{"took":240,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":130,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"7987794","_score":25.364689,"_source":{"product":"Checking or savings account","complaint_what_happened":"I gave value to Huntington Bank in which in return a savings account was opened alongside a checking account. The application is the security that ensure the account. Huntington Bank is still actively using the security for profits. I also deposited my FRN 's into Huntington Bank which is an investment and the interest from those deposits are still earning Huntington Bank profits. Although Hunting Bank closed the account they made no attempt to return the gain from my financial asset. \n1-204. Value.\n\nPrimary tabs Except as otherwise provided in Articles 3, 4, [ and ] 5, [ and 6 ], a person gives value for rights if the person acquires them : ( 1 ) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection ; ( 2 ) as security for, or in total or partial satisfaction of, a preexisting claim ; ( 3 ) by accepting delivery under a preexisting contract for purchase ; or ( 4 ) in return for any consideration sufficient to support a simple contract.\n\n3-303. VALUE AND CONSIDERATION.\n\nPrimary tabs ( 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 ( 5 ) 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.\n\n( 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.\n\n( 9 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article.\n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement.\n\n( 10 ) [ reserved ]","date_sent_to_company":"2023-12-13T04:00:06.000Z","issue":"Closing an account","sub_product":"Savings account","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7987794","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HUNTINGTON NATIONAL BANK, THE","date_received":"2023-12-13T03:45:43.000Z","state":"MI","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["Primary tabs ( a ) An <em>instrument</em> is issued or transferred for value if : ( 1 ) the <em>instrument</em> is issued or transferred for a promise of performance, to the extent the promise has been performed ; ( 2 ) the transferee acquires a <em>security</em> interest or <em>other</em> <em>lien</em> in the <em>instrument</em> <em>other</em> <em>than</em> a <em>lien</em> obtained by judicial proceeding ; ( 3 ) the <em>instrument</em> is issued or transferred as payment of, or as <em>security</em> for, an antecedent claim against any person, whether or not the claim is due ; ( 4 ) the <em>instrument</em>"]},"sort":[25.364689,"7987794"]},{"_index":"complaint-public-v1","_id":"7818179","_score":22.655153,"_source":{"product":"Debt collection","complaint_what_happened":"Planet Home Lending continues to report a debt not owed. Planet Home Lending reports I owe a debt in the amount of {$550000.00} for the contract between me and Planet Home Lending. Tender o payment has been received by Planet Home Lending and accepted under this simple contract between the parties. Planet Home Lending has been notified and my obligation to perform has been met, if Planet Home Lending is refusing the legal tender of payment this debt is AUTOMATICALLY under federal law discharged. \n\nPlanet Home Lending has no right to force performance when they did not actual LOAN anything of value or consideration. Planet Home Lending is a servicer that holds the loan but has no right to collect or actually loaned anything to have rights to my real property. If Planet Home Lending has any records to prove I have a debt with them other than a simple contract I demand to see the official book entry from the bank to see who actually funded this mortgage loan. \n\n3-303. VALUE AND CONSIDERATION.\n\nPrimary tabs ( 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 ( 5 ) 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.\n\n( 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.\n\n3-603. TENDER OF PAYMENT.\n\n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.\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\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.\n\n3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION.\n\nPrimary tabs ( 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.\n\n( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. \n\n( c ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.","date_sent_to_company":"2023-11-08T17:26:20.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"7818179","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PLANET HOME LENDING, LLC","date_received":"2023-11-08T16:59:46.000Z","state":"CA","company_public_response":null,"sub_issue":"Debt was paid"},"highlight":{"complaint_what_happened":["Primary tabs ( a ) An <em>instrument</em> is issued or transferred for value if : ( 1 ) the <em>instrument</em> is issued or transferred for a promise of performance, to the extent the promise has been performed ; ( 2 ) the transferee acquires a <em>security</em> interest or <em>other</em> <em>lien</em> in the <em>instrument</em> <em>other</em> <em>than</em> a <em>lien</em> obtained by judicial proceeding ; ( 3 ) the <em>instrument</em> is issued or transferred as payment of, or as <em>security</em> for, an antecedent claim against any person, whether or not the claim is due ; ( 4 ) the <em>instrument</em>"]},"sort":[22.655153,"7818179"]},{"_index":"complaint-public-v1","_id":"1794876","_score":22.363855,"_source":{"product":"Consumer Loan","complaint_what_happened":"I tendered instrument to satisfy my loan on two occasions verified my USPS mailed and delivered the payment Spoke with HYUNDAI and confirmed they will track my payment and removed repo They refused to send anything in writting They stated it 's against their companies policy to provide \" communication '' via mail. \n\nThis morning someone came onto my private property and stole my vehicle. Left no identification nor did they leave any paperwork. \n\nI called Hyundai and they said I was a debtor and not a creditor. They also stated that they did not receive the payment which was a lie. They said take it up with the post office ... \n\nACCORDING TO THE 9-102. : 3 ) \" Account debtor '' means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. \n\n\n( 28 ) \" Debtor '' means : ( A ) a person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor ; ( B ) a seller of accounts, chattel paper, payment intangibles, or promissory notes ; or ( C ) a consignee.","date_sent_to_company":"2016-02-19T19:17:59.000Z","issue":"Managing the loan or lease","sub_product":"Vehicle lease","zip_code":"07631","tags":null,"has_narrative":true,"complaint_id":"1794876","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HYUNDAI CAPITAL AMERICA","date_received":"2016-02-19T19:17:59.000Z","state":"NJ","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["The term does not include persons obligated to pay a negotiable <em>instrument</em>, even if the <em>instrument</em> constitutes part of chattel paper. \n\n\n( 28 ) \" Debtor '' means : ( A ) a person having an interest, <em>other</em> <em>than</em> a <em>security</em> interest or <em>other</em> <em>lien</em>, in the collateral, whether or not the person is an obligor ; ( B ) a seller of accounts, chattel paper, payment intangibles, or promissory notes ; or ( C ) a consignee."]},"sort":[22.363855,"1794876"]},{"_index":"complaint-public-v1","_id":"2731466","_score":21.210276,"_source":{"product":"Mortgage","complaint_what_happened":"With all due respect my wife always will do the right thing. She has tried to work out several ways to lower or catch up mortgage. We receive letters and demands on the daily bases and also emails from time to time. But what the real issue is regardless of the default is we were not given full disclosure. We should all know that pooling, selling notes which is Securitization and fraud lying to investors and it is no longer a nogoetiable instrument it is a non-nogoetiable that has been turn into a security instrument. Through 21st Mortgage Corporation its agents or agent violated T.C.A. title 47 in Uniform Commerical Code section 3-305 ( a ). 21st Mortgage materially altered a contract without the  consent of XXXX XXXX XXXX or XXXX XXXX committed Fraud in the factum. This is why this transaction is illegal. And thus fraud which induced us both into a contract upon terms and conditions other than agreed upon. The law is expressed as 3-305 and claim recoupment. And as stated in general rule subsection ( b ). This is fraud and lack of legal capacity or illegality of  the transaction WHICH UNDER LAW nullifies the obligation of the obligator. Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms ; ; or the law that Governs this note/bond/mortgage security interest lien is the Statues at Large Public Law 13 38th congress Stat 99-118, the National Currency Act which expressed as prima facie Law under the United States Code Title 12 Banks and Banking, TCA Title 47 Article 3 Negotiable Instruments and Article 8 Investments Securities. We are XXXX XXXX and XXXX XXXX XXXX we are only asserting defense against the validity of the orginal negotiable instrument 'contract ' the alleged promissory note '. And last and foremost the first issue is consideration there has been no loan or consideration in this contract in the amount of {$60000.00}","date_sent_to_company":"2017-11-16T21:41:34.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"38114","tags":null,"has_narrative":true,"complaint_id":"2731466","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"21ST MORTGAGE CORP.","date_received":"2017-11-16T20:39:00.000Z","state":"TN","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Fraud that induced the obligor to sign the <em>instrument</em> with neither knowledge nor reasonable opportunity to learn of its character or its essential terms ; ; or the law that Governs this note/bond/mortgage <em>security</em> interest <em>lien</em> is the Statues at Large Public Law 13 38th congress Stat 99-118, the National Currency Act which expressed as prima facie Law under the United States Code Title 12 Banks and Banking, TCA Title 47 Article 3 Negotiable <em>Instruments</em> and Article 8 Investments <em>Securities</em>."]},"sort":[21.210276,"2731466"]},{"_index":"complaint-public-v1","_id":"9416631","_score":19.149427,"_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":["VALUE AND CONSIDERATION. ( a ) An <em>instrument</em> is issued or transferred for value if : ( 1 ) the <em>instrument</em> is issued or transferred for a promise of performance, to the extent the promise has been performed ; ( 2 ) the transferee acquires a <em>security</em> interest or <em>other</em> <em>lien</em> in the <em>instrument</em> <em>other</em> <em>than</em> a <em>lien</em> obtained by judicial proceeding ; ( 3 ) the <em>instrument</em> is issued or transferred as payment of, or as <em>security</em> for, an antecedent claim against any person, whether or not the claim is due ; ( 4"]},"sort":[19.149427,"9416631"]},{"_index":"complaint-public-v1","_id":"4960126","_score":18.973503,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Called Company to because my vehicle should already be paid in full. Pursiung to my credit contract as the holder of this consumer credit contract, as the debtor I am now asserting my rights ( Title XXXX ). The contract was paid in full at the time of signing with a negotiable instrument ( Contract / Promissory Note ) with my signature. The contract is fraud because there should be no monthly payment due. In 1933, Congress took our ability to pay away with physical money. Banks, dealerships are not supposed to be paid more than once and they were paid after signing in full.\n\nPer 15 USC 1691, I have the right to exercise my right and can not be discriminated against. \n\nOther violations on my contract show as follows ; There is no heading for the method determined the finance charge. There is also supposed to be a form for recission and instead it just shows a return policy. According to 12 CFR 1026.5 The creditor shall make the disclosures required by this subpart clearly and conspicuously. ( ii ).\n\nThere is also supposed to be a notice within the form stating as follows : 16 CFR 433.2 NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\nMoreover, I also mentioned with the representative that 18 US Code 8 States this code gives us the power to use negotiable instruments as payment for a credit sale transaction. Please see as follows : 18 U.S. Code 8 - Obligation or other security of the United States defined. The term obligation or other security of the United States includes all bonds, certificates of indebtedness, XXXX XXXX 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. \n\nI am well aware of my rights and I understand my promissory note was accepted, they now become the holder in due course and are liable for carrying out the order, this includes negotiable instruments. \n\nThe secretary of state proves I do not have a lien holder. \n\nLastly I would like to add the term \" Finance Charge '' does not mean loan. Under regulation Z act, the bank can not loan money and can not loan credit ( Truth Lending Act ).","date_sent_to_company":"2022-01-11T11:30:06.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"94547","tags":null,"has_narrative":true,"complaint_id":"4960126","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2021-11-30T16:06:02.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["Moreover, I also mentioned with the representative that 18 US Code 8 States this code gives us the power to use negotiable <em>instruments</em> as payment for a credit sale transaction. Please see as follows : 18 U.S. Code 8 - Obligation or <em>other</em> <em>security</em> of the United States defined."]