks, and yet they are claiming I owe roughly 45 % of my principal balance in interest charges, to quote XXXX XXXX. \n\nXXXX XXXX then vacillated between claims that these interest charges were imposed by XXXX XXXX XXXX and, alternatively, the federal government. When I stated that these interest charges couldnt possibly be imposed by the federal government, as the Federal Student Aid website currently lists due interest charges for this loan at {$0.00}, XXXX XXXX again grew angry and demanded that I pay the requested amount immediately. \n\nIt is clear to me, based on the very short length of time XXXX XXXX XXXX has serviced this debt and the significant discrepancy between XXXX . XXXX claims and the official amount listed as due on the Federal Student Aid website, that this is an attempt to charge an exorbitant and potentially usurious amount of money that I do not owe. These actions are in clear violation and, at the time, render me unable to pay my proper debts. \n\nXXXX XXXX XXXX is making wildly fraudulent demands, and should be appropriately reprimanded for their unethical, predatory, and potentially illegal behavior.","date_sent_to_company":"2018-07-17T15:20:44.000Z","issue":"False statements or representation","sub_product":"Federal student loan debt","zip_code":"120XX","tags":null,"has_narrative":true,"complaint_id":"2950070","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HEARTLAND PAYMENT SYSTEMS INC","date_received":"2018-06-29T15:39:14.000Z","state":"NY","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX, I called XXXX XXXX XXXX of XXXX, NY in <em>order</em> to gain information regarding an allegedly defaulted student loan <em>account</em> in my name. \n\nI was put in touch with a XXXX XXXX, who insisted that I owed a total of {$1100.00}. This was in stark contrast with the amount listed on my Federal Student Aid <em>account</em>, which listed a due <em>principal</em> of {$820.00} with {$0.00} interest due."]},"sort":[15.21071,"2950070"]},{"_index":"complaint-public-v1","_id":"18231831","_score":14.901868,"_source":{"product":"Mortgage","complaint_what_happened":"Dear Sir or Madam : I am writing to you to complain about the accounting and servicing of this mortgage and my need for understanding and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date [ corresponding laws in chronological order : US Constitution ( XXXX  ) ; Bill of Rights ( XXXX  ) ; UCC ( XXXX  ) ; TILA ( XXXX  ) ; FCRA ( XXXX ) ; RESPA ( XXXX  ) ; FDCPA ( XXXX  ) ; HOEPA, Pub. L. 103-325 ( XXXX  ) ; 12 CFR 1024.35 ( error resolution ) ; 15 U.S.C. 1641 ( f ) ( owner identification under TILA ) ]. To date, the documents and information I have, that you have sent me, and the conversations with your service representatives have been unproductive and have not answered my questions [ corresponding laws in chronological order : RESPA ( XXXX  ) ; FDCPA ( XXXX  ) ; 12 CFR 1024.36 ( information requests ) ]. Needless to say, I am very concerned. With all the news lately regarding the stories of predatory lending an also the case brought forth against Vanderbilt by the\nCFPB. The CFPB alleges that Vanderbilt violated the Truth in Lending Act and Regulation Z. Back to what I was saying with the stories of predatory lending, you have left me with a feeling there is something you are trying to hide. I worry that potential fraudulent and deceptive practices by unscrupulous mortgage brokers ; sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance balance sheets ; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected any credit rating, mortgage account and/or debt payments that I am currently, Or may be legally obligated to [ TILA ( XXXX  ) ; FCRA ( XXXX  ) ; FDCPA ( XXXX  ) ; HOEPA ( XXXX  ) ; 15 USC 1681s-2 ( FCRA duties of furnishers ) ].\n\nI hereby demand absolute 1st hand evidence from you and the original uncertificated or certificated security regarding account # XXXX. In the event you do not supply me with the very security it will be positive confirmation on your part that you never really created and owned one [ TILA 91968 ) ; RESPA ( XXXX ) ; 15 USC 1641 ( f ) ( TILA owner disclosure ) ].\n\nI also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent to me as well. Absent the actual evidence of the security I have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you say I owe. By debt I am referring to the principal balance you claim I owe ; the calculated monthly payment, calculated escrow payment and any fees claimed to be owed by you and/or any trust or entity you may service or sub-service for Persua\nnt to FASB ASC 405-20-40-1, provide evidence that the original liability has not been extinguished if either : ( a ) the debtor pays the creditor and is relieved of its obligation for the liability, or ( b ) the debtor is legally released from being primary obligor under the liability and owned [ UCC ( 1952 , Article 3 for negotiable instruments, 3-309 enforcement of lost instruments ) ; TILA ( 1968 ) ; RESPA ( 1974 ) ; 15 USC 1641 ( f ) ( TILA owner disclosure ) ].","date_sent_to_company":"2026-01-07T17:16:58.000Z","issue":"Unable to get your credit report or credit score","sub_product":"Manufactured home loan","zip_code":"712XX","tags":null,"has_narrative":true,"complaint_id":"18231831","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"VANDERBILT MORTGAGE & FINANCE, INC","date_received":"2025-12-22T22:22:58.000Z","state":"LA","company_public_response":null,"sub_issue":"Other problem getting your report or credit score"},"highlight":{"complaint_what_happened":["I hereby demand absolute 1st hand evidence from you and the original uncertificated or certificated <em>security</em> regarding <em>account</em> # XXXX. In the event you do not supply me with the very <em>security</em> it will be positive confirmation on your part that you never really created and owned one [ TILA 91968 ) ; RESPA ( XXXX ) ; 15 USC 1641 ( f ) ( TILA owner disclosure ) ].\n\nI also hereby demand that a chain of <em>transfer</em> from you to wherever the <em>security</em> is now be promptly sent to me as well."]},"sort":[14.901868,"18231831"]},{"_index":"complaint-public-v1","_id":"11248093","_score":14.114899,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX ( Account Ending in XXXX ) has previously revoked and rescinded power of attorney and security interests that may have been provided to AMERICAN EXPRESS through any agreements/contracts/CMA-if this was unclear , let it now be known and applied, any and all security interest ( whether through primary or secondary markets, insurance, principal or interest proceeds ) that may have been previously offered or provided to AMERICAN EXPRESS through any agreement/contract, acquiescence , ignorance/lack of knowledge in/of the matter, is hereby rescinded and shall be applied to XXXX XXXX immediately for all past, current and future securities, as XXXX XXXX is now competent to understand the rights and contractual agreements made between AMERICAN EXPRESS and XXXX XXXX and how those rights may have been given to AMERICAN EXPRESS to counter their own obligations of this indebtness as guarantor of debt as described in their SEC filings. \n\nWhile XXXX XXXX may have agreed to transfer of securities by AMERICAN EXPRESS, which resulted in these securities being traded on the secondary market as described in AMERICAN EXPRESS SEC filings and XXXX XXXX may have previously given authority or permission for AMERICAN EXPRESS to keep the proceeds and/or interest on this account, XXXX XXXX is now demanding a refund for all interest of any and all security interests of this account in accordance with the 80/20 rule whereas XXXX XXXX is entitled to 80 % of the proceeds of the securities on this account and AMERICAN EXPRESS is afforded 20 % for their efforts in transferring these securities. XXXX XXXX demands that AMERICAN EXPRESS abide by their SEC filings, The Securities Exchange Act of 1934, as well as their prospectus, XXXX and XXXX forms provided to the SEC regarding their responsibility of guarantor on the accounts held by AMERICAN EXPRESS including their duty to repay all indebtness and obligations and their fiduciary duties to act within the best interest of the beneficiaries ( XXXX XXXX ) -IMMEDIATELY. \nCertified documentary evidence that AMERICAN EXPRESS is not in fact in violation of the IRS IRM by not providing copies of 1099s on this account to XXXX XXXX as the IRS PUBLICATIONS require. If AMERICAN EXPRESS has certified documentary evidence to the contrary, it must be provided to XXXX XXXX in writing via certified mail to the address on file, otherwise, it will be assumed these pertinent tax documents were not filed and copies not provided to XXXX XXXX as IRM requires ( any debt over {$600.00} charged off to be reported as income. ) Please provide copies of all tax documents filed or that shall be filed in accordance with IRM/US Code.\n\nCertified GAAP accounting ( including bookkeeping entries ) and tax documents are required evidencing AMERICAN EXPRESS has not been issued any funds or write offs ( credits, currency, monies, securities or any other form ) of payment, discharge or setoff forgiveness, etc., on behalf of this account for the obligation whether that be from the US Government in accordance with 31 U.S. Code 3123, IRS Publication of 1099s, profits and proceeds from any transfer or exchange on primary or secondary markets or any insurance/s on this account that AMERICAN EXPRESS has in conjunction with this account. Given this information, with special attention to 31 U.S. Code 3123, please lawfully explain how AMERICAN EXPRESS was not \" paid '' and the liability of this debt not resolved, and as a result, this account has not been a billing error and reflected inaccurately to CRAs.\n\nEvidence that the payment of liability of this debt has not been provided, afforded, negated OR had the potential to be paid, discharged or the like, based off of the proceeds of said securities, insurance, the current laws, regulations, requirements or acts, to be applied to the said indebtness had the trustee appropriately applied their guidance and acted within their fiduciary duties with regards to the best interests of the beneficiary/conservatorship account as promised in their SEC filings and required as a basic function of the accepted role as trustee rather than intentionally misrepresenting information, misleading and directing or otherwise diverting funding away from beneficiaries that were in or may have been in a conservatorship relationship due to their infancy, ignorance or lack of knowledge, yet, still rightfully entitled to said proceeds and all benefits of account in question.\n\nIn regards to the reporting of this account accurately, please explain how AMERICAN EXPRESS is reporting this account accurate considering the copies of statements provided by AMERICAN EXPRESS qualify as nonmailable matter and therefore can not be in compliance with:15 U.S. Code 1666b - Timing of payments ; as a result, this account should have never been reflected/reported as late and it should never have been closed.\n\nAfter careful review of the statements provided by AMERICAN EXPRESS coupled with review of 15 U.S. Code 1666d - Treatment of credit balances : Credit Balance-A credit balance ( designated CR ) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is {$1.00} or more.\n\n( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. With this being said, XXXX XXXX is now demanding this account be refunded for all past, current and future statements and a check mailed to the account on file for this account-immediately. \n\nLastly, AMERICAN EXPRESS has taken adverse action on this account against XXXX XXXX in violation of FCRA as the negative reporting and closing of this account is adverse to the interests of the consumer. This account shall be reopened as AMERICAN EXPRESS CMA states it can be, at the account holders request. \nAMERICAN EXPRESS is in violation of their fiduciary duties and custodianship of this account as they have failed to act in the best interest of the account holder and investor XXXX XXXX. Should AMERICAN EXPRESS continue to ignore or otherwise not honor any and all requests made by the holder and beneficial owner of this account and the interest herein in accordance with the securities exchange act and their own prospectus provided within their XXXX and XXXX forms to the SEC, XXXX XXXX is prepared to pursue any and all legal and lawful means of remedy regarding this account including reporting to regulatory agencies such as the CFPB, FTC and any and all other regulatory agencies.","date_sent_to_company":"2024-12-22T00:39:13.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"33415","tags":null,"has_narrative":true,"complaint_id":"11248093","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-12-22T00:12:23.000Z","state":"FL","company_public_response":null,"sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["to 80 % of the proceeds of the <em>securities</em> on this <em>account</em> and AMERICAN EXPRESS is afforded 20 % for their efforts in <em>transferring</em> these <em>securities</em>."]