},"sort":[18.973503,"4960126"]},{"_index":"complaint-public-v1","_id":"5218173","_score":18.469772,"_source":{"product":"Checking or savings account","complaint_what_happened":"I will be processing Private checks from this day forward marked SPECIAL PROCESSING- CLOSED CHECKS/ELECTRONIC FUNDS TRANSFERS ( EFT ) to identify them as Private NEGOTIABLE DEBT INSTRUMENTS, hereinafter called NDIs and also classified as Non-Cash Accrual Exchange Item per other terms used in the banking industry. \n\n\nSpecial NOTE of Banking Compliance : My SPECIAL PROCESSING CLOSED CHECKS are NOT to be drawn against the Public side of my Individual Checking Bank Account, for to do so could result in a rejection depending on the funds on deposit in the public side of the account and this would be an act of Libel against me ( which would cause to defame and injure my reputation ) and it would also be a Trespass against me. The same is true, if my Private Closed Checks as NDIs are dishonored by your refusing to process them through the EFT System. \nThe Following is My Understanding of how the Banking System as it applies to the processing of Private Exchanges : 1. ) NDIs are to be processed through the Banking Systems to settlement by way of the Banks or Intermediary Treasury Tax and Loan accounts, hereinafter, XXXX XXXX XXXX account, which are administered under the Technical Support Division ( TSD ) of the IRS through Chief of Special Procedure Handling within Federal Reserves System and the Treasury as the Holders of Individual In-Trusted Private Access Accounts. The NDIs that are processed through the XXXX & XXXX account are to be administered by the IRS, thereby insuring all of the required IRS taxing and tracking forms are filed by the processing Securities Intermediaries, the Bank in most cases. \n\n2. ) The Bank is under contract to process and settle all SPECIAL PROCESSING CLOSED CHECKS as an Individual Bank Account Holders Private request within 3 days, with the NDIs being charged against the Banks HOLDING ACCOUNT ( as an Asset Credit to be remitted to the requester/endorser of the instrument ). On the other side of the Banks HOLDING ACCOUNT ledger a Secret Lien is written against the individual Bank Account Holders Private Assets held in the In-Trusted Deposit Private Access Account at the Treasury. But within 15 days the Funds ( Asset Credit ) from the Treasury has to flow through the XXXX XXXX XXXX back to the Banks HOLDING ACCOUNT to Set-Off the Secret Lien. The Bank Fee for the performance of this transaction has been covered by the interest acquired from the bonds that were written by the Bank against the Secret Lien for the 15 day holding period.\n\n3. ) Private Exchanges are Barter Exchange Transaction which requires an IRS form 1099-B to also be filed by the Bank to cover the conversion of the Private Exchange and that there are No Taxes Due by Individual Account Holder as it is a Private Exchange Transaction. No new Public Debt has been or is to be created by this process. \n\n4. ) An Individual Account Holder can transfer funds/credit from his Individual In-Trusted Asset Account held on deposit by the Federal Reserve System and the Treasury and then have those Private Funds/Credits deposited into the public side of his Individual Bank account. The Bank is required to keep the Public and Private Funds/Credits separated within the account so they are not co-mingled for compliance with the IRS taxing requirements. Thereby the Bank can only place Secret Liens against the Public Funds/Credits within an account and not against the Private Funds/Credits, even though they may be just book entries of credit. \n\n5. ) The BANKS ; can not lawfully discriminate and deny the processing service to an American Individuals valid NDIs from an Individual Creator/Holder of a Chartered Bank Account ; on the basis that they are not interested, not setup for it, unfamiliar with the processing of NDIs, or that all NDIs or that all NDIs have to look the same ; for it is the Individual who has that right of determination as to what is to be called a Public/Private NDI, for he is the creator of both instruments. The BANK is licensed by charter and bonded to perform the actions as directed by the Individual Bank Account Holder to process for servicing both Public and Private Commercial transactions. This is also covered under the UCC as the Universal Laws of commercial commerce and the time honored Laws. It is also in compliance with the following Public Laws ; Securities Act of 1933, Securities Exchange Act of 1934 ; Banking Acts of 1933, 1934, and 1935 ; Trust Indenture Act of 1939, the Bankruptcy Act of 1898 and several others, plus all of their revised amendments. \n\nMore detailed instructions may need to be forwarded to the Banks Branch Account Managers, so as to prevent any delays in my future Closed Check Exchange Processes. \n\nIt is my understanding that you are also required under the Clean Hands Doctrine and the Banks Charter to process all instruments properly presented for Exchange, Payment and Settlement through the required banking system in this country. But if the above is not also your understanding, then please contact me so we can resolve the misunderstandings. If there are still any unresolved misunderstandings at the time, I will gladly contact the required Regulatory Compliance Departments to obtain their Opinions and Rulings. \n\nIt is the right of every American Individual to have access to a Lawful credit/money ( Exchange ) system and per the banking charters ; the Banks are required to support this when it is demanded by an American Individual Bank Account Creator/Holder . \n\n\nRefusal is Discharge Can not refuse a valid instrument or make a determination it is not valid UCC 3-603 The mere tender of an instrument for payment IS discharge UCC 3-603 HJR-192 superseded Public Law ( that which passes as law today is only XXXX of law ), replacing it with public policy. This eliminated our ability to PAY our debts, allowing only for their DISCHARGE. When we use any commercial paper ( checks, drafts, warrants, federal reserve notes, etc. ), and accept it as money, we simply pass the unpaid debt attached to the paper on to others, by way of our purchases and transactions. This unpaid debt, under public policy, now carries a public liability for its collection. In other words, all debt is now public. \n\nCriminal Penalties for Violation of Executive Order {$10.00}, 000 fine or 10 years imprisonment, or both, as provided in Section 9 of the order.\n\nSection 9 of the order reads as follows : Whosoever willfully violates any provisions of this Executive Order or of these regulations or of any rule, regulation or license issued thereunder may be fined not more than {$10000.00}, or if a natural person, may be imprisoned for not more than 10 years, or both ; and any officer, director or agency of any corporation who knowingly participates in any such violation may be punished by a like fine, imprisonment, or both. \n\nLAW ESTABLISHING THIS TYPE OF INSTRUMENT : A tender of the proper amount due, even if rejected, extinguishes the XXXX and precludes foreclosure* - See, e.g XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2022-02-14T13:17:57.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"19131","tags":null,"has_narrative":true,"complaint_id":"5218173","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIZENS FINANCIAL GROUP, INC.","date_received":"2022-02-14T13:03:31.000Z","state":"PA","company_public_response":null,"sub_issue":"Banking errors"},"highlight":{"complaint_what_happened":["On the <em>other</em> side of the Banks HOLDING ACCOUNT ledger a Secret <em>Lien</em> is written against the individual Bank Account Holders Private Assets held in the In-Trusted Deposit Private Access Account at the Treasury. But within 15 days the Funds ( Asset Credit ) from the Treasury has to flow through the XXXX XXXX XXXX back to the Banks HOLDING ACCOUNT to Set-Off the Secret <em>Lien</em>."]},"sort":[18.469772,"5218173"]},{"_index":"complaint-public-v1","_id":"10746416","_score":18.13858,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Privacy Act Violations, Inaccurate Reporting, Predatory Lending, and Misrepresentation by XXXX XXXX XXXX and XXXX XXXX XXXX XXXX Summary : I am filing this complaint against XXXX XXXX XXXX and XXXX XXXX XXXX for multiple violations of my consumer rights. These include misrepresentation of contract terms, predatory lending, unfair and deceptive practices, and ongoing unauthorized reporting to credit bureaus despite a paid-off balance on the equitable side. The issues in question involve inflated pricing, undisclosed liens, and an incomplete vehicle history, among other serious concerns : 1. Violation of Privacy Rights and Ignoring Opt-Out Request : Under the Privacy Act, as a federally protected consumer, I formally opted out of all authorized disclosures under PART 1016 - Privacy of Consumer Financial Information ( Regulation P ). Despite my request, XXXX XXXX XXXX has disregarded my opt-out directive by continuing to report transaction history to credit bureaus without my consent, violating 12 CFR 1016.1. \nXXXX XXXX XXXX failed to provide an initial privacy notice per 12 CFR 1016.4, denying me the opportunity to prevent unauthorized disclosures. They have also violated my rights under 12 USC 531 by failing to honor my opt-out notice or provide a clear method to prevent disclosure.\n\n2. Misrepresentation of Contract Terms and Security Interest : XXXX XXXX XXXX has misrepresented the nature of the contract associated with this account. They claimed a security interest in the vehicle without filing a UCC-1 financing statement or establishing a lien to verify their interest. My search of the UCC records revealed no lien on the vehicle, indicating their security interest is unfounded.\n\nI also provided full payment for the vehicle, effectively relinquishing any supposed security interest. This action directly contravenes Indiana Code Title 26, Article 1, XXXX  XXXX, Section 602, which governs the correct handling of such Under Indiana UCC Sections 26-1-3.1-602 and 26-1-3.1-603, a party tendering payment on an instrument has the right to expect that : The account will be credited in full, or If dishonored, the negotiable instrument must be returned to the obligor in its original form. XXXX XXXX failure to meet either of these requirements has caused undue harm by retaining my receivables without crediting my account, in clear violation of these statutory provisions. Additionally, per CFR 433.2 and CFR 444.3, XXXX XXXX handling of this matter raises concerns under federal consumer protection laws concerning unfair or deceptive practices. Specifically, the improper processing of my payment as a check rather than as a negotiable instrument which now results into a billing error 15 usc 1666b. XXXX XXXX XXXX continues to inaccurately report the account status to credit bureaus, violating the Truth in Lending Act ( TILA ) under 15 USC 1681 by failing to accurately report account status and security interests.\n\n3. Predatory Lending and Inflated Pricing : The original bill of sale reveals that XXXXXXXX XXXX XXXX sold this vehicle to me at an inflated price of approximately {$18000.00}, while the market value was closer to {$11000.00}. The vehicle also had accident history and prior liens that were not disclosed at the time of sale, further reducing its value. \nThis excessive pricing, combined with undisclosed defects and liens, constitutes predatory lending practices and a potential violation of TILA. Both XXXX XXXX XXXX and XXXX XXXX XXXX failed to disclose key information that would have impacted my purchase decision, including the true market value of the vehicle and its complete history. \nXXXX. Fraud and Misrepresentation by XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX misrepresented the vehicles value and history, concealing information on prior accidents and liens that affect its resale value and my ownership rights. This failure to disclose critical details constitutes fraud and violates state and federal laws on fair market disclosure. Additionally, my down payment was not fully credited toward the vehicle purchase, raising further questions about their accounting practices and compliance with consumer protection laws. \nXXXX. Violation of Fair Credit Reporting Act ( FCRA ) and Obligations Under TILA and 15 USC 6802 : Under XXXX XXXX XXXX, XXXX XXXX XXXX has an obligation to respect my privacy rights and to provide an opt-out notice before disclosing personal information. They failed to notify me of my rights and continue to report inaccurately to the credit bureaus, violating the Fair Credit Reporting Act ( FCRA ) by misrepresenting my account status. \nFurthermore, they reported a late payment despite the fact that the account was fully paid on the equitable side. Given the lack of a valid security interest or lien, they lack grounds for this reporting, thereby infringing on my rights under both FCRA and TILA.\n\n6. Organized Crime and Racketeering Concerns ( RICO ) : The pattern of conduct by both XXXX XXXX XXXX and XXXX XXXX XXXX, including inflated prices, hidden terms, fraudulent reporting, and disregard for consumer privacy, suggests a potential RICO ( Racketeer Influenced and Corrupt Organizations Act ) violation. This pattern of unfair and deceptive practices potentially points to an organized effort to defraud consumers through a combination of misrepresentation, overcharging, and unauthorized disclosures. \n\nRequested Resolution : I request that the CFPB investigate XXXX XXXX XXXX and XXXX XXXX XXXX  for : Failing to respect my opt-out rights and violating Privacy Act regulations by continuing to disclose my transaction history to credit bureaus. \nViolating TILA by misrepresenting the total cost of financing, inflating the vehicles price well above its market value, and not disclosing the vehicles accident history and prior liens. \nEngaging in predatory lending practices and failing to provide an accurate, complete account history. \nReporting inaccurate information to the credit bureaus, including late payments and an improper security interest claim, in violation of FCRA requirements. \nPossible racketeering practices under RICO by exhibiting a repeated pattern of fraudulent activity, misleading disclosures, and unfair treatment of consumers. \n\nI request that this account be removed from my credit report, or alternatively, corrected to reflect the accurate status of paid in full with no security interest. I also request that XXXX XXXX XXXX honor my opt-out directive and cease all unauthorized disclosures of my personal information. I further request a full investigation into XXXX XXXX XXXX and their predatory practices, which appear to have violated both state and federal consumer protection laws.","date_sent_to_company":"2024-11-10T14:06:58.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"46234","tags":null,"has_narrative":true,"complaint_id":"10746416","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-10T14:06:44.000Z","state":"IN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Specifically, the improper processing of my payment as a check rather <em>than</em> as a negotiable <em>instrument</em> which now results into a billing error 15 usc 1666b. XXXX XXXX XXXX continues to inaccurately report the account status to credit bureaus, violating the Truth in Lending Act ( TILA ) under 15 USC 1681 by failing to accurately report account status and <em>security</em> interests.\n\n3."],"product":["Credit reporting or <em>other</em> personal consumer reports"]},"sort":[18.13858,"10746416"]},{"_index":"complaint-public-v1","_id":"10750133","_score":18.099602,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Privacy Act Violations, Inaccurate Reporting, Predatory Lending, and Misrepresentation by Credit Acceptance Corporation and XXXX XXXX XXXX  Complaint Summary : I am filing this complaint against Credit Acceptance Corporation and XXXX XXXX XXXX  for multiple violations of my consumer rights. These include misrepresentation of contract terms, predatory lending, unfair and deceptive practices, and ongoing unauthorized reporting to credit bureaus despite a paid-off balance on the equitable side. The issues in question involve inflated pricing, undisclosed liens, and an incomplete vehicle history, among other serious concerns : 1. Violation of Privacy Rights and Ignoring Opt-Out Request : Under the Privacy Act, as a federally protected consumer, I formally opted out of all authorized disclosures under PART 1016 - Privacy of Consumer Financial Information ( Regulation P ). Despite my request, Credit Acceptance Corporation has disregarded my opt-out directive by continuing to report transaction history to credit bureaus without my consent, violating 12 CFR 1016.1. Credit Acceptance Corporation failed to provide an initial privacy notice per 12 CFR 1016.4, denying me the opportunity to prevent unauthorized disclosures. They have also violated\nmy rights under 12 USC 531 by failing to honor my opt-out notice or provide a clear method to prevent disclosure.\n\n2. Misrepresentation of Contract Terms and Security Interest : Credit Acceptance Corporation has misrepresented the nature of the contract associated with this account. They claimed a security interest in the vehicle without filing a UCC-1 financing statement or establishing a lien to verify their interest. My search of the UCC records revealed no lien on the vehicle, indicating their security interest is unfounded.\n\nI also provided full payment for the vehicle, effectively relinquishing any supposed security interest. This action directly contravenes Indiana Code Title 26, Article 1, Chapter 3.1, Section 602, which governs the correct handling of such Under Indiana UCC Sections 26-1-3.1-602 and 26-1-3.1-603, a party tendering payment on an instrument has the right to expect that : The account will be credited in full, or If dishonored, the negotiable instrument must be returned to the obligor in its original form. Credit Acceptances failure to meet either of these requirements has caused undue harm by retaining my receivables without crediting my account, in clear violation of these statutory provisions. Additionally, per CFR 433.2 and CFR 444.3, Credit Acceptances handling of this matter raises concerns under federal consumer protection laws concerning unfair or deceptive practices. Specifically, the improper processing of my payment as a check\nrather than as a negotiable instrument which now results into a billing error 15 usc 1666b. Credit Acceptance Corporation continues to inaccurately report the account status to credit bureaus, violating the Truth in Lending Act ( TILA ) under 15 USC 1681 by failing to accurately report account status and security interests. \nXXXX. Predatory Lending and Inflated Pricing : The original bill of sale reveals that XXXXXXXX XXXX XXXX sold this vehicle to me at an inflated price of approximately {$18000.00}, while the market value was closer to {$11000.00}. The vehicle also had accident history and prior liens that were not disclosed at the time of sale, further reducing its value. \nThis excessive pricing, combined with undisclosed defects and liens, constitutes predatory lending practices and a potential violation of TILA. Both Credit Acceptance Corporation and XXXX XXXX XXXX failed to disclose key information that would have impacted my purchase decision, including the true market value of the vehicle and its complete history.\n\n4. Fraud and Misrepresentation by XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  misrepresented the vehicles value and history, concealing information on prior accidents and liens that affect its resale value and my ownership rights. This failure to disclose critical details constitutes fraud and violates state and federal laws on fair market disclosure. Additionally, my down payment was not fully credited toward the vehicle purchase, raising further questions about their accounting practices and compliance with consumer protection laws.\n\n5. Violation of Fair Credit Reporting Act ( FCRA ) and Obligations Under TILA and 15 USC 6802 : Under 15 USC 6802, Credit Acceptance Corporation has an obligation to respect my privacy rights and to provide an opt-out notice before disclosing personal information. They failed to notify me of my rights and continue to report inaccurately to the credit bureaus, violating the Fair Credit Reporting Act ( FCRA ) by misrepresenting my account status. \nFurthermore, they reported a late payment despite the fact that the account was fully paid on the equitable side. Given the lack of a valid security interest or lien, they lack grounds for this reporting, thereby infringing on my rights under both FCRA and TILA.\n\n6. Organized Crime and Racketeering Concerns ( RICO ) : The pattern of conduct by both Credit Acceptance Corporation and XXXX XXXX XXXX, including inflated prices, hidden terms, fraudulent reporting, and disregard for consumer privacy, suggests a potential RICO ( Racketeer Influenced and Corrupt Organizations Act ) violation. This pattern of unfair and deceptive practices potentially points to an organized effort to defraud consumers through a combination of misrepresentation, overcharging, and unauthorized disclosures.\n\nRequested Resolution : I request that the CFPB investigate Credit Acceptance Corporation and XXXX XXXX XXXX for : Failing to respect my opt-out rights and violating Privacy Act regulations by continuing to disclose my transaction history to credit bureaus. \nViolating TILA by misrepresenting the total cost of financing, inflating the vehicles price well above its market value, and not disclosing the vehicles accident history and prior liens. \nEngaging in predatory lending practices and failing to provide an accurate, complete account history. \nReporting inaccurate information to the credit bureaus, including late payments and an improper security interest claim, in violation of FCRA requirements.\n\nPossible racketeering practices under RICO by exhibiting a repeated pattern of fraudulent activity, misleading disclosures, and unfair treatment of consumers. \n\nI request that this account be removed from my credit report, or alternatively, corrected to reflect the accurate status of paid in full with no security interest. I also request that Credit Acceptance Corporation honor my opt-out directive and cease all unauthorized disclosures of my personal information. I further request a full investigation into XXXX XXXX XXXX and their predatory practices, which appear to have violated both state and federal consumer protection laws.","date_sent_to_company":"2024-11-10T14:06:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"46234","tags":null,"has_narrative":true,"complaint_id":"10750133","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CREDIT ACCEPTANCE CORPORATION","date_received":"2024-11-10T13:39:36.000Z","state":"IN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Specifically, the improper processing of my payment as a check\nrather <em>than</em> as a negotiable <em>instrument</em> which now results into a billing error 15 usc 1666b. Credit Acceptance Corporation continues to inaccurately report the account status to credit bureaus, violating the Truth in Lending Act ( TILA ) under 15 USC 1681 by failing to accurately report account status and <em>security</em> interests. \nXXXX."],"product":["Credit reporting or <em>other</em> personal consumer reports"]},"sort":[18.099602,"10750133"]},{"_index":"complaint-public-v1","_id":"2625851","_score":17.775915,"_source":{"product":"Debt collection","complaint_what_happened":"This COMPLAINT is a demand for a cease and desist of continued attempts to collect fictitious debt. Select Portfolio Sservicing Inc.aka ( SPS Inc. ) has FAILED TO COMPLY with a notice to VALIDATE DEBT in accordance with the specific MANDATES as codified at 15 USC 1692. Your company has issued a notice of foreclosure schedule for XX/XX/XXXX and we believe your company intend to serve and publish a sale under power notice on our property where there is no present legal right to do so. Your company is currently in violation of Georgia Residential mortgage fraud statutes. Furthermore, SPS Inc.,  its client, representative, or predecessor, are violating the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605 ( e ), the Fair Debt Collection Practice Act and The Fair Credit Reporting Act. And TILA. SPS. Inc. is operating in intentional defiance of OCGA 16-8-102, 16-8-104, and 16-8-105. SPS. Inc. officers and representative are fully aware that its client, agent or predecessor do not have a lien on our property of any kind, see EXHIBIT-R, and that we hold 100 % legal and equitable interest in our property. If they continue with the foreclosure action, it will constitute strong-arm seizure of property. see Deed of Record at EXHIBIT-F. ( a ) SPS. Inc., during the course of doing business has sent yet another non-judicial foreclosure notice with a sale date XX/XX/XXXXXX/XX/XXXX with ought having a legal or financial interest in our property. and, ( b ) SPS. Inc. have \" RE-AGED '' a time barred charged-off and closed account to justify making the false representation to all three Credit Reporting Agencies that a debt is owed to SPS Inc. by us, when they know that to be untrue. ( c ) SPS. Inc. have slandered of title by publishing more than 12 statement about our property. The statement was untrue and they knew or should have known the statement was untrue. The statement was of a disparaging nature that impair the value of the property in the estimation of others. we have suffered and continue to suffer enormous damages. ( d ) ) SPS. Inc. have devised and implemented an illegal plan to seize property it know is unsecured. It is done by using mortgage documents that are void and you were specifically ordered by consent agreement, state and federal law not to use. ( i.e. unrecorded defective deed and destroyed notes ) This cease and desist demand is based upon a unsecured, charged-off, and closed account that is time barred. Under Georgia Law SPS Inc., its client, representative, or predecessor are subject to the following : 1. O.C.G.A. 16-8-102 Residential mortgage fraud Statute says : A person who \" Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement. misrepresentation, or omission. '' can be subject to damages of {$100000.00}. I. NO DULY FILED, REORDED AND INDEXED DEED i.e., NO LIEN 2.  The security deed associated with XXXX XXXX XXXX  account # XXXX and XXXX referenced above, according to XXXX County GA official property recorde can not be, and was not, \" duly filed, recorded and indexed for the following legal reasons : OCGA 44-2-21 Attestation Requirements - Mortgages and Deeds to Secure Debt The notary public serves as the official witness and must be one of the parties described under OCGA 44-2-21. \" The unofficial witness may be any competent adult except a party to the deed or the notary public. '' A. The security deed resulting from an XX/XX/XXXX  closing cited in paragraph 2 above with account number XXXX was, on or after closing, and at some point before recording, XXXX XXXX XXXX XXXX agent and representative XXXX XXXX, altered the security deed and the waver of borrowers rights, a fatel violation of Georgia statute in that he signing both documents under seal as the UNOFFICIAL witness. See Proof at EXHIBIT-A1 & A2 signature on last page of security deed and waver of borrows rights. ( then see EXHIBIT-A3 the signature of XXXX XXXX on various closing documents ) B. The \" security deed '' and \" the waver of borrowers rights '' are classified as contracts under seal, and under Georgia law In order to admit a mortgage to record and perfect a lien, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a security deed must also be attested or acknowledged by one additional unofficial witness. C. XXXX XXXX, as agent and representative for its principal, XXXX XXXX XXXX, a party to the transaction, was prohibited by O.C.G.A. 44-2-21 and 44-14-33 from signing as the official witness, unofficial witness, Notary or officer on the security deed. which is why XXXX County official property records by title search reports that no secured lien is held by anyone against our property. See ; The Supreme Court of Georgia Rules On Mortgage Attestation Question ; \" An unattested or partially attested deed, even if recorded, can not provide constructive notice because it can not be \" duly filed, recorded and indexed ''. also see \" OCGA 44-14-39, which provides that [ a ] mortgage which is recorded... without due attestation.. .shall not be held to be notice to subsequent bona fide purchasers. Therefore, The security deed associated with XXXX XXXX XXXX account # XXXX and SPS Inc. account # XXXX referenced above was not and can not be \" duly filed, recorded and indexed. Thus void as a matter of law. II. FAILURE TO TIMLY RECORD ASSIGNMENT Pursuant to OCGA 44-2-6. Recording bond for title, contracts, transfers, and assignments ; priority as to subsequent deeds taken without notice from same vendor. 