},"sort":[14.114899,"11248093"]},{"_index":"complaint-public-v1","_id":"9416631","_score":14.023744,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"Notice of Billing Error ; Notice of Rescission of Security Interest ; Notice of Dispute ; Entitlement Order/Instruction Account Owner Name : XXXX XXXX Billing Address : XXXXXXXX XXXX XXXX XXXXXXXX Georgia XXXX Account Number : XXXX XX/XX/XXXX Please find below my directions regarding Account Number : XXXX pursuant to the Trust Indenture Act of XXXX I am a federally protected consumer and I have reason to believe Bank of New York Mellon Trust Company XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX and AT & XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and President and Pascal Desroches , Principal Financial Officer, Senior Executive Vice President and Chief Financial Officer are committing Securities Fraud and Mail Fraud XXXX XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are in direct violation of their SEC filings. I am now requesting a billing error as I know per XXXX XXXX XXXX XXXX SEC Prospectus filing, XXXX, and XXXX report my coupon is a receivable that has been credited. During this investigation of the billing error my services must be reconnected or I will be forced to contact the SEC for Securities Fraud and violations of said agreement on file with SEC. I am the Holder in Due Course here to claim all Equitable rights and interests owed to me, the Principal. Do you disclaim I am the Investor and Beneficiary? If so, furnish documentary evidence for the record. I know what I receive from XXXX XXXX XXXX XXXX every XXXX weeks is a book entry security based on the Uniform Commercial Code ; I have not and am not receiving my credits as I am supposed to according to the Uniform Commercial Code. It is a fact that my signature secured the XXXX XXXX XXXX XXXX XXXX is trading according to the Securities Exchange and Uniform Commercial Code. It is a fact that I am an investor into this company based on the Uniform Commercial Code. It is a fact that my Securities Account is to be credited every month or every four weeks as the dividend payments mature. In bank law Account means a written list of transactions noting money owed and money paid ; a detailed statement of mutual demands arising out of a contract or a fiduciary relationship. According to Article 9-102 of the UCC \" Account '', except as used in \" account for '', means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( iii ) for a policy of insurance issued or to be issued, ( iv ) for a secondary obligation incurred or to be incurred, ( v ) for energy provided or to be provided, ( vi ) for the use or hire of a vessel under a charter or other contract, ( vii ) arising out of the use of a credit or charge card or information contained on or for use with the card It is a fact that I do not owe XXXX XXXX XXXX XXXX or any subsidiaries or branches of XXXX XXXX XXXX XXXX  any funds based on the Uniform Commercial Code, but XXXX XXXX XXXX XXXXXXXX in fact owes me. It is a fact XXXX XXXX XXXX XXXX trustee is Bank of New York Mellon Trust Company that has a fiduciary duty and obligation to me based on the Uniform Commercial Code. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are in violation of the Securities Exchange by committing Securities Fraud. Securities Fraud has no Statute of Limitations. I am not supposed to be paying a debt with debt. I know they have a custodial primary linked to my account to make sure I am not receiving my credits. The Statements I receive every four weeks from XXXX XXXX XXXX XXXX is a book entry to be credited to my Securities Account. Which is on the public and private side. The Statements are actually a dividend payment based on the interest that XXXX XXXX XXXX XXXX made in a four week period and what they send me in the mail is a Statement of my Account. The top portion of the Statement is the bond, the financial asset ; the bottom portion of the Statement is what was credited to my Securities Account and owed to me. This is why it comes in a positive status and never negative. However, XXXX XXXX XXXX XXXX takes the credits and says I owe them and threatens to disconnect my service when I do not pay them. XXXX XXXX XXXX XXXX is where my Security originated, then XXXX XXXX XXXX XXXX transferred it to Bank of New York Mellon which Bank of New York Mellon then transfers it over to the Treasury to securitize it to get the CUSIP number and the Treasury gives the funds back to me XXXX. Bank of New York Mellon transfers it out to their Intermediary bank instead of to me as it is supposed to be in ordinary course of business. This is how they are hiding the funds. When these funds come back into my account between the hours of XXXX and XXXX every XXXX except on Saturdays and Sundays it goes through my Account but they transfer it to their Intermediary bank which is their security bank Bank of New York Mellon Trust Company National Association. There has to be equal consideration in a contract. My contract is payable to the bearer at the time it comes into my possession as a holder. My contract is payable on demand at a definite time and does not state any other undertaking or instruction besides me promising to pay. By the very definition of a negotiable instrument the contract that I initially endorsed with XXXX XXXX XXXX is a negotiable instrument. The negotiable instrument is what XXXX & XXXX purchased therefore they have received consideration. I transferred my financial asset to XXXX XXXX XXXX XXXX 12 CFR 360.6 Treatment of financial assets transferred in connection with a securitization or participation. ( a ) definitions ( 2 ) Financial asset means cash or a contract or instrument that conveys to one entity a contractual right to receive cash or another financial instrument from another entity. ( XXXX ) Investor means a person or entity that owns an obligation issued by an issuing entity. ( 6 ) Obligation means a debt or equity ( or mixed ) beneficial interest or security that is primarily serviced by the cash flows of one or more financial assets or financial asset pools, either fixed or revolving, that by their terms convert into cash within a finite time period, or upon the disposition of the underlying financial assets, and by any rights or other assets designed to assure the servicing or timely distributions of proceeds to the security holders issued by an issuing entity. ( 8 ) Securitization means the issuance by an issuing entity of obligations for which the investors are relying on the cash flow or market value characteristics and the credit quality of transferred financial assets ( together with any external credit support permitted by this section ) to repay the obligations. The contract I endorsed is the Security/Negotiable Instrument XXXX XXXX XXXX XXXX is trading. The Statements XXXX XXXX XXXX XXXX sends me in the mail every four weeks is the Interest. The Statements XXXX XXXX XXXX XXXX sends me every four weeks in the mail is another Security which I can order XXXX XXXX XXXX XXXX to deposit to get other Securities from it. The Statements received every four weeks in the mail also fits the UCC definition of a negotiable instrument because it is payable to the bearer at the time it is issued on demand or at a definite time ; it has a issue date that it is due by and does not state any other undertaking or instruction besides me ordering the payment. When I Endorse these Statements I am receiving every four weeks for XXXX XXXX XXXX XXXX, it is me creating an order. An order that meets all of the requirements of subsection ( a ) of Article XXXX104 of the UCC and falls within the definition of a \" check ''. A promise or order is not a check or instrument at the time it comes into possession it contains a conspicuous statement however expressed to the effect that the promise or order is not negotiable or is not an instrument governed by Article 3-104. Unless it says on my Statements however expressed it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code it means I have a NEGOTIABLE INSTRUMENT! None, not one of the Statements I have received or still receive up to this day which I get every four weeks in the mail from XXXX XXXX XXXX XXXX states however expressed that it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code. These Statements I receive every four weeks in the mail are Negotiable Instruments by definition of the Uniform Commercial Code Article 3-104 also known as the Bills of Exchange Act. XXXX XXXX XXXX XXXX Fiduciary duty was created when I endorsed the contract. When I endorsed the contract I gave consideration and XXXX XXXX XXXX XXXX agreed. The Statement I am given every XXXX weeks IS NOT a bill as XXXX XXXX XXXX XXXX likes to consider it. What I get every four weeks from XXXX XXXX XXXX XXXX is a Statement of Transactions of money owed by XXXX XXXX XXXX XXXX and money paid by XXXX XXXX XXXX XXXX. Which I am not receiving from XXXX XXXX XXXX XXXX as the Federal Law and Uniform Commercial Code states I am supposed to. Only the president can write a bill. XXXX XXXX XXXX XXXX is committing Language Fraud along with Mail Fraud according to 39 USC 3001 by not listing ( A ) the following notice : This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer and Securities Fraud above all. U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS ( 2002 ) Uniform Commercial Code 1-103. Construction of Uniform Commercial Code to Promote its Purposes and Policies : Applicability of Supplemental Principles of Law. States ( b ) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. The Uniform Commercial Code rules that XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company National Association have agreed upon are automatically assumed to be that known to XXXX XXXX XXXX XXXX Bank of New York Mellon Trust Company National Association. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company National Association is committing Securities Fraud, Mail Fraud, Language Fraud, and Misrepresentation. I Rescind ALL security interest to XXXX XXXX XXXX XXXX and all subsidiaries and Branches XXXX XXXX XXXX XXXX XXXX that was given written, verbal, express, and/or implied from now and forever. Take any action necessary and/or appropriate to reflect the termination of any security interest created. Uniform Commercial Code 1-105. Severability. States If any provision or clause of the Uniform Commercial Code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Uniform Commercial Code which can be given effect without the invalid provision or application, and to this end the provisions of the Uniform Commercial Code are severable. Therefore, rescinding the Security Interest and Proceeds in contract does not effect or invalidate the contract. Uniform Commercial Code 1-201. General Definitions. ( b ) Subject to definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof : ( 3 ) \" Agreement '', as distinguished from \" contract '', means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. ( 4 ) \" Bank '' means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. ( 5 ) \" Bearer '' means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. When I receive my securities from XXXX XXXX XXXX XXXX every 4 weeks/ month, I am the bearer because I am in possession of a negotiable instrument. ( 11 ) \" Consumer '' means an individual who enters into a transaction primarily for personal, family, or household purposes. I am the consumer who entered into this transaction primarily for personal, family, or household purposes. ( 12 ) \" Contract '', as distinguished from \" agreement '', means the total legal obligation that results from the parties ' agreement as determined by the Uniform Commercial Code as supplemented by any other applicable laws. An agreement becomes a contract once I sign it and both parties agree ( 13 ) \" Creditor '' includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor 's or assignor 's estate. ( 15 ) \" Delivery '', with respect to an instrument, document of title, or XXXX XXXX, means voluntary transfer of possession.I transferred possession of my Security to XXXX XXXX XXXX XXXX making them a holder in due course of the instrument which makes them entitled to enforce Fiduciary Duties along with their Trustee Bank of New York Mellon Trust Company National Association and Depository Bank XXXX XXXX XXXX. \n( 17 ) \" Fault '' means a default, breach, or wrongful act or omission. XXXX XXXX XXXX XXXX omitted information of what they are really doing with my Security and the true purpose of this contract ; XXXX XXXX XXXX XXXX did not disclose that my Security would be deposited or sold over and over to make proceeds and I am to receive interest as an investor in the company. Then XXXX XXXX XXXX XXXX tells me I owe XXXX XXXX XXXX XXXX funds for the services and goods. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company National Association are at Fault. ( 20 ) \" Good faith, '' except as otherwise provided in Article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing. I engaged in this contract in good faith and that the other party to this contract was conducting this contract according to the customs and the way it is supposed to be done. My mistake was assuming XXXX XXXX XXXX XXXX were doing things as they were supposed to or conducting business the right way. Now that I know XXXX XXXX XXXX XXXX is not doing their Fiduciary Duty it is my right to enforce them to do so. ( 21 ) \" Holder '' means : ( A ) the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or ( B ) the person in possession of a document of title if the goods are deliverable either to bearer or to the order of the person in possession. \n( 24 ) \" Money '' means a medium of exchange currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. ( 29 ) \" Purchase '' means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. ( 32 ) \" Remedy '' means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. ( 2 ) \" Aggrieved party '' means a party entitled to pursue a remedy. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices states 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. This notice is listed in my contract, I am the debtor and I am asserting my rights. ( XXXX ) \" Security interest '' means an interest in personal property or fixtures which secures payment or performance of an obligation. \" Security interest '' includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article XXXX. I rescind all Security Interest.