3. Whereas, XXXX XXXX XXXX XXXXXXXX sold the Promissory NOTE associated with account number XXXX on XX/XX/XXXX ( day of closing ) to XXXX XXXX XXXX XXXX. See ( EXHIBIT-E1, & E1a, Notes and see EXHIBIT E-2 allonge ( s ) - see date of 1st endorsement -- at that point XXXX owned the note. ) ) A. Although XXXX XXXX XXXX XXXXXXXX closed the loan transaction and sold the note on XXXX XXXX, XXXX XXXX XXXX XXXX never made or recorded an assignment until ( 6 ) years later on XX/XX/XXXX. See EXHIBIT-E3 ( assignment of security deed ) B. If the Promissory Note is separated from the Security Instrument, the debt is UNSECURED. For the \" secured '' status to be maintained, the Promissory Note and the security instrument ( Deed to Secure Debt ) must never be separated. C. If the Promissory Note was sold to other entities, the Note must be endorsed AND an Assignment of Deed to Secure Debt ( for each sale of Note ) must occur simultaneously for the Creditor to remain SECURED. D. Pursuant to OCGA 44-2-6 \" Every bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any and all transfers or assignments of realty shall be filed and recorded in the office of the clerk of the superior court of the county where the land referred to in the instrument is located. The filing and recording shall, from the date of filing, be notice of the interest and equity of the holder of the instrument in the property described therein. The filing and recording may be made at any time ; but such bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any transfer or assignment of realty shall lose its priority over deeds, loan deeds, mortgages, bonds for titles, bonds to reconvey realty, contracts to sell or convey realty or any interest therein and any transfer or assignment of realty from the same vendor, obligor, transferor, or assignor which is executed subsequently but filed for record first and is taken without notice of the former instrument. '' note that in this case the promissory note was sold but no assignment was made and recorded for 6 years. E. Even if the security deed had been signed and attested to correctly, the fact still remains that XXXX XXXXXXXX XXXX XXXXXXXX failed to perfect a lien where they failed to timely record a assignment Pursuant to OCGA 44-2-6. See EXHIBIT- E-3, ( the last and only assignment ). 4. Meanwhile, XXXX XXXX XXXX, on XX/XX/XXXX on behalf of the borrowers ' executed a deed to secure debt subsequent to XXXX XXXX XXXX 's defective deed, and XXXX in fact filed and recorded first in XXXX County property records a Deed to Secure Debt at deed book XXXX, page 560, Document # XXXX, of the official records, in the office of the Clerk of Superior Court of XXXX County, Georgia. Thus, at the time of cancellation it was the current DEED OF RECORD. A. Whereas, onXX/XX/XXXX XXXX XXXX XXXX caused to be recorded in XXXX County property records a cancellation of the DEED OF RECORD at deed book XXXX. Page 560 and Document # XXXX. See EXHIBIT-F ( lien release and Cancellation of the Deed of Record ) Wherefore, the cancelled DEED OF RECORD bearing the name XXXX XXXX XXXX and XXXX XXXX XXXX, Pursuant to OCGA 44-2-6 is recognized under law as the legal holders of that parcel of property by way of 100 % legal and equitable interest therein with no other perfected liens currently attached thereto.","date_sent_to_company":"2017-08-18T18:56:46.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"I do not know","zip_code":"30349","tags":"Older American","has_narrative":true,"complaint_id":"2625851","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2017-08-18T18:25:36.000Z","state":"GA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["See EXHIBIT-E3 ( assignment of <em>security</em> deed ) B. If the Promissory Note is separated from the <em>Security</em> <em>Instrument</em>, the debt is UNSECURED. For the \" secured '' status to be maintained, the Promissory Note and the <em>security</em> <em>instrument</em> ( Deed to Secure Debt ) must never be separated. C. If the Promissory Note was sold to <em>other</em> entities, the Note must be endorsed AND an Assignment of Deed to Secure Debt ( for each sale of Note ) must occur simultaneously for the Creditor to remain SECURED. D."]},"sort":[17.775915,"2625851"]},{"_index":"complaint-public-v1","_id":"7371479","_score":17.447777,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"This complaint is to serve as violations to the consumer protections laws, uniform commercial code, the Fair Debt Collection Practice Act ( FDCPA ), and New York State Laws which governs and regulates your industry. The violations will be outlined below. \n\nYou are reporting and attempting to collect an alleged debt in the amount of {$11000.00} deficiency balance. Please be advised that I dispute the legal validity of the alleged deficiency balance. Verification of the alleged debt is requested, specifically, a copy of all signed contracts with the original creditor Ford Motor Credit Co. and all legal notices sent on this alleged account. You are attempting to collect a deficiency balance that I am not obligated to. Specifically, you have not provided me with the required notices. No explanation of calculation activity, including all credit reporting. I Promptly request deletion of all my credit reporting to credit reporting agencies. Write or email me once to confirm your compliance with my demand within 14 days. This letter is a complaint to the Consumer Financial Protection Bureau ( CFPB ). The ( CFPB ) is authorized to investigate this issue and receive any related information. If fail to comply with this letter, I will turn the matter over to a consumer attorney and sue for statutory damages as defined under the Fair Debt Collection Practice Act ( FDCPA ), which governs your industry. \n\nIn addition to whats requested above of you, please provide me with the following as required under New York Sate Vehicle Repossession Laws within the twenty-four ( XXXX ) - seventy-two ( XXXX ) hours of the repossession under New York Personal Property Article 9 Pers Prop L 316 ( 2018 ) Redemption Notice under the New York Sate Personal Property Article 9 - Motor Vehicle Retail Instalment Sales Act A copy of the Redemption Notice ( delivered certified mail time stamped and/or proof of hand delivery to my last known address time stamped date required ) The redemption notice should include proof of the intended location of sale, intended date of sale, and the intended time of sale. \nThe redemption notice must also include, what the vehicle actually sold for ( proof that the vehicle was sold at average market value ) as required by New York State Law Secondly in accordance to New York State Law N.Y. Lien Law 201 Law Chapter 276 Section 201, you were required to send the following correspondence either by certified mail, return receipt requested, and by first-class mail the following information directly preceding the sale of such property net exceeding twenty-four ( 24 ) hours post sale. \n\nDeficiency Notice ( XXXX Sale Notice ) 1.The nature of the debt or the agreement under which the lien arose , with an itemized statement of the claim and the time when due ; 2. A brief description of the personal property against which the lien exists ; 3. The estimated value of such property ; 4. The amount of such lien, at the date of notice 5. How much the vehicle was sold for ( proof that the vehicle was sold at average market value ) as required by New York State Law6. How much is stilled owed ( if any amount at all ) minus the difference from the sale Cancelation Notice Proof date stamped date as per the United States Post Office certified mail, return receipt requested, and by first-class mail of the original contract with the original lender Ford Motor Credit Co. is null & void . \n\nFurthermore, as per New York State Vehicle & Traf. Law 425 Law Chapter 276 Section 425 - Repossession of motor vehicle or motorcycle ; garageman 's lien ; notice to police.\n\nImmediately following such repossession or retaking, personally appear at the station house or other office of the police department, or agency or office performing like functions, in the locality wherein such repossession or retaking occurred, give notice to such department.\n\nWithin twenty-four ( 24 ) hours of the tenth day after such repossession or retaking personally deliver or mail by first class mail to the nearest motor vehicle office of the state or county acting as an agent of the commissioner pursuant to section two hundred five of this chapter, ( a ) notice of such repossession or retaking in such form as the commissioner may require and ( b ) the number plates of such motor vehicle or motorcycle. Notice of such repossession or retaking, including the name and address of the person, firm or corporation repossessing or retaking the same, shall also be given with twenty- four ( 24 ) hours thereof to the owner of such motor vehicle or motorcycle, either personally or by registers or certified mailing properly endorsed by the postal service to be obtained, directed to such owner at his or her last-known address.\n\nProvide the following documentation with time proof stamped as per the United Sates Postal Service. Or if delivered personally strict documentation that can not be altered is required Name of the repossession company provided to the motor vehicle district office within the twenty- four ( 24 ) hours of the tenth day after repossession Address of repossession company provided to the motor vehicle district office within the twenty- four ( 24 ) hours of the tenth day after repossession What police station house did you go to to report the vehicle repossession?, to whom did you inform of the vehicle repossession ( name of police office and badge number ), on what day did you report the repossession to the police station? At what time?\n\nOver and above all that Since the lender is not allowed to keep personal property in the repossessed vehicle, where were my personal property left in the vehicle at the time of the repossession? What attempts did you make as the lender to return the personal property? Please provided documented proof with time stamped date by United States Postal Service by certified mail return receipt.\n\n9-102. DEFINITIONS AND INDEX OF DEFINITIONS.\n\n( a ) [ Article 9 definitions. ] In this article : ( 1 ) \" Accession '' means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.\n\n( 2 ) \" 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, or ( viii ) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State. The term includes health-care-insurance receivables. The term does not include ( i ) rights to payment evidenced by chattel paper or an instrument, ( ii ) commercial tort claims, ( iii ) deposit accounts, ( iv ) investment property, ( v ) letter-of-credit rights or letters of credit, or ( vi ) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.\n\n( 3 ) \" Account debtor '' means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.\n\n( 4 ) \" Accounting '', except as used in \" accounting for '', means a record : ( A ) authenticated by a secured party ; ( B ) indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record ; and ( C ) identifying the components of the obligations in reasonable detail.\n\n( 5 ) \" Agricultural lien '' means an interest in farm products : ( A ) which secures payment or performance of an obligation for : ( i ) goods or services furnished in connection with a debtor 's farming operation ; or ( ii ) rent on real property leased by a debtor in connection with its farming operation ; ( B ) which is created by statute in favor of a person that : ( i ) in the ordinary course of its business furnished goods or services to a debtor in connection with a debtor 's farming operation ; or ( ii ) leased real property to a debtor in connection with the debtor 's farming operation ; and ( C ) whose effectiveness does not depend on the person 's possession of the personal property.\n\n( 6 ) \" As-extracted collateral '' means : ( A ) oil, gas, or other minerals that are subject to a security interest that : ( i ) is created by a debtor having an interest in the minerals before extraction ; and ( ii ) attaches to the minerals as extracted ; or ( B ) accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction.\n\n( 7 ) \" Authenticate '' means : ( A ) to sign; or ( B ) with present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol, or process.\n\n( 8 ) \" Bank '' means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.\n\n( 9 ) \" Cash proceeds '' means proceeds that are money, checks, deposit accounts, or the like.\n\n( 10 ) \" Certificate of title '' means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest 's obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the collateral.\n\n( 11 ) \" Chattel paper '' means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. In this paragraph, \" monetary obligation '' means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include ( i ) charters or other contracts involving the use or hire of a vessel or ( ii ) records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.\n\n( 12 ) \" Collateral '' means the property subject to a security interest or agricultural lien. The term includes : ( A ) proceeds to which a security interest attaches ; ( B ) accounts, chattel paper, payment intangibles, and promissory notes that have been sold ; and ( C ) goods that are the subject of a consignment.\n\n( 13 ) \" Commercial tort claim '' means a claim arising in tort with respect to which : ( A ) the claimant is an organization; or ( B ) the claimant is an individual and the claim : ( i ) arose in the course of the claimant 's business or profession; and ( ii ) does not include damages arising out of personal injury to or the death of an individual.\n\n( 14 ) \" Commodity account '' means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.\n\n( 15 ) \" Commodity contract '' means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is : ( A ) traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or ( B ) traded on a foreign commodity board of trade, exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer.\n\n( 16 ) \" Commodity customer '' means a person for which a commodity intermediary carries a commodity contract on its books.\n\n( 17 ) \" Commodity intermediary '' means a person that : ( A ) is registered as a futures commission merchant under federal commodities law ; or ( B ) in the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.\n\n( 18 ) \" Communicate '' means : ( A ) to send a written or other tangible record ; ( B ) to transmit a record by any means agreed upon by the persons sending and receiving the record ; or ( C ) in the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.\n\n( 19 ) \" Consignee '' means a merchant to which goods are delivered in a consignment.\n\n( 20 ) \" Consignment '' means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and : ( A ) the merchant : ( i ) deals in goods of that kind under a name other than the name of the person making delivery ; ( ii ) is not an auctioneer ; and ( iii ) is not generally known by its creditors to be substantially engaged in selling the goods of others ; ( B ) with respect to each delivery, the aggregate value of the goods is {$1000.00} or more at the time of delivery ; ( C ) the goods are not consumer goods immediately before delivery ; and ( D ) the transaction does not create a security interest that secures an obligation.\n\n( 21 ) \" Consignor '' means a person that delivers goods to a consignee in a consignment.\n\n( 22 ) \" Consumer debtor '' means a debtor in a consumer transaction.\n\n( 23 ) \" Consumer goods '' means goods that are used or bought for use primarily for personal, family, or household purposes.\n\n( 24 ) \" Consumer-goods transaction '' means a consumer transaction in which : ( A ) an individual incurs an obligation primarily for personal, family, or household purposes; and ( B ) a security interest in consumer goods secures the obligation.\n\n( 25 ) \" Consumer obligor '' means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.\n\n( 26 ) \" Consumer transaction '' means a transaction in which ( i ) an individual incurs an obligation primarily for personal, family, or household purposes, ( ii ) a security interest secures the obligation, and ( iii ) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.\n\n( 27 ) \" Continuation statement '' means an amendment of a financing statement which : ( A ) identifies, by its file number, the initial financing statement to which it relates; and ( B ) indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.\n\n( 28 ) \" Debtor '' means : ( A ) a person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor ; ( B ) a seller of accounts, chattel paper, payment intangibles, or promissory notes ; or ( C ) a consignee.\n\n( 29 ) \" Deposit account '' means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.\n\n( 30 ) \" Document '' means a document of title or a receipt of the type described in Section 7-201 ( 2 ).\n\n( 31 ) \" Electronic chattel paper '' means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.\n\n( 32 ) \" Encumbrance '' means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.\n\n( 33 ) \" Equipment '' means goods other than inventory, farm products, or consumer goods.\n\n( 34 ) \" Farm products '' means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are : ( A ) crops grown, growing, or to be grown, including : ( i ) crops produced on trees, vines, and bushes ; and ( ii ) aquatic goods produced in aquacultural operations ; ( B ) livestock, born or unborn, including aquatic goods produced in aquacultural operations ; ( C ) supplies used or produced in a farming operation ; or ( D ) products of crops or livestock in their unmanufactured states.\n\n( 35 ) \" Farming operation '' means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.\n\n( 36 ) \" File number '' means the number assigned to an initial financing statement pursuant to Section 9-519 ( a ).\n\n( 37 ) \" Filing office '' means an office designated in Section 9-501 as the place to file a financing statement.\n\n( 38 ) \" Filing-office rule '' means a rule adopted pursuant to Section 9-526.\n\n( 39 ) \" Financing statement '' means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.\n\n( 40 ) \" Fixture filing '' means the filing of a financing statement covering goods that are or are to become fixtures and satisfying Section 9-502 ( a ) and ( b ). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.\n\n( 41 ) \" Fixtures '' means goods that have become so related to particular real property that an interest in them arises under real property law.\n\n( 42 ) \" General intangible '' means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.\n\n( 43 ) \" Good faith '' means honesty in fact and the observance of reasonable commercial standards of fair dealing.\n\n( 44 ) \" Goods '' means all things that are movable when a security interest attaches. The term includes ( i ) fixtures, ( ii ) standing timber that is to be cut and removed under a conveyance or contract for sale, ( iii ) the unborn young of animals, ( iv ) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and ( v ) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if ( i ) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or ( ii ) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.\n\n( 45 ) \" Governmental unit '' means a subdivision, agency, department , county, parish, municipality, or other unit of the government of the United States, a State, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.\n\n( 46 ) \" Health-care-insurance receivable '' means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.\n\n( 47 ) \" Instrument '' means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include ( i ) investment property, ( ii ) letters of credit, or ( iii ) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.\n\n( 48 ) \" Inventory '' means goods, other than farm products, which : ( A ) are leased by a person as lessor ; ( B ) are held by a person for sale or lease or to be furnished under a contract of service; ( C ) are furnished by a person under a contract of service; or ( D ) consist of raw materials, work in process, or materials used or consumed in a business.\n\n( 49 ) \" Investment property '' means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.\n\n( 50 ) \" Jurisdiction of organization '', with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.\n\n( 51 ) \" Letter-of-credit right '' means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.\n\n( 52 ) \" Lien creditor '' means : ( A ) a creditor that has acquired a lien on the property involved by attachment, levy, or the like ; ( B ) an assignee for benefit of creditors from the time of assignment ; ( C ) a trustee in bankruptcy from the date of the filing of the petition ; or ( D ) a receiver in equity from the time of appointment.\n\n( 53 ) \" Manufactured home '' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.\n\n( 54 ) \" Manufactured-home transaction '' means a secured transaction : ( A ) that creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory ; or ( B ) in which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.\n\n( 55 ) \" Mortgage '' means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation.\n\n( 56 ) \" New debtor '' means a person that becomes bound as debtor under Section 9-203 ( d ) by a security agreement previously entered into by another person.\n\n( 57 ) \" New value '' means ( i ) money, ( ii ) money 's worth in property, services, or new credit, or ( iii ) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.\n\n( 58 ) \" Noncash proceeds '' means proceeds other than cash proceeds.\n\n( 59 ) \" Obligor '' means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, ( i ) owes payment or other performance of the obligation, ( ii ) has provided property other than the collateral to secure payment or other performance of the obligation, or ( iii ) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.\n\n( 60 ) \" Original debtor '', except as used in Section 9-310 ( c ), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under Section 9-203 ( d ).\n\n( 61 ) \" Payment intangible '' means a general intangible under which the account debtor 's principal obligation is a monetary obligation.\n\n( 62 ) \" Person related to '', with respect to an individual, means : ( A ) the spouse of the individual ; ( B ) a brother, brother-in-law, sister, or sister-in-law of the individual ; ( C ) an ancestor or lineal descendant of the individual or the individual 's spouse ; or ( D ) any other relative, by blood or marriage, of the individual or the individual 's spouse who shares the same home with the individual.\n\n( 63 ) \" Person related to '', with respect to an organization, means : ( A ) a person directly or indirectly controlling, controlled by, or under common control with the organization ; ( B ) an officer or director of, or a person performing similar functions with respect to, the organization ; ( C ) an officer or director of, or a person performing similar functions with respect to, a person described in subparagraph ( A ) ; ( D ) the spouse of an individual described in subparagraph ( A ), ( B ), or ( C ) ; or ( E ) an individual who is related by blood or marriage to an individual described in subparagraph ( A ), ( B ), ( C ), or ( D ) and shares the same home with the individual.\n\n( 64 ) \" Proceeds '', except as used in Section 9-609 ( b ), means the following property : ( A ) whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral ; ( B ) whatever is collected on, or distributed on account of, collateral; ( C ) rights arising out of collateral ; ( D ) to the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral ; or ( E ) to the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.\n\n( 65 ) \" Promissory note '' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.\n\n( 66 ) \" Proposal '' means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to Sections 9-620, 9-621, and 9-622.\n\n( 67 ) \" Public-finance transaction '' means a secured transaction in connection with which : ( A ) debt securities are issued ; ( B ) all or a portion of the securities issued have an initial stated maturity of at least 20 years ; and ( C ) the debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a State or a governmental unit of a State.\n\n( 68 ) \" Public organic record '' means a record that is available to the public for inspection and is : ( A ) a record consisting of the record initially filed with or issued by a State or the United States to form or organize an organization and any record filed with or issued by the State or the United States which amends or restates the initial record ; ( B ) an organic record of a business trust consisting of the record initially filed with a State and any record filed with the State which amends or restates the initial record, if a statute of the State governing business trusts requires that the record be filed with the State ; or ( C ) a record consisting of legislation enacted by the legislature of a State or the Congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the State or the United States which amends or restates the name of the organization.\n\n( 69 ) \" Pursuant to commitment '', with respect to an advance made or other value given by a secured party, means pursuant to the secured party 's obligation, whether or not a subsequent event of default or other event not within the secured party 's control has relieved or may relieve the secured party from its obligation.\n\n( 70 ) \" Record '', except as used in \" for record '', \" of record '', \" record or legal title '', and \" record owner '', means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.\n\n( 71 ) \" Registered organization '' means an organization organized solely under the law of a single State or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the State or the United States. The term includes a business trust that is formed or organized under the law of a single State if a statute of the State governing business trusts requires that the business trusts organic record be filed with the State.\n\n( 72 ) \" Secondary obligor '' means an obligor to the extent that : ( A ) the obligor 's obligation is secondary; or ( B ) the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either.\n\n( 73 ) \" Secured party '' means : ( A ) a person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding ; ( B ) a person that holds an agricultural lien ; ( C ) a consignor ; ( D ) a person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold ; ( E ) a trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for ; or ( F ) a person that holds a security interest arising under Section 2-401, 2-505, 2-711 ( 3 ), 2A-508 ( 5 ), 4-210, or 5-118.\n\n( 74 ) \" Security agreement '' means an agreement that creates or provides for a security interest.