\n\n( 38 ) \" State '' means a State of the United States, thXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, or any territory or insular possession subject to the jurisdiction of the United States. Uniform Commercial Code 3-103. DEFINITIONS. ( 2 ) \" Consumer account '' means an account established by an individual primarily for personal, family, or household purposes. ( 4 ) \" Drawee '' means a person ordered in a draft to make payment. ( 5 ) \" Drawer '' means a person who signs or is identified in a draft as a person ordering payment. ( 8 ) \" Order '' means a written instruction to pay money signed by the person giving the instruction My endorsed signature is an instruction to pay money to whoever I am giving it to, in this case my endorsed contract was given to XXXX XXXX XXXX XXXX which they purchased and are trading. ( 15 ) \" Remitter '' means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser. Uniform Commercial Code 3-104. NEGOTIABLE INSTRUMENT. States ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( XXXX ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( XXXX ) is payable on demand or at a definite time; and ( XXXX ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. There has to be equal consideration in a contract. My contract is payable to the bearer at the time it comes into my possession as a holder. My contract is payable on demand at a definite time and does not state any other undertaking or instruction besides me promising to pay. By the very definition of a negotiable instrument the contract that I initially signed with XXXX XXXX XXXX is a negotiable instrument. The negotiable instrument is what XXXX XXXX XXXX purchased. The negotiable instrument is the security XXXX XXXX XXXX is trading. The Statements XXXX XXXX XXXX  sends me in the mail every four weeks is the Interest. The Statements XXXX XXXX XXXX sends me every four weeks in the mail is another security which I can order XXXX XXXX XXXX to deposit to get other securities from it. The Statements received every four weeks in the mail also fits the definition of a negotiable instrument because it is payable to the bearer at the time it is issued on demand or at a definite time ; it has a issue date that it is due by and does not state any other undertaking or instruction besides me ordering the payment. When I Endorse these Statements I am receiving every four weeks is me creating an order. An order that meets all of the requirements of subsection ( a ) of Article 3-104 and falls within the definition of a \" check ''. A promise or order is not a check or instrument at the time it comes into possession it contains a conspicuous statement however expressed to the effect that the promise or order is not negotiable or is not an instrument governed by Article 3-104. Unless it says on my Statements it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code or in any way meaning the same thing, this means I have a NEGOTIABLE INSTRUMENT! None, not one of the Statements I have received or still receive up to this day which I get every four weeks in the mail from XXXX XXXX XXXX XXXX in any way that it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code. These Statements are Negotiable Instruments by definition of the Uniform Commercial Code Article 3-104 also known as the Bills of Exchange Act. Uniform Commercial Code 3-104. NEGOTIABLE INSTRUMENT. ( b ) \" Instrument '' means a negotiable instrument. ( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( XXXX ), and otherwise falls within the definition of \" check '' in subsection ( f ) is a negotiable instrument and a check. ( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article. ( e ) An instrument is a \" note '' if it is a promise and is a \" draft '' if it is an order. If an instrument falls within the definition of both \" note '' and \" draft, '' a person entitled to enforce the instrument may treat it as either. Uniform Commercial Code 3-204. INDORSEMENT. ( a ) \" Indorsement '' means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of ( i ) negotiating the instrument, ( ii ) restricting payment of the instrument, or ( iii ) incurring indorser 's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. ( b ) \" Indorser '' means a person who makes an indorsement. ( c ) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument. ( d ) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder 's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection. I rescind all security interest. 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT. \n\" Person entitled to enforce '' an instrument means ( i ) the holder of the instrument, ( ii ) a nonholder in possession of the instrument who has the rights of a holder, or ( iii ) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418 ( d ). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. I am entitled to enforce my instruments as the holder of the instrument and holder in due course, 3-302. HOLDER IN DUE COURSE.\n\n( a ) Subject to subsection ( c ) and Section 3-106 ( d ), \" holder in due course '' means the holder of an instrument if : ( 1 ) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and ( 2 ) the holder took the instrument ( i ) for value, ( ii ) in good faith, ( iii ) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, ( iv ) without notice that the instrument contains an unauthorized signature or has been altered, ( v ) without notice of any claim to the instrument described in Section XXXX306, and ( vi ) without notice that any party has a defense or claim in recoupment described in Section 3-305 ( a ).\n\n3-303. VALUE AND CONSIDERATION. ( a ) An instrument is issued or transferred for value if : ( 1 ) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed ; ( 2 ) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding ; ( 3 ) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due ; ( 4 ) the instrument is issued or transferred in exchange for a negotiable instrument; or ( XXXX ) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument. ( b ) \" Consideration '' means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection ( a ), the instrument is also issued for consideration. \nConsideration was given to XXXX XXXX XXXX XXXX at the time I performed and endorsed the contract that XXXX XXXX XXXX XXXX purchased and is now trading via the Securities and Exchange. According to 15 U.S. Code 1666 - Correction of billing errors ( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. ( XXXX ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. 15 U.S. Code 1666d - Treatment of credit balances Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. The Interest checks I receive every four weeks is an Interest payment according to the Department of Treasury, coupons gain interest every four weeks. The Interest I receive is a credit balance in excess of {$1.00}. My Account with XXXX XXXX XXXX XXXX is a credit balance in excess of {$1.00}. How can I pay a positive balance with a debt? IT IS NOT POSSIBLE. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are committing Securities Fraud. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are to immediately transmit my funds to my Account via the Electronic Funds Transfer. Release my Funds to me immediately as I am currently not receiving my Funds as I am supposed to. This is a Billing Error according to 12 CFR 1026.13 Truth In Lending Regulation Z. 12 CFR 1026.13 - Billing error resolution states ( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account. ( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence. ( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error. ( c ) Time for resolution ; general procedures. ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice. ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or othercharges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. You know your Fiduciary Duty so do them. If XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company does not perform as they should I will have no choice but to contact Office of the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, Federal Deposit Insurance Corporation, the Federal Trade Commission","date_sent_to_company":"2024-07-03T17:32:29.000Z","issue":"Problem when making payments","sub_product":"Personal line of credit","zip_code":"30034","tags":null,"has_narrative":true,"complaint_id":"9416631","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF NEW YORK MELLON CORPORATION, THE","date_received":"2024-07-03T16:48:53.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["The Interest I receive is a credit <em>balance</em> in excess of {$1.00}. My <em>Account</em> with XXXX XXXX XXXX XXXX is a credit <em>balance</em> in excess of {$1.00}. How can I pay a positive <em>balance</em> with a debt? IT IS NOT POSSIBLE. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are committing <em>Securities</em> Fraud. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are to immediately transmit my funds to my <em>Account</em> via the Electronic Funds <em>Transfer</em>."]},"sort":[14.023744,"9416631"]},{"_index":"complaint-public-v1","_id":"5849282","_score":13.601391,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"I am writing about Retail Purchase Agreement Georgia Stock number : XXXX to inform CARVANA, LLC of the fact I will be using 2022 XXXX XXXX XXXX  with VIN # XXXX privately. I am NOT doing commerce with 2022 XXXX XXXXXXXX XXXX Vin # XXXX and will be using it for the private use. I am writing today in good faith that CARVANA AUTO RECIVABLES GRANTOR TRUST XXXX will convenience such interest by the XXXX for XXXX XXXX TRANSACTION with the Stock XXXX he went into with XXXX, XXXX on XXXX, XXXX, 2022 for the delivery date of XXXX. Pursuant to 15 U.S.C 1679 ( a ) ( 2 ) The term consumer credit transaction means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. In stating so XXXX XXXX XXXX extended his consumer credit on the XXXX of XXXX, 2022 transaction for personal, family, or household purposes and nothing more or less and once again not for hire, sale, or commerce. \n\n\" Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another 's Rights, he will be protected, not only in his person, but in his safe conduct. '' II Am.Jur. ( 1st ) Constitutional Law, Sect.329, p.1135 It is an actual fact that XXXX XXXX XXXX has every right to TRAVEL on the public roads without a DRIVER LICENSE CLASS ( C ) since he is merely traveling and not using the Public roads for commerce. As stated on the GEORGIA DEPARTMENT OF DRIVER SERVICES website Class C ( Commercial ) - licenses are issued only if the vehicle is designed to carry sixteen or more passengers ( including the driver ), or utilized to transport hazardous materials in quantities that require a placard. Knowledge and driving skill exams may be required upon initial issuance. ( source : https : //dds.georgia.gov/license-classes # : ~ : text=Class % 20C % 20 ( Commercial ) % 20 % 2D % 20licenses, be % 20required % 20upon % 20initial % 20issuance ). The Grantor will not be carrying sixteen or more people and most definitely not licensed to transport any hazardous materials in any state in which is why he is using it for private travel purposes. Since the Grantor is using it for private travel purposes and not commerce in which is the reason of not needing to register 2022 XXXX XXXX XXXX VIN # XXXX with the GEORGIA DEPARTMENT OF REVENUE ( GEORGIA DEPARTMENT OF DRIVER SERVICES ). Pursuant to Tile 26-INTERNAL REVENUE CODE 7001 ( a ) Every person engaged in any trade or business on which a special tax is imposed by law shall register with the Secretary his name or style, place of residence, trade or business, and the place where such trade or business is to be carried on. In case of a firm or company, the names of the several persons constituting the same, and the places of residence, shall be so registered. In which the Grantor is not using such 2022 XXXX XXXX XXXX VIN # XXXX for any trade or business but for private use only to travel on the public roads. \n\nFurthermore, it is an actual fact that the Grantor has an Security Interest in which secures payment or performance of an obligation of Stock Number : XXXX for 2022 XXXX XXXX XXXX  VIN # XXXX to U.C.C 1-201 ( b ) ( 35 ) Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. Security interest includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9. Security interest does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Section 2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a \" security interest '', but a seller or lessor may also acquire a \" security interest '' by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under Section 2-401 is limited in effect to a reservation of a \" security interest. '' Whether a transaction in the form of a lease creates a \" security interest '' is determined pursuant to Section 1-203. Proof of so is XXXX XXXX XXXX name, place of domicile, and amount financed on Retail Installment Contract and Security Agreement. In which with Grantors name is evidence of his right of possession of 2022 XXXX XXXXXXXX XXXX VIN # XXXX with Stock number : XXXX in which is a Promissory Note. Pursuant to U.C.C. 3-104 ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. In which this Retail Installment Contract and Security Agreement, is a promise to pay. Evidence of so is in the Sales Agreement sections that sates Payment. You promise to pay us the principal amount of {$24000.00} plus finance charges accruing on the unpaid balance at the rate of 27.900 % per year from the date of this Contract until maturity. After maturity, or after you default and we demand payment, we will charge at 27.900 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to the terms and conditions of this Contract. \nIn accordance to U.C.C. 3-203 ( a ) & ( b ) ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.. By CARVANA, LLC transferring this Retail Installment Contract and Security Agreement to XXXX XXXX XXXX XXXX XXXX, 2022 at XXXX XXXX  via https : //www.carvana.com/purchase/order-placed? XXXX in DocuSign Envelope ID : XXXX. \nI sent this response above with CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX but unfortunately the only thing they sent back was a bogus denial letter ( through e-mail and never responding to my letter ) even though I got approved and they took my car I had complete security interest in. As well as CARVANA, LLC was trying to force me to provide them with a driver license because I am not even able to get one because I am not driving 16 or more people or carrying hazardous materials and am just traveling on public roads. In which is the only reason I didn't get this car and not because I got denied as I was approved.","date_sent_to_company":"2022-08-23T15:13:47.000Z","issue":"Getting a line of credit","sub_product":"Personal line of credit","zip_code":"30084","tags":null,"has_narrative":true,"complaint_id":"5849282","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Carvana Group, LLC","date_received":"2022-08-05T08:31:44.