\n\n( 75 ) \" Send '', in connection with a record or notification, means : ( A ) to deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances ; or ( B ) to cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph ( A ).\n\n( 76 ) \" Software '' means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.\n\n( 77 ) \" State '' means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\n( 78 ) \" Supporting obligation '' means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.\n\n( 79 ) \" Tangible chattel paper '' means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.\n\n( 80 ) \" Termination statement '' means an amendment of a financing statement which : ( A ) identifies, by its file number, the initial financing statement to which it relates; and ( B ) indicates either that it is a termination statement or that the identified financing statement is no longer effective.\n\n( 81 ) \" Transmitting utility '' means a person prim","date_sent_to_company":"2023-08-08T09:12:56.000Z","issue":"Incorrect information on your report","sub_product":"Lease","zip_code":"11226","tags":null,"has_narrative":true,"complaint_id":"7371479","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FORD MOTOR CREDIT CO.","date_received":"2023-08-08T08:55:29.000Z","state":"NY","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["( 32 ) \" Encumbrance '' means a right, <em>other</em> <em>than</em> an ownership interest, in real property. The term includes mortgages and <em>other</em> <em>liens</em> on real property.\n\n( 33 ) \" Equipment '' means goods <em>other</em> <em>than</em> inventory, farm products, or consumer goods."]},"sort":[17.447777,"7371479"]},{"_index":"complaint-public-v1","_id":"11447529","_score":17.197115,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Complaint Regarding Ally Financials Furnishing of Information to Consumer Reporting Agencies in Violation of UCC 3-203 ; 1681i ( a ) ( 5 ) ( A ) : CRAs must promptly delete or modify inaccurate or unverifiable information. \n\nComplaint Description : This complaint is being filed against Experian, XXXX, XXXX and XXXX XXXX for unlawfully reporting information regarding accounts ending Acct # XXXX and Acct # XXXX. XXXX XXXX continued furnishing of this information constitutes a clear violation of consumer protection laws and Uniform Commercial Code ( UCC ) 3-203, resulting in irreparable harm to my creditworthiness and reputation. The consumer reporting agencies Experian, XXXX, and XXXX must report accurate information 15 U.S.C. 1681e ( b ) - Accuracy of Reports- Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S.C. 1681i - Dispute Procedures - This section requires CRAs to investigate disputes made by consumers regarding inaccurate or incomplete information in their credit files. If inaccuracies are found, the CRA must correct or delete the information promptly. \n\n\n\nLegal Basis for Complaint : UCC 3-203 UCC 3-203 governs the transfer of an instrument and establishes that any transfer, whether or not it constitutes a negotiation, vests the transferee with only those rights of the transferor to enforce the instrument. If the transferor has relinquished or lost its rights to enforce the instrument, the transferee can not acquire greater rights than the transferor. \n\nMoreover, UCC 3-203 ( c ) specifies that a 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, unless otherwise agreed. If an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, this further invalidates the transferees rights. \n\nThese provisions render XXXX XXXX claims of standing or enforcement rights legally void. XXXX XXXX actions to report this information violate both federal consumer protection laws and the principles of UCC 3-203.\n\nHow XXXX XXXX Violated UCC 3-203 : Upon examination of the accounts referenced above and through a forensic audit, the following facts demonstrate that XXXX XXXX lacks any enforceable right to furnish or report information to consumer reporting agencies : XXXX XXXX  Assigned and Transferred the Original Instrument : XXXX XXXX  securitized and transferred the underlying promissory note associated with the accounts to a securitization trust as part of a structured finance transaction. This transfer included the sale and assignment of rights to enforce the instrument. \nUnder UCC 3-203, XXXX XXXX transfer of the instrument divested it of any rights to enforce or claim an interest in the underlying obligation. \nXXXX XXXX Can not Acquire Rights of a Holder in Due Course : Pursuant to UCC 3-203 ( c ), XXXX XXXX can not claim rights as a holder in due course because of its involvement in improper handling, transfer, or failure to indorse the instrument. Additionally, fraud or illegality in the securitization process affecting the instrument renders XXXX claims invalid. \nFailure to Perfect a Security Interest : As per UCC 9-203, XXXX XXXX failed to perfect a security interest in the collateral associated with the accounts, nor did it retain standing to assert rights over the instrument. Without a perfected lien, XXXX XXXX can not claim ownership or enforcement rights. \nReporting to Consumer Reporting Agencies Is Unauthorized : By transferring the note and losing its rights under UCC 3-203, XXXX XXXX no longer has any legal or equitable standing to furnish information regarding these accounts to consumer reporting agencies. Reporting these accounts constitutes false and misleading information, violating the Fair Credit Reporting Act ( FCRA ) and 15 U.S.C. 1681s-2, which requires furnishers to ensure accuracy and legality in the information they report. \nFailure to Respond to Negotiable Instrument Submission : XXXX XXXX has previously failed to process or formally reject a negotiable instrument submitted in accordance with UCC 3-311, further demonstrating its lack of legal standing and bad faith in handling these accounts. \nRelief Requested : I respectfully request that the CFPB compel XXXX XXXXl and the XXXX consumer reporting agencies ( XXXX, Experian, and XXXX ) to immediately : Cease Reporting the Accounts : XXXX XXXX must delete all reporting related to Acct # XXXX and Acct # XXXX from my consumer reports, as it lacks the legal authority to furnish such information under UCC 3-203 and UCC 3-203 ( c ). \n\nProvide Proof of Standing : If XXXX XXXX claims the right to enforce or report on these accounts, it must submit clear and verifiable evidence demonstrating : Proof of ownership or valid assignment of the instrument. \nCompliance with UCC 9-203 regarding lien perfection XXXX \nLegal authority to report these accounts after transferring the underlying instrument. \nInvestigate and Remove Inaccuracies : The CFPB should require all consumer reporting agencies to investigate the accuracy of the information provided by XXXX XXXX. If XXXX fails to provide verifiable proof of its standing, the accounts must be deleted as unsubstantiated and inaccurate under the FCRA. \n\nProvide a Written Explanation : XXXX XXXX should be required to provide a detailed explanation for its continued reporting of these accounts despite its lack of standing under UCC 3-203 ( c ) and other applicable laws. \n\nConclusion : XXXX XXXX continued reporting of these accounts to consumer reporting agencies is unlawful under UCC 3-203 ( c ) and violates federal consumer protection laws, including the FCRA. By transferring the note, XXXX XXXX relinquished its rights to enforce or report the obligation, making its furnishing of this information unauthorized and harmful. I request the CFPBs intervention to address this matter promptly and ensure compliance with applicable laws.","date_sent_to_company":"2025-01-09T05:06:19.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"90746","tags":null,"has_narrative":true,"complaint_id":"11447529","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-01-09T04:20:50.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Additionally, fraud or illegality in the securitization process affecting the <em>instrument</em> renders XXXX claims invalid. \nFailure to Perfect a <em>Security</em> Interest : As per UCC 9-203, XXXX XXXX failed to perfect a <em>security</em> interest in the collateral associated with the accounts, nor did it retain standing to assert rights over the <em>instrument</em>. Without a perfected <em>lien</em>, XXXX XXXX can not claim ownership or enforcement rights."],"product":["Credit reporting or <em>other</em> personal consumer reports"]},"sort":[17.197115,"11447529"]},{"_index":"complaint-public-v1","_id":"2696430","_score":16.683088,"_source":{"product":"Debt collection","complaint_what_happened":"Received letter from XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW on or about XXXX XXXX, XXXX that they represent WELLS FARGO BANK XXXX, the mortgage servicer for WELLS FARGO BANK XXXX. who is the XXXX of the Note and Deed of Trust associated with the above referenced loan. They went on to say that they were authorized to represent the Mortgagee by virtue of a servicing agreement with the Mortgagee. \n\nXXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, LXXXX ATTORNEYS AND COUNSELORS AT LAW are attempting to collect a debt as well as foreclose on our property even though they have evidence that I provided to them that WELLS FARGO BANK XXXX. does not own the Note nor Deed of XXXX. It was sold to XXXX XXXX on or about XXXX XXXX XXXX. The Deed of XXXX became void when WELLS FARGO BANK XXXX. sold the note to XXXX XXXX on or about XXXX XXXX, XXXX according to the Deed of XXXX. \n\nWhen we executed the Deed of Trust, we created a statutory Trust governed by trust law as contained in Title 9 Subtitle B CHAPTER 112 of Texas Property Code.. We named the Lender, WELLS FARGO BANK, XXXX. as the Beneficiary of the Trust, and XXXX XXXX XXXX as the Trustee. Via the Deed we granted and conveyed a $ XXXX interest in our homes property to the Trustee- which became the Res of the Trust. The purpose for the Trust was stated : To secure to the Lender the repayment of the loan, [ plus other things benefiting the Lender ] In the Trust indenture- contained within the Deed of Trust, we did not make any provision that another person or company could assume the position of being the Lender under Deed, could act in place of the Lender under the Deed, or that the Lender would be allowed to assign its beneficial interest under the Deed to another. The indenture made no provision that in the event the Promissory Note and Deed was sold, that we as Borrowers would become liable to the new note holder for performance of the covenants we had made with WELLS FARGO BANK as contained in the Deed of Trust. The indenture made no provision that in the event the Note and Deed was sold, that the new note holder would obtain or assume any beneficial interest under the Deed, that the new note holder would become a party to the Trust, or that the new note holder would obtain any right to enforce the Security Instrument. According to paragraph 20 of the Deed/ Trust indenture, the only stated effect a sale of the Note and Deed might have was that the loan servicer might change! We aver that when WELLS FARGO sold our Note, that this Trust terminated that very same day, as the Trust indenture made no provision for the continued existence and operation of the Trust after the Lender sold our Note to another, and in fact the Trust could not continue. In addition, WELLS FARGO BANK XXXX. never made us aware the note was sold. I recently learned this in XXXX of XXXX after sending several proof of claims letters and QWR According to Section 112.052 of the Texas XXXXroperty Code, a Trust continues only until the expiration of a certain time period or until the happening of a certain event and the period of time has elapsed or the event has happened. In the case of this instant Trust, paragraph 23 of the Deed indicates when the Trust would terminate : The Trust would continue until the Lender was paid all that was owing under the Security Instrument, after which event the Lender was to release of the Deed to the Borrower. The indenture made NO provision for the Trust to continue in force after the Lender received all that was owing under the Security Instrument. Rather, after no more money was owed to the Lender, the Lender was to have released the lien and returned the Security Instrument to the Borrowers. We aver that Wells Fargo Bank is in breach of this Deed of Trust as it has not released the lien and returned the Deed as per this stipulation contained in the Trust indenture. \n\nWe aver that Wells Fargo Bank has no legitimate right to Assign the Deed of Trust to XXXX XXXX since the Trust underlying the Deed has terminated. Wells Fargo can not convey any beneficial interest under the Deed to XXXX XXXX since it has become void and is no longer a valid security instrument. Recording an assignment of a void Deed can not not resurrect the Trust nor does recording an assignment of a void instrument transfer any legal right under the instrument to another. \n\nBecause of these enumerated facts, we demand that Wells Fargo release the lien against our property and return the Security Instrument back to us. Doing this will serve as a release of our collateral back to us. Neither Wells Fargo, its Trustee, nor XXXX XXXX have had any legal right to hold legal title to our property since our Note was sold. Plus XXXX XXXX admits to not being the holder in due course. \n\nThis being said, how can WELLS FARGO BANK XXXX. try to collect on a debt or foreclose on property by there bank or through another agency like XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW that they are not the legal owner of and have no standing to do so? I have sent XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW documents to prove these facts as well as proof of claim they can collect and yet they continue to steamroll over us in a non Judicial foreclosure set for XXXX XXXX, XXXX and ignore any letters sent. \n\nA few of the question I had asked on more than one occasion are below and XXXX has not provided answers to any of them. If XXXX XXXX XXXX with XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ATTORNEYS AND COUNSELORS AT LAW proceed with foreclosure it would be done under tort and fraud. I tried to handle this matter privately in the eyes of equity sending XXXX double sealed inner and outer envelops and she chose to ignore my wish and go public One : Who are you? Provide evidence of incorporation, foundation, oath, bond and/or other charter ; and a : Your Company Mission Statement, and oath and bond ; and b : Your Customer service rules manual, and/or equivalent ; and c : Your [ Full ] Public Liability Insurance Policy Details ; and Two : By what authority do you claim to act and/or perform [? ] XXXX and XXXX Three : Evidence of a contract with the Estate and/or other nexus giving rise to alleged liability? XXXX and XXXX Four : Verified [ Proof ] ( Verification ) of Claim by sworn/affirmed complaint ; witness ; wet-ink seal ; XXXX and XXXX Five : A verily-true, [ full, whole, complete ] forensic tracing of the alleged account in question ; and Six : Who do you think the Estate is [? ] ( and ) Seven : Whereas : all Public immunity has been revoked ; and special immunity shall be given if-and-only-if your fruits show you provide all required and respect the eye of Equity without the Public ; therefore : show just cause to defend your comingling Public and personal ( confidential ) trust res/fund/account/property Claim ; and Eight : Show cause that absent freely-given consent to justify claiming an heir [ of a Public Document ] is a Legal/Public Person/Defendant/Title, Officer, Agent, Ward, Employee, and/or : Claim [ belief ] that a good-faith response to you is Acceptance of : Surety, Guilt, Incompetence, Commerce, Proceedings and/or Trustee to a Public Benefit and/or under Service or Oath or in any way gives jurisdiction, dominium, power, right, and/or authority without good cause as that would be a mistake :","date_sent_to_company":"2017-10-11T16:52:13.