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["By CARVANA, LLC <em>transferring</em> this Retail Installment Contract and <em>Security</em> Agreement to XXXX XXXX XXXX XXXX XXXX, 2022 at XXXX XXXX  via https : //www.carvana.com/purchase/<em>order</em>-placed? XXXX in DocuSign Envelope ID : XXXX."]},"sort":[13.601391,"5849282"]},{"_index":"complaint-public-v1","_id":"7490393","_score":13.473064,"_source":{"product":"Credit card","complaint_what_happened":"Subject : BILLING ERROR Re : APPLE CARD ( Goldman Sachs ) Ive sent a registered security for payment to the Principal Executive Office Address of Goldman Sachs Bank on XX/XX/XXXX via USPS Registered subject to the Trust Indenture Act of 1939, Securities Exchange Act of 1934, UPU Treaty of 1863, the Bill of Exchange Act of 1882 regarding equitable securities which also are not limited to but include debt instruments set in replacement of Floating Rate Notes to apply accreditation as debt instruments are rendered to you for the sole purpose of balanced book adjustment as legal tender to lower and reduce the UNITED STATES national debt. \n\nThe credits of the payment was supposed to be processed, and the book entry was supposed to show that nothing was owed. I called USPS to confirm that the Registered Security was delivered. They stated that it was delivered to a Mailing Agent for final delivery at Goldman Sachs. I called the Principal Office at the phone number listed on the SEC Indenture Agreement filings to confirm receipt of the Registered Security, and was transferred to the mail room and told by the mail room attendant to send an email to an internal email address in order to confirm receipt of the Registered Security. Upon sending the email, I received two MailerDaemon notices stating that my email was blocked and that email did not receive external emails. I called Office of Goldman Sachs again and asked for the corporate secretary. The representative asked who the mail was attention to and I advised it was the CFO ( XXXX XXXX XXXX XXXX ), the rep stated that they would take my name and number and advise XXXX XXXX 's office of the message. \nIn an attempt to remedy the matter I have also sent a Billing Error notice, Per the instructions outlined in the Apple Card statement under Billing Rights Summary which states : What to Do If You Think You Find A Mistake on Your Statement : If you think there is an error on your statement, write to us at : Goldman Sachs Bank USA, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX In your letter, give us the following information : Account information : Your name and email address associated with your account. \n\nDollar amount : The dollar amount of the suspected error. \n\nDescription of Problem : If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. \n\n\nYou must contact us within 60 days after the error appeared on your statement. \nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. \n\nWhile we investigate whether or not there has been an error, the following are true : We can not try to collect the amount in question, or report you as delinquent on that amount. \nThe charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. \nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance. \nWe can apply any unpaid amount against your credit limit. \n\nPer the instructions above I am asserting, once again, that the amount of {$4600.00} billed out on XX/XX/XXXX is a charge I am not liable for and I've sent the appropriate payment instrument which should have applied to the full balance. I am within the 60-day allotment period for the billing error notice. \n\nUnder the below codes and regulatory provisions, my balance is to be discharged and no adverse actions are to be taken with regard to my account. Also my credit report is to be updated with the accurate information, as securitized payment coupon has been sent to the company yet has not been applied to the to the balance. \n\nPlease see below list of codes that applies to this case for your reference : Regarding My Credit Report 12 CFR Part 1026 ( Regulation Z ) 1026.13 Billing error resolution and 15 U.S. Code 1666d Regarding My Registered Security 3-603. TENDER OF PAYMENT. \n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. \n\n3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION. \n( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record","date_sent_to_company":"2023-09-02T13:05:41.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"30080","tags":null,"has_narrative":true,"complaint_id":"7490393","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"GOLDMAN SACHS BANK USA","date_received":"2023-09-02T12:56:45.000Z","state":"GA","company_public_response":null,"sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I called USPS to confirm that the Registered <em>Security</em> was delivered. They stated that it was delivered to a Mailing Agent for final delivery at Goldman Sachs. I called the <em>Principal</em> Office at the phone number listed on the SEC Indenture Agreement filings to confirm receipt of the Registered <em>Security</em>, and was <em>transferred</em> to the mail room and told by the mail room attendant to send an email to an internal email address in <em>order</em> to confirm receipt of the Registered <em>Security</em>."]},"sort":[13.473064,"7490393"]},{"_index":"complaint-public-v1","_id":"8194313","_score":13.453344,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"I sent a registered security to OneMain XXXX XXXX 's indenture trustee on XX/XX/2023 to process for payment for account number XXXX and also per the electronic transfers act to remit my interest coupon dividends to my account listed in an instruction letter. I have yet to see an update on my account reflecting my payment by way of a registered security. Nor have they sent the security back to me if they did not accept it. Which proves they either accepted it or mutilated it, and now gives discharge and satisfaction per their 8k SEC filings. Says : ARTICLE XIII DEFEASANCE ; SATISFACTION AND DISCHARGE Section 13.01 Option To Effect Legal Defeasance or Covenant Defeasance. The Company may, at its option, at any time, elect to have either Section 13.02 or 13.03 hereof applied to all Outstanding Securities of any series upon compliance with the conditions set forth below in this Article XIII. \n\n\n\nSection 13.02 Legal Defeasance. Upon the Companys exercise under Section 13.01 hereof of the option applicable to this Section 13.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 13.04 hereof, be deemed to have been discharged from its obligations with respect to all Outstanding Securities of a series ( and any Guarantors shall be deemed to have been discharged and released from their respective Guarantees of such series of Securities ) on the date the conditions set forth below are satisfied ( hereinafter, Legal Defeasance ). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the Outstanding Securities of a series, which shall thereafter be deemed to be Outstanding only for the purposes of Section 13.06 hereof, and to have satisfied all of its other obligations under such series of Securities and this Indenture with respect to such series of Securities ( and the Trustee, on demand of and at the expense of the Company, shall execute such instruments as reasonably requested by the Company acknowledging the same ), except for the following provisions which shall survive until otherwise terminated or discharged hereunder : ( a ) the rights of Holders of such series of Securities to receive payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, solely out of the trust created pursuant to this Indenture referred to in Section 13.04 ; ( b ) the Companys obligations with respect to such series of Securities concerning issuing temporary Securities, registration of such series of Securities, mutilated, destroyed, lost or stolen notes and the maintenance of an office or agency for payment and money for security payments held in trust ; ( c ) the rights, powers, trusts, duties and immunities of the Trustee, and the Companys obligations in connection therewith ; and ( d ) this Section 13.02. \n\n\n\nSubject to compliance with this Article XIII, the Company may exercise its option under this Section 13.02, notwithstanding the prior exercise of its option under Section 13.03. \n\n\n\nSection 13.03 Covenant Defeasance. Upon the Companys exercise under Section 13.01 hereof of the option applicable to this Section 13.03 with respect to a series of Securities, the Company shall, subject to the satisfaction of the conditions set forth in Section 13.04 hereof, be released from its obligations under Section 6.06 and Section 6.07 with respect to the Outstanding Securities ( and any Guarantors shall be deemed to have been discharged and released from their respective Guarantees of such series of Securities ) of such series on and after the date the conditions set forth in Section 13.04 are satisfied ( hereinafter, Covenant 61 Defeasance ), and the Securities of such series shall thereafter be deemed not Outstanding for the purposes of any direction, waiver, consent or declaration or act of Holders ( and the consequences of any thereof ) in connection with such covenants, but shall continue to be deemed Outstanding for all other purposes hereunder ( it being understood that such Notes shall not be deemed Outstanding for accounting purposes ). For this purpose, Covenant Defeasance means that, with respect to the Outstanding Securities of such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 8.01 hereof, but, except as specified above, the remainder of this Indenture and such series of Securities shall be unaffected thereby. In addition, upon the Companys exercise under Section 13.01 hereof of the option applicable to this Section 13.03, subject to the satisfaction of the conditions set forth in Section 13.04 hereof, Section 8.01 ( d ) hereof shall not constitute an Event of Default. \n\n\n\nSection 13.04 Conditions to Legal or Covenant Defeasance. The following are the conditions precedent to the application of either Section 13.02 or 13.03 hereof to the Outstanding Securities of a series : In order to exercise either Legal Defeasance or Covenant Defeasance with respect to the Outstanding Securities of a series : ( a ) the Company must irrevocably deposit with the Trustee, in trust ( the Defeasance Trust ), for the benefit of the Holders of the Outstanding Securities of such series, cash in U.S. dollars, U.S. Government Obligations, or a combination thereof, in such amounts as shall be sufficient to pay the principal of, premium, if any, and interest due on the Outstanding Securities of such series on Stated Maturity or on the applicable Redemption Date, as the case may be, of such principal, premium, if any, or interest on such Securities of such series, and the Company must specify whether such Notes are being defeased to Stated Maturity or to a particular Redemption Date ; ( b ) in the case of Legal Defeasance, the Company shall have delivered to the Trustee an Opinion of Counsel confirming that, subject to customary assumptions and exclusions, ( i ) the Company has received from, or there has been published by, the United States Internal Revenue Service a ruling, or ( ii ) since the issuance of the Securities of such series, there has been a change in the applicable U.S. federal income tax law, in either case to the effect that, and based thereon such Opinion of Counsel shall confirm that, subject to customary assumptions and exclusions, the Holders of the Securities of such series will not recognize income, gain or loss for U.S. federal income tax purposes, as applicable, as a result of such Legal Defeasance and will be subject to U.S. federal income tax on the same amounts, in the same manner and at the same times as would have been the case if such Legal 62 Defeasance had not occurred ; provided, however, the Opinion of Counsel required with respect to a Legal Defeasance need not be delivered if all Notes not theretofore delivered to the Trustee for cancellation ( x ) have become due and payable or ( y ) will become due and payable at their Stated Maturity within one year or are to be called for redemption within one year under arrangements satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense, of the Company ; ( c ) in the case of Covenant Defeasance, the Company shall have delivered to the Trustee an Opinion of Counsel confirming that, subject to customary assumptions and exclusions, the Holders of the Securities of such series will not recognize income, gain or loss for U.S. federal income tax purposes as a result of such Covenant Defeasance and will be subject to such tax on the same amounts, in the same manner and at the same times as would have been the case if such Covenant Defeasance had not occurred ; and ( d ) the Company shall have delivered to the Trustee an Officers Certificate and an Opinion of Counsel ( which Opinion of Counsel may be subject to customary assumptions and exclusions ), each stating that all conditions precedent provided for or relating to the Legal Defeasance or the Covenant Defeasance, as the case may be, have been complied with. \n\n\n\nSection 13.05 [ Reserved ] Section 13.06 Deposited Money and Government Obligations To Be Held in Trust ; Other Miscellaneous Provisions. Subject to Section 13.07 hereof, all money and U.S. Government Obligations ( including the proceeds thereof ) deposited with the Trustee ( or other qualifying Trustee, collectively for purposes of this Section 13.06 only, the Trustee ) pursuant to Section 13.04 hereof in respect of the Outstanding Securities of the applicable series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent ( other than the Company ) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal or Redemption Price of, and interest on, such Securities, provided that such money need not be segregated from other funds except to the extent required by law. \n\n\n\nThe Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 13.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities of such series. \n\n\n\nAnything in this Article XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the written request of the Company any money or U.S. Government Obligations held by it as provided in Section 13.04 hereof which, in the opinion of, or based on a certificate or representation of, a nationally recognized firm of independent public accountants delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. \n\n\n\n63 Section 13.07 Repayment to the Company. Subject to applicable law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal or Redemption Price of, or interest on any Securities of such series and remaining unclaimed for two years after such amount has become due and payable shall be paid to the Company on its request or ( if then held by the Company ) shall be discharged from such trust ; and the Holder of such Securities shall thereafter look only to the Company for payment thereof as a general creditor, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as Trustee thereof, shall thereupon cease ; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, at the expense of the Company, may cause to be published once, in The New York XXXX and The XXXX XXXX XXXX ( national editions ), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days after the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. \n\n\n\nSection 13.08 Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or U.S. Government Obligations in accordance with Section 13.02 or 13.03 hereof, as the case may be, by reason of any order of judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the obligations of the Company under this Indenture and the Securities of such series shall be revived and reinstated as though no deposit had occurred pursuant to Section 13.02 or 13.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 13.02 or 13.03 hereof, as the case may be ; provided, however, that, if the Company makes any payment with respect to any Securities of such series following the reinstatement of its obligations with respect to such Securities, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent. \n\n\n\nSection 13.09 Satisfaction and Discharge of Indenture. This Indenture, with respect to the Securities of any series ( if all series issued under this Indenture are not to be affected ), shall, upon Company Order, cease to be of further effect ( and any Guarantees of such series of Securities shall be released ) ( except as to any surviving rights of registration of transfer or exchange of such Securities herein expressly provided for and rights to receive payments of principal of and premium, if any, and interest on such Securities ), and the Trustee, at the expense of the Company, shall execute such instruments reasonably requested by the Company acknowledging satisfaction and discharge of this Indenture, when : ( a ) either ( i ) all Securities of such series have been authenticated, except lost, stolen or destroyed Securities that have been replaced or paid as provided in Section 3.07 and Securities for whose payment money has been deposited in trust and thereafter repaid to the Company, have been delivered to the Trustee for cancellation ; or ( ii ) all Securities of such series that have not been delivered to the Trustee for cancellation have become due and payable by reason of the 64 mailing of a notice of redemption or otherwise or will become due and payable within one year or are to be called for redemption within one year under arrangements satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense of the Company, and the Company has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders, cash in U.S. dollars, U.S. Government Obligations, or a combination of cash in U.S. dollars and U.S. Government Obligations, in such amounts as will be sufficient without consideration of any reinvestment of interest, to pay and discharge the entire indebtedness on the Securities not delivered to the Trustee for cancellation for principal, premium, if any, and accrued interest to Stated Maturity or on the applicable Redemption Date, as the case may be ; ( b ) the Company has paid or caused to be paid all sums payable by it under this Indenture with respect to such series of Securities ; and ( c ) in the event of a deposit as provided in clause ( a ) ( ii ) above, the Company has delivered irrevocable instructions to the Trustee under this Indenture to apply the deposited money toward the payment of the Securities of such series at Stated Maturity or on the applicable Redemption Date, as the case may be. \n\n\n\nIn addition, the Company must deliver an Officers Certificate and an Opinion of Counsel to the Trustee stating that all conditions precedent to satisfaction and discharge have been satisfied. \n\n\n\nNotwithstanding the satisfaction and discharge of this Indenture, if money shall have been deposited with the Trustee pursuant to clause ( a ) ( ii ) of this Section 13.09, the provisions of the immediately following paragraph and Section 13.07 shall survive. \n\n\n\nSubject to the provisions of Section 13.07, all money deposited with the Trustee pursuant to clause ( a ) ( ii ) of this Section 13.09 shall be held in trust and, at the written direction of the Company, be invested prior to maturity in U.S. Government Obligations, and applied by the Trustee in accordance with the provisions of the Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the Persons entitled thereto, of the principal ( and premium, if any ) and interest for the payment of which money has been deposited with the Trustee ; but such money need not be segregated from other funds except to the extent required by law. \n\n\n\nSection 13.10 Deposits of Non-U.S. Currencies. Notwithstanding the foregoing provisions of this Article, if the Securities of any series are payable in a Currency other than U.S. Dollars, the Currency or the nature of the government obligations to be deposited with the Trustee under the foregoing provisions of this Article shall be as set forth in the Officers Certificate or established in the supplemental indenture under which the Securities of such series are issued. \nIf they do not update my payment for accepting my registered security and if they did not accept my registered security, then why wasn't it sent back to me. If they don't comply with there own SEC 8k filing rules that they have created, I will file a complaint with the SEC for securities fraud.","date_sent_to_company":"2024-01-21T17:25:55.000Z","issue":"Problem when making payments","sub_product":"Personal line of credit","zip_code":"445XX","tags":null,"has_narrative":true,"complaint_id":"8194313","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2024-01-21T16:45:15.000Z","state":"OH","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I sent a registered <em>security</em> to OneMain XXXX XXXX 's indenture trustee on XX/XX/2023 to process for payment for <em>account</em> number XXXX and also per the electronic <em>transfers</em> act to remit my interest coupon dividends to my <em>account</em> listed in an instruction letter. I have yet to see an update on my <em>account</em> reflecting my payment by way of a registered <em>security</em>. Nor have they sent the <em>security</em> back to me if they did not accept it."]},"sort":[13.453344,"8194313"]},{"_index":"complaint-public-v1","_id":"10476462","_score":13.045467,"_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":["As such, a request was made and it is my understanding that payments take 1-3 days to post to my <em>account</em> and show as available credit however, Discover did not promptly credit my <em>account</em>, via the Electronic Fund <em>Transfer</em> Act, the allocation of <em>principal</em> and interest accrued thereon from my payment coupon."]},"sort":[13.045467,"10476462"]},{"_index":"complaint-public-v1","_id":"7907797","_score":13.030733,"_source":{"product":"Mortgage","complaint_what_happened":"On the following dates, XX/XX/XXXX request was sent and again on XX/XX/XXXX. On XX/XX/XXXX, a petition was sent requesting the original wet ink signature inspection, not copies. Another package was sent XX/XX/XXXX ( XXXX ). \nAn international bill of exchange to pay off the loan was sent on XX/XX/XXXX. An email was sent on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. Around XX/XX/XXXX, a package with numerous bonds and remittance transfer was mailed and they refuse to credit the account along with providing validation of debt ( tracker XXXX ). On XX/XX/XXXX, a civil summon was sent via email along with notification about the upcoming certified mailed package with the court document and they have been dodging not picking up or receiving XXXX packages. On XX/XX/XXXX another package was sent ( tracker XXXX ) along with tort documentation. still no credit to the accounts while keeping the original security document. along with validation of debt ( tracker XXXX ) and the documents listed below. XX/XX/XXXX another package was sent again ( tracker XXXX ). On XX/XX/XXXX, another package was sent XXXX ) and they were notified of the upcoming court document along with certified mail number. So they dodge the document and did not accept or pick it up.. XX/XX/XXXX another package was sent with the international bill of exchange since they did not accepted the court order they did not accept that package either. On XX/XX/XXXX, another packages with numerous bonds and remittance transfer coupons were sent again. The package was address to XXXX XXXX XXXX based on the XXXX investor report he could be reach at the headquarter when I called on XX/XX/XXXX since the package was delivered on XX/XX/XXXX to find out when they credit the account and follow the instruction provides. I was told he could not be reached and there was no way to get a hold of him. WELLS FARGO made millions using my securities, my signature, and in turn I requested for them to accept my performance as a surety on the account and credit the account. I have rescinded their interest and accepted all title, all right, and guaranteed equity in my securities. Each occasion WELLS FARGO refused to credit the account. \nWELLS FARGO is not able to provide as previously requested : A currency trace proving funds for the alleged debt that were actually provided by the WELLS FARGO or its assignor since there will be a currency trace if they are a true creditor. The XXXX balance sheet as it relates to the original line of credit, which would show the ledgering of the account. \nThe off balance sheet entry of the line of credit. The form is Mandatory filing pursuant to Title 12 U.S.C. 248 & 347. The 1099 OID and 1099-A reports that will identify who the principal is from, which capital and interest was taken, and who the recipient or payer of the funds are, and who is holding the account in escrow, unadjusted on this account. The S3-A registration statement : shows when and where the account was sold. The 424 B-5 prospectus ( security filing ). The RC C, C Q & RC S call schedules covering the period of the origination. The FASB ( Financial Accounting Standards Board ) part of GAAP ( Generally Accepted Accounting Standards ) FAS 125, 133, 140, 5, 95. These will direct the auditor to the liability side of the banks books and also create the trail of exactly where the money came from and where it went. A certified copy of the bond that the lender purchased to insure this account and copies of any payments made to date. This agreement stands for any and all trustee ( s ), Successor Trustee ( s ), Substituted Trustee ( s ), Agent ( s ), Servicers ( s ), Assigns ( s ), Transfer ( s ), known and unknown. This agreement and or obligation is non-transferable. Any transfers without the expressed written consent of the Plaintiff should be deemed as trespassing. If WELLS FARGO claims that there was a contractual obligation between Plaintiff and WELLS FARGO through an alleged contract then WELLS FARGO has ( pursuant to contract law and common sense ) the contractual obligation to produce and disclose and comply with such requests by the WELLS FARGO, which WELLS FARGO now requests. WELLS FARGO must provide an authentic signed contract by both parties. Provide licensing and permitting information. WELLS FARGO refuses to validate and produce the requested documents further they have no contractual obligation to produce and/ or disclose and / or comply then such failure to validate would established that there is no contractual obligation between us. If there is no contractual obligation between us, WELLS FARGO has no legal right to make negative report to my credit report and their failure to comply XXXX prove fault and security fraud. The alleged debt has been denied and disputed and must be validated and verified by the WELLS FARGO. \nWELLS FARGO issued a monthly Bond Statement and a coupon note. These are recognized as negotiable instruments under U.C.C. Article 3. I sought to enforce this coupon note through endorsement and transfer in good faith, as stipulated in U.C.C. 3-301. If such a promise to pay is rendered invalid, it casts doubt on the legitimacy of the entire debt. As established in U.C.C., the debt is either considered satisfied or entirely nullified. WELLS FARGO 's refuses to honor their note, despite the actions in alignment with the U.C.C., amounts to a full discharge of the debt as per U.C.C. 3-603. It falls upon the WELLS FARGO to demonstrate that the issued coupon note does not fulfill the criteria established in the U.C.C. By not acknowledging my rightful claim, WELLS FARGO unjustly benefits from the security and continues to commit security fraud and money laundering.