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"2696430","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2017-10-09T03:12:55.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Wells Fargo can not convey any beneficial interest under the Deed to XXXX XXXX since it has become void and is no longer a valid <em>security</em> <em>instrument</em>. Recording an assignment of a void Deed can not not resurrect the Trust nor does recording an assignment of a void <em>instrument</em> transfer any legal right under the <em>instrument</em> to another. \n\nBecause of these enumerated facts, we demand that Wells Fargo release the <em>lien</em> against our property and return the <em>Security</em> <em>Instrument</em> back to us."]},"sort":[16.683088,"2696430"]},{"_index":"complaint-public-v1","_id":"3253285","_score":16.589851,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/2019 I purchased a XXXX XXXX XXXX at the XXXX XXXX XXXX in XXXX XXXX New York. The purchase agreement was assigned to EXETER FINANCE LLC in Texas, i received the first statement in beginning of XX/XX/2019 and I mailed to EXETER a Certified Check, an IRS form 1040V, a New York State UCC-1 Affidavit Of Ownership filing # XXXX, a Kentucky UCC-3 filing # XXXX where I Register the Certified Check/Security Instrument, all the mentioned items were received by EXETER on XX/XX/2019, on XX/XX/2019 I received a XXXX mail from EXETER/XXXX XXXX stating reception of the certified check and claiming \" EXETER does not accept the document purporting to release the customer 's responsibility in the XXXX XXXX VIN # XXXX ETC ... without returning any of the document ( s ) sent ( 1040V, New York UCC-1, the Certified Chek, the Kentucky UCC-3 ). I gave EXETER FINANCE 10 days to return everything received from me if there was any defect for me to correct it they did not, meaning the alleged debt was discharged after the 10 DAYS WINDOWS. They sent me another statement with adjustment of {$44.00} along the monthly payment, I sent them a SET OF GSA BOND ( SF30 Amendment of Solicitation/Modification Of Contract, Optional Form 90 Release of Lien on Personal Property, Optional Form 91 Release of Property from Escrow, SF 1414 Consent of Surety SF1416 Payment Bond for other than Construction, SF1418 Performance Bond for other than Construction to Satisfy/Settle/Close the Account, two days after they received it XXXX XXXX MAILED ME BACK via XXXX everything that they received in XX/XX/2019. They still have the GSA Bond to Satisfy/Settle/Adjust the Account according to the instructions on the bonds","date_sent_to_company":"2019-06-03T13:51:38.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"11236","tags":null,"has_narrative":true,"complaint_id":"3253285","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Exeter Finance, LLC.","date_received":"2019-05-24T19:08:58.000Z","state":"NY","company_public_response":null,"sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["They sent me another statement with adjustment of {$44.00} along the monthly payment, I sent them a SET OF GSA BOND ( SF30 Amendment of Solicitation/Modification Of Contract, Optional Form 90 Release of <em>Lien</em> on Personal Property, Optional Form 91 Release of Property from Escrow, SF 1414 Consent of Surety SF1416 Payment Bond for <em>other</em> <em>than</em> Construction, SF1418 Performance Bond for <em>other</em> <em>than</em> Construction to Satisfy/Settle/Close the Account, two days after they received it XXXX XXXX MAILED ME BACK"]},"sort":[16.589851,"3253285"]},{"_index":"complaint-public-v1","_id":"9394009","_score":16.544104,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/year> the consumer entered into a lease agreement in good faith with XXXX XXXX in XXXX XXXX, California with GM FINANCIAL financing the consumer credit transaction. For discharge of the alleged debt, consumer/debtor tendered a redemption coupon fully endorsed to GM FINANCIAL multiple times as it still evidences the same form of alleged debt and also tendered a fully endorsed promissory note to GM FINANCIAL to settle the alleged debt before the first payment was due. GM FINANCIAL is alleging that the debtor/consumer owes a past due balance of around {$2600.00}. The consumer was not given full disclose as to who the debtor really is. Was there a lien on the vehicle before the consumer purchased it? Why wasnt the money purchase loan applied to the principal amount? This action by GM FINANCIAL and XXXX XXXX has made it appear that the debtor didnt perform on the public side. So the debtor/consumer informed the XXXX  in this consumer transaction that his payments were not being applied to discharge his alleged obligation. So the XXXX  in this consumer credit transaction interviewed and gave notice of subrogation and substitution to GM FINANCIAL and tendered a payment for settlement of the alleged lease debt upon acceptance by way of special deposit with a stipulation that read refusal is discharge. By tendering special deposit to settle the alleged debt on behalf of the debtor/consumer, the surety in the transaction becomes subrogee and the creditor is the subrogor and the suretys rights become higher than the creditors and the securities are now owed to the surety for payomg off the principal debtor/consumer debt. The tender of payment issued by the XXXX was refused by GM FINANCIAL and returned back to the XXXX effectively discharging the alleged debt fully per U.C.C. 3-603 and other case law ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. \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\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. \n\nPer House Joint Resolution 192 no company can determine how a debt is paid as there is not gold and silver in circulation. \n\nGM FINANCIAL representatives were advised by the XXXX in this transaction via phone calls that the XXXX would be exonerated as XXXX if his tender was refused. \nXXXX XXXXGM FINANCIAL failed to give absolute full disclosure to the consumer/debtor concerning the status of the application and promissory note being a financial asset. \nXXXX XXXXGM FINANCIAL failed to apply the consumer/debtor interest to the principal to balance their books. \nGM FINANCIAL failed to return those registered securities back to the consumer. \nXXXX XXXXGM FINANCIAL is operating without transparency and in good faith in cooperation with XXXX XXXX XXXX \nI believe that GM FINANCIAL and XXXX XXXX are involved in securities fraud due to the responses I received and lack of response and the misapplication of the debtors/consumers dividend interest to the principal account. \nGM FINANCIAL and XXXX XXXX are also obtaining unjust enrichment by taking my vehicle without giving the XXXX for the transaction anything in return. \nGM FINANCIAL has repossessed the vehicle with having a judicial hearing in violation of the arbitration agreement in the contract and per 15 U.S.C. Section 1692f.\n\nGM FINANCIAL also gave the consumers private information away to the XXXX XXXX XXXX and the XXXX XXXX XXXX committed a breach of peace and stole the consumers good ( vehicle ) without the consumer or XXXX permission. Which Now the consumer will have to file police report for theft and file a bill in equity against the XXXX XXXX XXXX who has no contract with the consumer nor the XXXX \n\nGM FINANCIAL has not proved to the consumer nor XXXX that GM FINANCIAL actually loaned their money to the consumer/alleged debtor. This is fraudulent activity by avoiding full disclosure abusing fiduciary duties and wire fraud per XXXX Funds Transfer Act and conspiracy against rights. \nBanks dont loan money they borrow money and in this credit transaction the creditor GM FINANCIAL XXXX the DEBTOR XXXX XXXX and the XXXX for the transaction XXXX XXXX all are supposed to operate in good faith and transparency. \nGM FINANCIAL has not operated in full transparency and has now attempted to harm the consumer/debtors estate. \nGM FINANCIAL failed to inform the XXXX of any and all adverse actions that GM FINANCIAL was taking against the debtor. \nBreach of Trust.","date_sent_to_company":"2024-07-01T10:56:12.000Z","issue":"Repossession","sub_product":"Lease","zip_code":"77033","tags":null,"has_narrative":true,"complaint_id":"9394009","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"General Motors Financial Company, Inc.","date_received":"2024-07-01T09:04:37.000Z","state":"TX","company_public_response":null,"sub_issue":"Lender trying to repossess or disable the vehicle"},"highlight":{"complaint_what_happened":["By tendering special deposit to settle the alleged debt on behalf of the debtor/consumer, the surety in the transaction becomes subrogee and the creditor is the subrogor and the suretys rights become higher <em>than</em> the creditors and the <em>securities</em> are now owed to the surety for payomg off the principal debtor/consumer debt."]},"sort":[16.544104,"9394009"]},{"_index":"complaint-public-v1","_id":"7196729","_score":16.089664,"_source":{"product":"Mortgage","complaint_what_happened":"Loan servicer committed multiples breach of contract acts, fraud by deception, Assignment of Mortgage is fraudulent and bogus, securing nothing. The Note and Mortgage were separated at settlement when XXXX XXXX XXXX XXXX XXXX XXXXXXXX  nominated MERS as Mortgagee, while the beneficiary under the note remained. Fraudulent Assignment voids the Mortgage. \n\n\nXXXXXXXX XXXX XXXX XXXX XXXX XXXX, which sold the unauthenticated promissory note to Nationstar mortgage d/b/a Mr. Cooper Mortgage have no authority to foreclose on my property by filing titled Records of Releases and Other Actions. The crime in continuation and theft by deception included the Warranty Deed, Deed of Trust, Appointment of Substitute Trustee, all filed fraudulently to give XXXX XXXX XXXX XXXX XXXX XXXX/Nationstar mortgage d/b/a Mr. Cooper the appearance of authority to enforce the power of sale clause in the deed of trust. However, the bifurcated mortgage separated the paper promissory note from the paper security instrument rendering the Deed dead. The Deed of Trust was rendered a nullity the instance MERS was named as the beneficiary because there was no lawful method to perfect the lien in another partys name without that party being the owner/holder of the promissory note regardless of how many times they attempted assignments or transfer of the property I own, through their own actions they voided the Deed of Trust XXXX the only enforcement tool to legally foreclose on the property. \n\nXXXX XXXX XXXX XXXX XXXX XXXX /Nationstar d/b/a Mr. Cooper Mortgage is nothing more than a third-party debt collector masquerading as the note holder and forcing sale of property not legally entitled to foreclosure doing so committed fraud upon the court and filed fraudulent financial statements in public records. \n\n\n\n\n\n\nCC : Sheriff, Police department , County Attorney , County Recorder","date_sent_to_company":"2023-07-02T19:15:12.000Z","issue":"Trouble during payment process","sub_product":"Other type of mortgage","zip_code":"30238","tags":null,"has_narrative":true,"complaint_id":"7196729","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2023-07-02T17:59:05.