\n\nWELLS FARGO issued a monthly Bond Statement and a coupon note. These are recognized as negotiable instruments under U.C.C. Article 3. I sought to enforce this coupon note through endorsement and transfer in good faith, as stipulated in U.C.C. 3-301. If such a promise to pay is rendered invalid, it casts doubt on the legitimacy of the entire debt. As established in U.C.C., the debt is either considered satisfied or entirely nullified. WELLS FARGO 's refuses to honor their note, despite the actions in alignment with the U.C.C., amounts to a full discharge of the debt as per U.C.C. 3-603. It falls upon the WELLS FARGO to demonstrate that the issued coupon note does not fulfill the criteria established in the U.C.C. By not acknowledging my rightful claim, WELLS FARGO unjustly benefits from the security and continues to commit security fraud and money laundering.","date_sent_to_company":"2023-11-28T00:27:13.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"XXXXX","tags":"Servicemember","has_narrative":true,"complaint_id":"7907797","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2023-11-28T00:16:26.000Z","state":"IN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Paying off the loan"},"highlight":{"complaint_what_happened":["The XXXX <em>balance</em> sheet as it relates to the original line of credit, which would show the ledgering of the <em>account</em>. \nThe off <em>balance</em> sheet entry of the line of credit. The form is Mandatory filing pursuant to Title 12 U.S.C. 248 & 347. The 1099 OID and 1099-A reports that will identify who the <em>principal</em> is from, which capital and interest was taken, and who the recipient or payer of the funds are, and who is holding the <em>account</em> in escrow, unadjusted on this <em>account</em>."]},"sort":[13.030733,"7907797"]},{"_index":"complaint-public-v1","_id":"14370025","_score":12.816254,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Formal Dispute of Erroneous Credit Reporting and Demand for Permanent Removal NOTICE TO PRINCIPAL IS NOTICE TO AGENT. NOTICE TO AGENT IS NOTICE TO PRINCIPAL. \n\nThis is a lawful dispute and final demand issued by the XXXX, XXXX, and Secured Party Creditor of the XXXX XXXX XXXX XXXX XXXX XXXX. This communication is in reference to the unlawful reporting, processing, and continued injury arising from accounts including but not limited to : XXXX XXXX XXXX Account XXXX Status : Charged-off, {$1100.00} balance listed Dispute : XXXX XXXX XXXX has no standing to report a balance as the collateral promissory note has been transferred into a private trust, confirmed by audit records and XXXX XXXX XXXX XXXX \n\nUnder the Executor Order issued during the XXXX administration, any account listed as charged off has been satisfied through credit underwriting and debt discharge. Continued reporting is an attempt at unjust enrichment, as the asset has already been monetized and settled in a separate account or trust. \n\nXXXX XXXX Account XXXX Status : Charged-off {$18000.00} Dispute : This vehicle was sold, and XXXX failed to apply the credit proceeds toward the account. The XXXX XXXX XXXX the transfer of asset control into a securitized trust, removing XXXX right to enforce or report the obligation. Your continued reporting of this account misrepresents the balance and is both inaccurate and injurious to the trust res and estate. \n\nXXXX XXXX XXXX : Charged-off Dispute : Your report falsely lists inconsistent balances ( {$30.00} / {$90.00} ). No proper verification has been provided despite multiple disputes. \n\nXXXX XXXX  Account XXXX Status : Charged-off, {$760.00} Last payment : XX/XX/year> Dispute : No proper itemization of charges has been provided. Information is incomplete and does not meet XXXX FCRA reinvestigation requirements. \n\nExperian ( Multiple Entries ) Multiple closed accounts are listed as active, despite being closed, paid, or never opened. These entries contain incomplete, outdated, or conflicting data, including those not requested to be closed by me. These also must be removed. \n\nXXXX Unauthorized Inquiries Dispute : I formally demand removal of all inquiries not authorized in writing under the FCRA. The inquiries were not consented to, and you have failed to remove them after repeated demand. I now demand written proof of consent or they must be removed.\n\nLEGAL & EQUITABLE DEMANDS : Remove all adverse reports, balances, and charged-off statuses listed above. \n\nDelete all addresses other than : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Immediately remove all XXXX inquiries not authorized under FCRA 604 Provide verification of reinvestigation from a lawful source such as the United States XXXX  XXXX for XXXX XXXX XXXX XXXX XXXX  in XXXX, including proof of any discharge or claim filing.\n\nUnder 15 U.S.C. 1681i ( a ) and 15 U.S.C. 1681s-2, I demand that you : Furnish documentary proof from the original creditor and court. \n\nProvide the name and contact of each furnisher used. \n\nShow all dates of verification attempts and reinvestigation findings. \n\nDisclose your method of validation and correction. \n\nXXXX XXXX XXXX XXXX FINDINGS : Both XXXX XXXX  audits confirm the collateral instruments have been assigned into pooled investment trusts, severing the original creditors claim and transferring both liability and rights to third-party investors, thereby voiding any further debt collection or derogatory reporting. \n\nAccording to financial accounting rules ( highlighted in provided excerpts ) : \" The lender has recourse to significant other assets or the lender has an irrevocable letter of credit from a third party. '' \" The guarantee covers a large part of the loan enforcing the guarantee is possible. '' This confirms securitization, credit conversion, and discharge by accounting, meeting XXXX and XXXX standards. \n\nFINAL NOTICE You are hereby provided XXXX HOURS from receipt of this demand to correct your records, remove all adverse accounts, and provide complete written verification. Failure to comply constitutes : A willful violation of the FCRA, FDCPA, and XXXX An injury to XXXX XXXX and fiduciary breach Justification to file a Bill in Equity, initiate private XXXX enforcement, and claim treble damages under federal commercial remedy. \n\nCERTIFIED MAIL PROOF OF IDENTITY You have been previously provided certified copies of : My valid government ID Social Security Number Proof of residence Prior administrative demands You have failed to correct your records in violation of due process, the Fair Credit Reporting Act, and Trust Law. \nSECURITIZATION & TRUST ASSIGNMENT ( XXXXXXXX XXXX XXXX XXXX ) Both XXXX audits confirm that the original loan instruments were securitized and assigned to private investment trusts, thereby discharging the originating creditors legal standing. This process violates the core principles of continued collection or reporting once an asset has been sold, collateralized, or otherwise removed from the creditors books. \n\nAs confirmed by audit findings : The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) was pooled and securitized, with the beneficial interest sold to a third-party trust, stripping XXXX of XXXX remaining claim to the account. \n\nThe XXXX XXXX loan ( XXXX XXXX likewise shows that the underlying promissory note and lien were transferred into a trust. Once transferred, XXXX no longer held the asset nor the right to report, enforce, or collect. \n\nThis transfer satisfies the key conditions outlined in the Receivables and XXXX XXXX textbook youve submitted : \" The lender has recourse to significant other assets ... or the lender has an irrevocable letter of credit from a third party for a substantial amount of the loan. '' \" This may be the case where the guarantee covers a large part of the loan, the payment ability of the guarantor can be reliably measured ... enforcing the guarantee is possible. '' This is consistent with XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX guidelines for transferred financial assets. Once the obligation has been securitized and credit is extended or fulfilled by other means ( credit default swaps, reinsurance, pooled trust guarantees ), it is extinguished from the original lenders books. \n\nContinuing to report such accounts is : Fraudulent under FCRA 623 and FDCPA 807, A misrepresentation of current creditor standing, and An attempt to collect on an asset already satisfied via credit creation","date_sent_to_company":"2025-06-30T20:05:24.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"980XX","tags":null,"has_narrative":true,"complaint_id":"14370025","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-06-30T20:04:53.000Z","state":"WA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["This communication is in reference to the unlawful reporting, processing, and continued injury arising from <em>accounts</em> including but not limited to : XXXX XXXX XXXX <em>Account</em> XXXX Status : Charged-off, {$1100.00} <em>balance</em> listed Dispute : XXXX XXXX XXXX has no standing to report a <em>balance</em> as the collateral promissory note has been <em>transferred</em> into a private trust, confirmed by audit records and XXXX XXXX XXXX XXXX \n\nUnder the Executor <em>Order</em> issued during the XXXX administration, any <em>account</em> listed as"]},"sort":[12.816254,"14370025"]},{"_index":"complaint-public-v1","_id":"14369828","_score":12.805222,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Formal Dispute of Erroneous Credit Reporting and Demand for Permanent Removal NOTICE TO PRINCIPAL IS NOTICE TO AGENT. NOTICE TO AGENT IS NOTICE TO PRINCIPAL. \n\nThis is a lawful dispute and final demand issued by the XXXX, XXXX, and Secured Party Creditor of the XXXX XXXX XXXX XXXX XXXX XXXX. This communication is in reference to the unlawful reporting, processing, and continued injury arising from accounts including but not limited to : XXXX XXXX XXXX Account XXXX Status : Charged-off, {$1100.00} balance listed Dispute : XXXX XXXX XXXX has no standing to report a balance as the collateral promissory note has been transferred into a private trust, confirmed by audit records and XXXX XXXX XXXX XXXX \n\nUnder the Executor Order issued during the XXXX administration, any account listed as charged off has been satisfied through credit underwriting and debt discharge. Continued reporting is an attempt at unjust enrichment, as the asset has already been monetized and settled in a separate account or trust. \n\nXXXX XXXX Account XXXX Status : Charged-off {$18000.00} Dispute : This vehicle was sold, and XXXX failed to apply the credit proceeds toward the account. The XXXX XXXX XXXX the transfer of asset control into a securitized trust, removing XXXX right to enforce or report the obligation. Your continued reporting of this account misrepresents the balance and is both inaccurate and injurious to the trust res and estate. \n\nXXXX XXXX XXXX : Charged-off Dispute : Your report falsely lists inconsistent balances ( {$30.00} / {$90.00} ). No proper verification has been provided despite multiple disputes. \n\nXXXX XXXX  Account XXXX Status : Charged-off, {$760.00} Last payment : XX/XX/year> Dispute : No proper itemization of charges has been provided. Information is incomplete and does not meet XXXX FCRA reinvestigation requirements. \n\nExperian ( Multiple Entries ) Multiple closed accounts are listed as active, despite being closed, paid, or never opened. These entries contain incomplete, outdated, or conflicting data, including those not requested to be closed by me. These also must be removed. \n\nXXXX Unauthorized Inquiries Dispute : I formally demand removal of all inquiries not authorized in writing under the FCRA. The inquiries were not consented to, and you have failed to remove them after repeated demand. I now demand written proof of consent or they must be removed.\n\nLEGAL & EQUITABLE DEMANDS : Remove all adverse reports, balances, and charged-off statuses listed above. \n\nDelete all addresses other than : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Immediately remove all XXXX inquiries not authorized under FCRA 604 Provide verification of reinvestigation from a lawful source such as the United States XXXX  XXXX for XXXX XXXX XXXX XXXX XXXX  in XXXX, including proof of any discharge or claim filing.\n\nUnder 15 U.S.C. 1681i ( a ) and 15 U.S.C. 1681s-2, I demand that you : Furnish documentary proof from the original creditor and court. \n\nProvide the name and contact of each furnisher used. \n\nShow all dates of verification attempts and reinvestigation findings. \n\nDisclose your method of validation and correction. \n\nXXXX XXXX XXXX XXXX FINDINGS : Both XXXX XXXX  audits confirm the collateral instruments have been assigned into pooled investment trusts, severing the original creditors claim and transferring both liability and rights to third-party investors, thereby voiding any further debt collection or derogatory reporting. \n\nAccording to financial accounting rules ( highlighted in provided excerpts ) : \" The lender has recourse to significant other assets or the lender has an irrevocable letter of credit from a third party. '' \" The guarantee covers a large part of the loan enforcing the guarantee is possible. '' This confirms securitization, credit conversion, and discharge by accounting, meeting XXXX and XXXX standards. \n\nFINAL NOTICE You are hereby provided XXXX HOURS from receipt of this demand to correct your records, remove all adverse accounts, and provide complete written verification. Failure to comply constitutes : A willful violation of the FCRA, FDCPA, and XXXX An injury to XXXX XXXX and fiduciary breach Justification to file a Bill in Equity, initiate private XXXX enforcement, and claim treble damages under federal commercial remedy. \n\nCERTIFIED MAIL PROOF OF IDENTITY You have been previously provided certified copies of : My valid government ID Social Security Number Proof of residence Prior administrative demands You have failed to correct your records in violation of due process, the Fair Credit Reporting Act, and Trust Law. \nSECURITIZATION & TRUST ASSIGNMENT ( XXXXXXXX XXXX XXXX XXXX ) Both XXXX audits confirm that the original loan instruments were securitized and assigned to private investment trusts, thereby discharging the originating creditors legal standing. This process violates the core principles of continued collection or reporting once an asset has been sold, collateralized, or otherwise removed from the creditors books. \n\nAs confirmed by audit findings : The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) was pooled and securitized, with the beneficial interest sold to a third-party trust, stripping XXXX of XXXX remaining claim to the account. \n\nThe XXXX XXXX loan ( XXXX XXXX likewise shows that the underlying promissory note and lien were transferred into a trust. Once transferred, XXXX no longer held the asset nor the right to report, enforce, or collect. \n\nThis transfer satisfies the key conditions outlined in the Receivables and XXXX XXXX textbook youve submitted : \" The lender has recourse to significant other assets ... or the lender has an irrevocable letter of credit from a third party for a substantial amount of the loan. '' \" This may be the case where the guarantee covers a large part of the loan, the payment ability of the guarantor can be reliably measured ... enforcing the guarantee is possible. '' This is consistent with XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX guidelines for transferred financial assets. Once the obligation has been securitized and credit is extended or fulfilled by other means ( credit default swaps, reinsurance, pooled trust guarantees ), it is extinguished from the original lenders books. \n\nContinuing to report such accounts is : Fraudulent under FCRA 623 and FDCPA 807, A misrepresentation of current creditor standing, and An attempt to collect on an asset already satisfied via credit creation","date_sent_to_company":"2025-06-30T20:05:20.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"980XX","tags":null,"has_narrative":true,"complaint_id":"14369828","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-06-30T19:24:36.000Z","state":"WA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["This communication is in reference to the unlawful reporting, processing, and continued injury arising from <em>accounts</em> including but not limited to : XXXX XXXX XXXX <em>Account</em> XXXX Status : Charged-off, {$1100.00} <em>balance</em> listed Dispute : XXXX XXXX XXXX has no standing to report a <em>balance</em> as the collateral promissory note has been <em>transferred</em> into a private trust, confirmed by audit records and XXXX XXXX XXXX XXXX \n\nUnder the Executor <em>Order</em> issued during the XXXX administration, any <em>account</em> listed as"]},"sort":[12.805222,"14369828"]},{"_index":"complaint-public-v1","_id":"12100263","_score":12.738437,"_source":{"product":"Debt collection","complaint_what_happened":"Unfair lending practices and debt collection practices. Fraudulent modifications and increasing amounts to balance ; because, of credits or federal reserve note where not being applied to principle balance and escrow correctly. False information delievered by mail about payments owed for a loan that was sold for a profit to other companies without being properly securitized by law or transfering the title without having full ownership of the documents. Collecting on a NOTE that was and is separtaed from the SECURITY DEED and the WARRENTY DEED. The Original NOTE was never recorded with the WARRENTY DEED or SECURITY DEED. \nThreating actions to take property without owning the original loan or providing information requested for the validity of the loan being active or even existed. \nNot respecting the Chapted 7 ORDERED ; The Trustee discharged/closed no assets. \nThe United Stataes Bankruptcy Code, Case No. : 11-51074-mgd The debtor was granted a discharge under section 727 of title 11, Documents including facts and forensic audits and securitization audits/ investigation reports have been added to this complaint. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ORIGINAL LOAN NUMBER : XXXX was closed shortly after the XX/XX/XXXX ' refinance and this refinance increased the balance approximately 20 % + and no refund check or monies were recieved by the borrower from these added monies when the borrower only refinaned to recieve a 1 % decrease on the intrest rate : so the balance went from below {$90000.00} to over $ XXXX Fraudulant ALLONGE TO NOTE was created in a loan amount : XXXX under the loan number : XXXX and was never recorded in the XXXX XXXX deed and records office or tax office. The Bank of America Servicing account number # XXXX ; was added at the top of the ALLONGE TO NOTE document document ; PAY TO THE ORDER OF XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am requesting this department repsenting CARRINGTON MORTGAGE SERVICES to to follow the FEDERAL LAWS and The STATE LAWS OF GEORGIA to research the documents I provide that exposed fraudulant activities and transactions with investors and filings ; false statements about owning the loan and purchasing amounts attached to the property ; as well as, false recording and filing of loan documents. \n\nAttn : XXXX XXXX XXXX Department and Research Department Carrington Mortgage Services , LLC XXXX XXXX XXXX XXXX XXXX XXXX And, because XXXX added XXXX XXXX XXXX in XXXX ' as having all power of attorney over XXXX XXXX XXXX in a reinstatement letter sent by their attornet in XXXX ' for me to send over $ XXXX for a Loan/Account Number : XXXX XXXX ; Acount XXXX : XXXX held by : 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 PLEASE SEE BELOW XXXX Verification of Debt Please be advised the loan is evidenced by a Note dated XX/XX/XXXX, in the principal sum of {$110000.00}, executed by XXXX XXXX XXXX, in XXXX XXXX XXXX Mortgage of XXXX XXXX XXXX XXXX XXXX , a copy of which is enclosed. The loan is secured by a Mortgage dated the same date, a copy of which is also enclosed.\n\nThe current owner of the Note pursuant to 15 U.S.C. 1641 ( f ) ( 2 ) is Bank XXXX. The owner is located at XXXX XXXX XXXX XXXX XXXX XXXX, with a phone number of ( XXXX ) XXXX. XXXX is the current servicer of the loan with rights to enforce the terms of the security instrument and collect on the debt","date_sent_to_company":"2025-02-22T02:07:55.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"302XX","tags":null,"has_narrative":true,"complaint_id":"12100263","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CARRINGTON MORTGAGE SERVICES, LLC","date_received":"2025-02-16T08:30:35.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["Fraudulent modifications and increasing amounts to <em>balance</em> ; because, of credits or federal reserve note where not being applied to principle <em>balance</em> and escrow correctly. False information delievered by mail about payments owed for a loan that was sold for a profit to other companies without being properly securitized by law or <em>transfering</em> the title without having full ownership of the documents. Collecting on a NOTE that was and is separtaed from the <em>SECURITY</em> DEED and the WARRENTY DEED."]},"sort":[12.738437,"12100263"]},{"_index":"complaint-public-v1","_id":"6158472","_score":12.600057,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX RE : RIGHT OF RESCISSION TO WHOM IT MAY CONCERN, We, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, Original Creditors and Natural Person ( s ) hereby rescind our consent to be liable to perform in the IMPLIED contract agreement We entered with XXXX on XX/XX/XXXX concerning the XXXX XXXX XXXX XXXX XXXX XXXX # XXXX ). \n\n\nWe entered into this IMPLIED contract agreement with XXXX without 1 ) Full disclosure of my right to rescind. 2 ) Transparency regarding the process of the Consumer Credit Application being the financial asset ( 12 C.F.R. 360:6 ( 2 ) ) as well as self-liquidating paper ( 17 C.F.R. 260.11b-6 ). We have reason to believe XXXX took advantage of us and our Consumer Credit under IMPLIED contract.\n\nAfter reviewing the documents furnished to Us consumers in this transaction for personal use, it's come to our attention that they are intentionally deceptive and misrepresentation of material fact. The documents appear to be hypothecation agreements for your benefit and to the detriment of Us ( consumers ). Us consumers neither abandoned, gifted, nor pledged our assets for your benefit and demand and closure and XXXX balancing of our account along with a check for the debt and interest held in escrow in our favor as entitlement holder. We are NOT in contract with the feigned lender ( Exeter ) aka the XXXX, XXXX is XXXX \n\nXXXX took our proceeds because they create the presumption that you are the accommodation party and relinquished/abandoned your claim to reimbursementyou have to correct that false impression by expressing the trust as the grantor and beneficiary not being the owner / trustee. We did NOT abandon the underlying obligation nor the proceeds generated therefrom. \n\n\nAll debts are PRE-PAID. A DEBT is CREDIT LIABILITY and is OWED to Us because We created it and are entitled to reclaim it. XXXX created the false impression that the feigned lender ( Exeter ), who in FACT is a XXXX XXXX advanced Us their capital to acquire a XXXX XXXX XXXX XXXX \n\n\nThe Retail Installment Contract ( aka Indenture Lien ) indicates retention or acquisition of a security interest in our principal dwelling, respectfully, which is indicated via Our signatures because our principle dwelling our person ( s ). \n\n\nPursuant to 15 U.S. Code 1662, No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state : ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount. \n( 2 ) that a specified down payment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount.\n\nPursuant to Title 12 C.F.R. 1026 a1 ; In a credit transaction in which a security interest is or will be retained or acquired in a consumer 's principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right to rescind the transaction.. The addition to an existing obligation of a security interest in a consumer 's principal dwelling is a transaction. The right of rescission applies only to the addition of the security interest and not the existing obligation. The creditor shall deliver the notice required by paragraph ( b ) of this section but need not deliver new material disclosures. Delivery of the required notice shall begin the rescission period. \n\nWe granted XXXX Exeter the right to purchase Our security on CREDIT and you all are OBLIGATED to REPAY Us the Credit Liability . This is a Principle/ Agent Relationship. Were the Grantors of Trust and you all are the special agents to execute Our transaction, however, Youll willingly deceived Us and withheld the receipt of Our transaction for your benefit. You pawned it and used Our assets as collateral and have Us repaying the loan/advance. \n\nThe vehicle was already PAID with Our signatures. The signatures turned the paper into money, which youll cashed in. The vehicle has an original bond with interest that XXXX is supposed to pay, but XXXX deceitfully directed those payments to Us in the form of car payments. \n\nThe Effects of Rescission Pursuant to 12 C.F.R. 1026.23d are as follows : ( 1 ) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void and the consumer shall not be liable for any amount, including any finance charge. \n\n( 2 ) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.\n\n( 3 ) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph ( d ) ( 2 ) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer 's option, tender of property may be made at the location of the property or at the consumer 's residence. Tender of money must be made at the creditor 's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer 's tender, the consumer may keep it without further obligation.\n\n( 4 ) The procedures outlined in paragraphs ( d ) ( 2 ) and ( 3 ) of this section may be modified by court order.\n\nIn Addition, We were given false and deceptive information ( Violation of 15 USC 1692e ) as we were told that a down payment of ( {$2500.00} ) was needed to drive off the lot. Pursuant to 15 USC 1605 a finance charge is a sum of all charges.\n\nPursuant to 12 C.F.R. 1026.23a3. Unexpired right of rescission. \n\ni. When the creditor has failed to take the action necessary to start the three-business day rescission period running, the right to rescind automatically lapses on the occurrence of the earliest of the following three events : A. The expiration of three years after consummation of the transaction. \n\nB. Transfer of all the consumer 's interest in the property. \n\nC. Sale of the consumer 's interest in the property, including a transaction in which the consumer sells the dwelling and takes back a purchase money note and mortgage or retains legal title through a device such as an installment sale contract. \n\nii. Transfer of all the consumers ' interest includes such transfers as bequests and gifts. A sale or transfer of the property need not be voluntary to terminate the right to rescind. For example, a foreclosure sale would terminate an unexpired right to rescind. As provided in Section 125 of the Act, the three-year limit may be extended by an administrative proceeding to enforce the provisions of this section. A partial transfer of the consumer 's interest, such as a transfer bestowing co-ownership on a spouse, does not terminate the right of rescission. \n\nOn your Page 2 of the Retail Installment Contract its states : Applicable Law ; Federal law and the law of the State of Florida apply to this Contract. If any provision is not valid, all others stay valid to the extent allowed by applicable law. In the Arbitration Provision section on page 3 of the Retail Installment Contract, section XXXX States : Governing Law ; This Arbitration Provision is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all individual remedies permitted by the substantive law that would apply if the action were pending in court. Section J states : Rules of Interpretation ; This Arbitration Provision survives the repayment of all amounts owed to us, the transfer of the Contract, and any bankruptcy by you, to the extent not inconsistent with applicable bankruptcy law. Except as provided in paragraph ( f ), if any part of this Arbitration Provision is determined to be invalid or unenforceable, this Arbitration Provision and the Contract will remain enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Contract or any other contract between you and us, this Arbitration Provision will govern. However, in the event that you finance ( his purchase with or through us, ( he Arbitration Provision in your Retail Installment Contract is controlling and supersedes the terms of this Arbitration Provision.\n\nPursuant to 17 CFR 240.10b-5 - Employment of manipulative and deceptive devices It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange, ( a ) To employ any device, scheme, or artifice to defraud, ( b ) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or ( c ) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. \n\nIn conclusion, We were NOT given full disclosure as to the nature of the transaction and refuse to have our money and property used to collateralize your investments for your profit and gain to Our detriment. Please supply the proper endorsement for account settlement and clearing rendering reimbursement to XXXX XXXX XXXX, the holder in due course. We are NOT canceling OR terminating the contract. We are deducting our liability to pay on behalf of the obligor, as we have found several violations. Notice the Pursuant to 15 U.S.C. 1635 ( b ) upon receipt of this rescission, we are NOT liable for ANY Finance Charge, security interest, etc, becomes void effective IMMEDIATELY. \n\n\n\n\nDown Payment Reimbursement shall be made by check payable to : XXXX XXXX XXXX, XXXX XXXX [ Beneficiary ] Without Prejudice All Rights Reserved","date_sent_to_company":"2022-11-02T17:55:25.000Z","issue":"Getting a loan or lease","sub_product":"Lease","zip_code":"33578","tags":null,"has_narrative":true,"complaint_id":"6158472","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Exeter Finance, LLC.","date_received":"2022-11-02T17:33:33.000Z","state":"FL","company_public_response":null,"sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["Us consumers neither abandoned, gifted, nor pledged our assets for your benefit and demand and closure and XXXX <em>balancing</em> of our <em>account</em> along with a check for the debt and interest held in escrow in our favor as entitlement holder."]},"sort":[12.600057,"6158472"]},{"_index":"complaint-public-v1","_id":"7446215","_score":12.551674,"_source":{"product":"Student loan","complaint_what_happened":"STUDENT LOAN SECURITIES INVESTIGATION : XX/XX/XXXX Servicer ( XXXX ) : XXXXXXXX XXXX XXXX XXXX : XXXX XXXX XXXX, XXXX, OR XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX XXXX So. XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX : Nelnet : XXXX XXXX XXXX, XXXX, XXXX XXXX Attn : XXXX : XXXX XXXX  XXXX XXXX Representative Account XXXX ; Account XXXX start date on or about XX/XX/XXXX -- -- -- -- -- -- -- - Re : Debt Validation. -- - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - ( A ) I am disputing the alleged debt claim since the XXXX fail to provide the statutory provisions that a note security instrument is deem a debt and not an ( asset, credit, monetary instrument, negotiable instrument, payment order, order paper, check ) deposit cashed legal tender, in addition to unreported Internal Revenue Service taxable event money over {$600.00} transfers and unsubstantiated claim of debt. Nelnet XXXX refused request for debt validation, to provide among other items including receipt records of {$120000.00} dollars extension of credit payment transfers, tax filings or any records showing evidence for where the funds derived, and transfers processed on my behalf. Exhibit A : Notice of Debt ( B ) There is no debt. I have asked via a XX/XX/XXXX, letter to prove- debt owed, as they refuse disclosure receipt records of the funds transferred on my behalf for evidence repayment of a loan they alleged paid on my behalf. Exhibit B : My Notice for Information ( C ) No debt, pursuant to XXXX Article XXXX statutory provisions, The Department of Education has waived their status as a creditor when they accepted my note asset as tender of payment under XXXX XXXX ( a ) & ( b ), they [ cashed the draft/check ] and UCC XXXX ( a XXXX, [ they didnt return it back to me ]. \nPayment error, where the servicer did not properly credit the note deposit and provide a receipt that I made drafts between XXXX XXXX totaling in the amount of {$120000.00}. This payment should have been credited to : Account XXXX and Account XXXX. \nThe note draft/check should have closed out both sides Payable and Receivable ledger, thus a mistake to demand payments, when should be a settlement closure of both accounts. \n\nD ) Other, for lacking good faith /by mistake : They are refusing to validate debt including refusing to provide tax information, tax identification for taxable events over {$600.00}, yet demanding {$120000.00}. \nMeaning mistake or misleading, under threat, duress, coercion, inducement to fraud, deceptive using fictitious use of language fails clear concise terminology saying the words loan, lender, borrower, instead of check/draft act of omission to provide terms disclosure that the note was not a credit extension loan nor that it was converted into a /check/draft. \nThe originator/servicer has erred in not applying the correct accounting entries under XXXX. They by mistake treating the account as a trade receivable through securitization as an off balance sheet financing technique. Since they accepted the note instrument that I have tendered, I have a claim or *possessory* right in the instrument and its proceeds under XXXX of the UCC. Any defense and any claim in recoupment under section XXXX of the UCC, which I shall exercise at my option, if they dont credit my account. The XXXX will identify who the principal the note is from, which capital and interest were taken, and who the recipient or who the payer of the funds are, and who is holding the account in escrow and unadjusted. \nUnder the XXXX XXXX XXXX XXXX, any request for funds must have a valid XXXX number on it, none of their debt funds request has such number on it. \n\n\nTherefore, the servicer is to provide debt validation by answering the following questions under the penalty of perjury and provide the below requested information. \nDisclosure : ( XXXX ) _Provide banking deposit receipt records of {$120000.00} for funds transferred on my behalf, ( XXXX ) _A copy of the accounts receivable and accounts payable to loan for disclosure per Statement XXXX ( XXXX ) _ A copy of the XXXX to every note, processed totaling {$120000.00}, ( XXXX ) _ A copy of XXXX filings, ( XXXX ) _ Provide terms that the note security instrument would fund the education cost, ( XXXX ) _ A copy of POA consent to use XXXX and Social Security account for XXXX XXXX or to use to process taxes on my behalf, ( XXXX ) _ A copy of the consent assignments of the note, ( XXXX ) _A copy of, or provide the name of XXXX loan Originators and NMLS ID, ( XXXX ) _ Provide the name of the creditor that extend credit of {$120000.00} to me, ( XXXX ) _ Provide Creditor XXXX XXXX ID, ( XXXX ) _ Provide the XXXX numbers for XXXX note transactions, XXXX XXXX ) _Provide IRS XXXX required filing for money transactions over {$10000.00}, ( XXXX ) _ A copy of every XXXX XXXX with every note totaling {$120000.00} XXXX ( XXXX ) _ A copy of IRS tax filings for every note, ( XXXX ) _Provide statutory provisions deeming whether a note is an Asset instrument or a Debt instrument, ( XXXX ) _Question : Did the note Asset entry on accounts Payable Ledger settle the debt, XXXX XXXX -- -- - In conclusion, for in the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, he/she is presumed to admit the propriety of the acts mentioned in the letter of his/her correspondent and to adopt them. Clean hands doctrine, I am requesting disclosure records for the note security instrument transactions for {$120000.00} funds transferred including the above tax information, tax identification for said loan for evidence that the note made me a debtor with repay obligation said student loan. -- -- -- -- Since XXXX am solution oriented, and want to show good faith, there are XXXX ways of resolving this matter. Since they already accepted my note tender of payment and not returned it, the servicer to credit my account for the sum said in full for settlement and closure. Or, instruct them to provide a *** cash receipt for the note***, accounts payable and receivable ledger including the above disclosure for evidence of funds/money transferred on my behalf for said loan disbursements which obligate repayment. Otherwise, I will consider this matter settled and closed.","date_sent_to_company":"2023-08-23T21:37:58.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"085XX","tags":null,"has_narrative":true,"complaint_id":"7446215","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-23T20:49:55.000Z","state":"NJ","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":[", payment <em>order</em>, <em>order</em> paper, check ) deposit cashed legal tender, in addition to unreported Internal Revenue Service taxable event money over {$600.00} <em>transfers</em> and unsubstantiated claim of debt."]},"sort":[12.551674,"7446215"]},{"_index":"complaint-public-v1","_id":"7770706","_score":12.476857,"_source":{"product":"Credit card","complaint_what_happened":"Notice to Agents Notice to principal of Synchrony Financial, I approach this matter with clean hands and in good faith, per UCC 308. I am inquiring about two accounts : my Sams Club credit card account ending in XXXX and my Amazon credit card account ending in XXXX. In writing, I request an explanation from Synchrony Financial Corporation regarding the closure of my Amazon credit card and the reduction of my Sams Club account. As a consumer, I assert my right to access credit, as per the Truth in Lending Act ( 15 USC 1602 ). Denying me access to my credit is a form of discrimination, and withholding access to my securities constitutes securities fraud.\n\nI maintain that I possess unlimited credit, and I contend that Synchrony Financial is in violation of the Equal Credit Opportunity Act and the Consumer Protection Act. Since you have closed my Amazon credit card, I request that you retract my application. Additionally, please provide the Generally Accepted Accounting Principles ( GAAP ) information for the contracts. I also seek clarification in writing regarding whether Synchrony loaned or credited me any of their own funds. Furthermore, I request confirmation that we are not subject to the Emergency Banking Act of 1933 ( updated in 1994 ) and the Indentured Trustee Act of 1939. Please provide written notice as to whether I am considered a holder in due course of this contract. Check 3 UCC 302.\n\nI am reporting a billing error, as per 15 USC 1666 and 12 CFR 1026.13. There appears to be a breach of contract by the company mentioned above, which I find morally offensive. Unknowingly, I have allowed Or agreed Unconsciously that, Synchrony Financial Corporation retain my proceeds, interest, and dividend payments. Certificate of indebtedness information was not adequately explained, and Synchrony never disclosed the open-ended nature of the account, potentially violating 15 USC 1611 and criminal liability for providing false information.\n\nI hereby reclaim all my proceeds and security interests due to me. I am aware that all securities are backed by the full faith and credit of the U.S. Government, as per 18 USC 8 ) ( 31 USC 3123 ) When Synchrony Financial extended a small portion of credit to me, it my bill was, in my view, already prepaid.\n\nDuring this billing dispute, I kindly request that my account be zeroed out and credited to its full balance, with extended credit in accordance with 15 US Code 1637 and 12 CFR 1026.13. I also request the reactivation of my Amazon card with the extension of credit, which I have not utilized. The account was just closed without my knowing, I know without doubt i can not be denied credit lawfully as the natural person or beneficiary, according to Equal opportunity act. Denying me my own credit is discrimination of my character, I applied for credit and regardless of the reason being, I have the right to credit, By Synchrony with holding my securities is securities fraud, Synchrony Financial Bank is in violation of the Equal opportunity act and Consumer Protection Act. I am propelled to XXXX XXXX dollars per violation per third-party. \n\nThe findings of misconduct and the perception of unclean hands on Synchronys part have caused me considerable distress, mental frustration, and great hardship. I can not comprehend all of the deceit in this matter. I am deeply offended by these fraudulent actions. As I explained above All debts are pre-paid the U.S government pledged to pay debts in legal tender principles and interests 18 USC-8 ) 31 USC 3123 ) In addition I've paid in the wrong tender and I am also requesting tender of payments according to Discharge and effect of discharge, I have paid in the wrong tender 3 UCC 601 through 604, Return any remaining credit balance remaining in the account for more than six months of payments by cash check or money order or transfer to the account I can provide at a later date.\n\nI am prepared to request an audit of Synchrony Financial Bank, or we can pursue resolution in Arbitration or Federal Courts if this matter is not addressed fairly and promptly. Thank you for your swift response.","date_sent_to_company":"2023-10-28T18:01:54.000Z","issue":"Fees or interest","sub_product":"General-purpose credit card or charge card","zip_code":"367XX","tags":null,"has_narrative":true,"complaint_id":"7770706","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2023-10-28T16:30:08.000Z","state":"AL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Unexpected increase in interest rate"},"highlight":{"complaint_what_happened":["As I explained above All debts are pre-paid the U.S government pledged to pay debts in legal tender principles and interests 18 USC-8 ) 31 USC 3123 ) In addition I've paid in the wrong tender and I am also requesting tender of payments according to Discharge and effect of discharge, I have paid in the wrong tender 3 UCC 601 through 604, Return any remaining 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