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["However, the bifurcated mortgage separated the paper promissory note from the paper <em>security</em> <em>instrument</em> rendering the Deed dead."],"sub_product":["<em>Other</em> type of mortgage"]},"sort":[16.089664,"7196729"]},{"_index":"complaint-public-v1","_id":"11248881","_score":15.691233,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XXXX XXXX XXXX MERCEDES-BENZ FINANCIAL SERVICES USA LLC XXXX \n\nXXXX. [ XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX : XXXX XXXX XXXX, XXXX, CA XXXX. ] XXXX. [ XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, TN XXXX ] XXXX. [ XXXX XXXX XXXX, XXXX XXXX, XXXX, OH XXXX ] XXXX! \n\nRe : Disputing error [ XXXX ] on credit report, Reporting Improper Repo of Vehicle, Down Payment Return. \nDear : Mercedes Benz Financial Services, I am writing to request a correction of the following information that appears on my [ XXXX, XXXX, XXXX ] consumer report : Dispute XXXX [ These are examples. Pick the ones that apply to your credit report. ] XXXX o The report shows I currently owe money to your company that I have already repaid. Attached is a Memorandum of U.C.C Codes that have been violated during the process of my contract I have been in distress due to misappropriated authorization not authorized by Myself during the repo process I was hurt and also not awarded any refund willing and available by any company member to handle my claims with respect also I wish to request that all information retained by legally authorized by me are signed by me making this repossession legal. I seek to retain my vehicle and check toward payment for emotion damages and down payment, lien release, as buyer, form 1040v for voucher was denied verbally.\n\n[ Thank you for your assistance. \nSincerely, XXXX XXXX MEMORANDUM U.S.Code 1602 ( g ) - The term \" creditor '' refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. [. ] C.F.R. 433.1 ( c ) - Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.\n\n16 C.F.R. 433.2 - NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\n12 C.F.R. 1026.18 H-1 Credit Sale Model Form 15 U.S.Code 1602 ( v ) - The term \" material disclosures '' means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639 ( a ) of this title.\n\n12 C.F.R. 1026.4 ( a ) - The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction.\n\n15 U.S.Code 1605 ( a ) - \" Finance charge '' defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. [ .. ] 15 U.S.Code 1640 ( a ) - ( jin the case of an individual action twice the amount of any finance charge in connection with the transaction, ( i ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, [. ] ] 15 U.S.Code 1611 ( a ) - gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder.\n\nPart 1. General Provisions [ Subpart 1. Short Title, Definitions, and General Concepts ] 9-101. SHORT TITLE.\n\n9-102. DEFINITIONS AND INDEX OF DEFINITIONS.\n\n9-103. PURCHASE-MONEY SECURITY INTEREST ; APPLICATION OF PAYMENTS ; BURDEN OF ESTABLISHING.\n\n9-104. CONTROL OF DEPOSIT ACCOUNT.\n\n9-105. CONTROL OF ELECTRONIC CHATTEL PAPER.\n\n9-106. CONTROL OF INVESTMENT PROPERTY.\n\n9-107. CONTROL OF LETTER-OF-CREDIT RIGHT.\n\n9-108. SUFFICIENCY OF DESCRIPTION.\n\n[ Subpart 2. Applicability of Article ] 9-109. SCOPE.\n\n9-110. SECURITY INTERESTS ARISING UNDER ARTICLE 2 OR 2A.\n\nPart 2. Effectiveness of Security Agreement; Attachment of Security Interest ; Rights of Parties to Security Agreement [ Subpart 1. Effectiveness and Attachment ] 9-201. GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.\n\n9-202. TITLE TO COLLATERAL IMMATERIAL.\n\n9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES.\n\n9-204. AFTER-ACQUIRED PROPERTY ; FUTURE ADVANCES.\n\n9-205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.\n\n9-206. SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.\n\n[ Subpart 2. Rights and Duties ] 9-207. RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.\n\n9-208. ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.\n\n9-209. DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.\n\n9-210. REQUEST FOR ACCOUNTING ; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.\n\nPart 3. Perfection and Priority [ Subpart 1. Law Governing Perfection and Priority ] 9-301. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS.\n\n9-302. LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS.\n\n9-303. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.\n\n9-304. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.\n\n9-305. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.\n\n9-306. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHTS.\n\n9-307. LOCATION OF DEBTOR.\n\n9-308. WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED ; CONTINUITY OF PERFECTION.\n\n9-309. SECURITY INTEREST PERFECTED UPON ATTACHMENT.\n\n9-310. WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN ; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.\n\n9-311. PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES.\n\n9-312. PERFECTION OF SECURITY INTERESTS IN XXXX XXXX, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER-OF-CREDIT RIGHTS, AND MONEY ; PERFECTION BY PERMISSIVE FILING ; TEMPORARY PERFECTION WITHOUT FILING OR TRANSFER OF POSSESSION.\n\n9-313. WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.\n\n9-314. PERFECTION BY CONTROL.\n\n9-315. SECURED PARTY 'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.\n\n9-316. CONTINUED PERFECTION OF SECURITY INTEREST FOLLOWING CHANGE IN GOVERNING LAW.\n\n[ Subpart 3. Priority ] 9-317. INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF UNPERFECTED SECURITY INTEREST OR AGRICULTURAL LIEN.\n\n9-318. NO INTEREST RETAINED IN RIGHT TO PAYMENT THAT IS SOLD ; RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL PAPER WITH RESPECT TO CREDITORS AND PURCHASERS.\n\n9-319. RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.\n\n9-320. BUYER OF GOODS.\n\n9-321. LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.\n\n9-322. PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.\n\n9-323. FUTURE ADVANCES.\n\n9-324. PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.\n\n9-325. PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.\n\n9-326. PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.\n\n9-327. PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.\n\n9-328. PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.\n\n9-329. PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHT.\n\n9-330. PRIORITY OF PURCHASER OF XXXX XXXX OR INSTRUMENT.\n\n9-331. PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS, AND SECURITIES UNDER OTHER ARTICLES ; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER ARTICLE 8.\n\n9-332. TRANSFER OF MONEY ; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.\n\n9-333. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.\n\n9-334. PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.\n\n9-335. ACCESSIONS.\n\n9-336. COMMINGLED GOODS.\n\n9-337. PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.\n\n9-338. PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION.\n\n9-339. PRIORITY SUBJECT TO SUBORDINATION.\n\n[ Subpart 4. Rights of Bank ] 9-340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.\n\n9-341. BANK 'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.\n\n9-342. BANK 'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.\n\nPart 4. Rights of Third Parties 9-401. ALIENABILITY OF DEBTOR 'S RIGHTS.\n\n9-402. SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT.\n\n9-403. AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.\n\n9-404. RIGHTS ACQUIRED BY ASSIGNEE ; CLAIMS AND DEFENSES AGAINST ASSIGNEE.\n\n9-405. MODIFICATION OF ASSIGNED CONTRACT.\n\n9-406. DISCHARGE OF ACCOUNT DEBTOR ; NOTIFICATION OF ASSIGNMENT ; IDENTIFICATION AND PROOF OF ASSIGNMENT ; RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE.\n\n9-407. RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR 'S RESIDUAL INTEREST.\n\n9-408. RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.\n\n9-409. RESTRICTIONS ON ASSIGNMENT OF LETTER-OF-CREDIT RIGHTS INEFFECTIVE.\n\nPart 5. Filing [ Subpart 1. Filing Office ; Contents and Effectiveness of Financing Statement ] 9-501. FILING OFFICE.\n\n9-502. CONTENTS OF FINANCING STATEMENT ; RECORD OF MORTGAGE AS FINANCING STATEMENT ; TIME OF FILING FINANCING STATEMENT.\n\n9-503. NAME OF DEBTOR AND SECURED PARTY.\n\n9-504. INDICATION OF COLLATERAL.\n\n9-505. FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.\n\n9-506. EFFECT OF ERRORS OR OMISSIONS.\n\n9-507. EFFECT OF CERTAIN EVENTS ON EFFECTIVENESS OF FINANCING STATEMENT.\n\n9-508. EFFECTIVENESS OF FINANCING STATEMENT IF NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT.\n\n9-509. PERSONS ENTITLED TO FILE A RECORD.\n\n9-510. EFFECTIVENESS OF FILED RECORD.\n\n9-511. SECURED PARTY OF RECORD.\n\n9-512. AMENDMENT OF FINANCING STATEMENT.\n\n9-513. TERMINATION STATEMENT.\n\n9-514. ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD.\n\n9-515. DURATION AND EFFECTIVENESS OF FINANCING STATEMENT ; EFFECT OF LAPSED FINANCING STATEMENT.\n\n9-516. WHAT CONSTITUTES FILING ; EFFECTIVENESS OF FILING.\n\n9-517. EFFECT OF INDEXING ERRORS.\n\n9-518. CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD.\n\n[ Subpart 2. Duties and Operation of Filing Office ] 9-519. NUMBERING, MAINTAINING, AND INDEXING RECORDS ; COMMUNICATING INFORMATION PROVIDED IN RECORDS.\n\n9-520. ACCEPTANCE AND REFUSAL TO ACCEPT RECORD.\n\n9-521. UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT.\n\n9-522. MAINTENANCE AND DESTRUCTION OF RECORDS.\n\n9-523. INFORMATION FROM FILING OFFICE ; SALE OR LICENSE OF RECORDS.\n\n9-524. DELAY BY FILING OFFICE.\n\n9-525. FEES.\n\n9-526. FILING-OFFICE RULES.\n\n9-527. DUTY TO REPORT.\n\nPart 6. Default [ Subpart 1. Default and Enforcement of Security Interest ] 9-601. RIGHTS AFTER DEFAULT ; JUDICIAL ENFORCEMENT ; CONSIGNOR OR BUYER OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.\n\n9-602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES.\n\n9-603. AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.\n\n9-604. PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.\n\n9-605. UNKNOWN DEBTOR OR SECONDARY OBLIGOR.\n\n9-606. TIME OF DEFAULT FOR AGRICULTURAL LIEN.\n\n9-607. COLLECTION AND ENFORCEMENT BY SECURED PARTY.\n\n9-608. APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT ; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.\n\n9-609. SECURED PARTY 'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.\n\n9-610. DISPOSITION OF COLLATERAL AFTER DEFAULT.\n\n9-611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.\n\n9-612. TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.\n\n9-613. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL : GENERAL.\n\n9-614. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL : CONSUMER-GOODS TRANSACTION.\n\n9-615. APPLICATION OF PROCEEDS OF DISPOSITION ; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.\n\n9-616. EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.\n\n9-617. RIGHTS OF TRANSFEREE OF COLLATERAL.\n\n9-618. RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.\n\n9-619. TRANSFER OF RECORD OR LEGAL TITLE.\n\n9-620. ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION ; COMPULSORY DISPOSITION OF COLLATERAL.\n\n9-621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.\n\n9-622. EFFECT OF ACCEPTANCE OF COLLATERAL.\n\n9-623. RIGHT TO REDEEM COLLATERAL.\n\n9-624. WAIVER.\n\n[ Subpart 2. Noncompliance with Article ] 9-625. REMEDIES FOR SECURED PARTY 'S FAILURE TO COMPLY WITH ARTICLE.\n\n9-626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.\n\n9-627. DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.\n\n9-628. NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY ; LIABILITY OF SECONDARY OBLIGOR.\n\nPart 7. Transition 9-701. EFFECTIVE DATE.\n\n9-702. SAVINGS CLAUSE.\n\n9-703. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.\n\n9-704. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.\n\n9-705. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.\n\n9-706. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.\n\n9-707. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.\n\n9-708. PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.\n\n9-709. PRIORITY.\n\nPart 1. General Provisions Part 2. Effectiveness of Security Agreement; Attachment of Security Interest ; Rights of Parties to Security Agreement Part 3. Perfection and Priority Part 4. Rights of Third Parties Part 5. Filing Part 6. Default Part 7. Transition Part 8. TRANSITION PROVISIONS FOR 2010 AMENDMENTS","date_sent_to_company":"2024-12-23T03:28:51.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"12208","tags":null,"has_narrative":true,"complaint_id":"11248881","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mercedes Benz Financial Services","date_received":"2024-12-23T03:16:19.000Z","state":"NY","company_public_response":null,"sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["PRIORITY OF PURCHASER OF XXXX XXXX OR <em>INSTRUMENT</em>.\n\n9-331. PRIORITY OF RIGHTS OF PURCHASERS OF <em>INSTRUMENTS</em>, DOCUMENTS, AND <em>SECURITIES</em> UNDER <em>OTHER</em> ARTICLES ; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND <em>SECURITY</em> ENTITLEMENTS UNDER ARTICLE 8.\n\n9-332. TRANSFER OF MONEY ; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.\n\n9-333. PRIORITY OF CERTAIN <em>LIENS</em> ARISING BY OPERATION OF LAW.\n\n9-334. PRIORITY OF <em>SECURITY</em> INTERESTS IN FIXTURES AND CROPS.\n\n9-335. ACCESSIONS.\n\n9-336. COMMINGLED GOODS.\n\n9-337."]},"sort":[15.691233,"11248881"]},{"_index":"complaint-public-v1","_id":"11447325","_score":15.578208,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Complaint Regarding Ally Financials Furnishing of Information to Consumer Reporting Agencies in Violation of UCC 3-203 ; 1681i ( a ) ( 5 ) ( A ) : CRAs must promptly delete or modify inaccurate or unverifiable information.\n\nComplaint Description : This complaint is being filed against XXXX, XXXX, Equifax and XXXX XXXX for unlawfully reporting information regarding accounts ending Acct # XXXX and Acct # XXXX. XXXX XXXX continued furnishing of this information constitutes a clear violation of consumer protection laws and Uniform Commercial Code ( XXXX ) XXXX, resulting in irreparable harm to my creditworthiness and reputation. The consumer reporting agencies XXXX, XXXX, and Equifax must report accurate information XXXX XXXX. XXXX ( b ) - Accuracy of Reports- Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. XXXX XXXX. XXXX - Dispute Procedures - This section requires CRAs to investigate disputes made by consumers regarding inaccurate or incomplete information in their credit files. If inaccuracies are found, the CRA must correct or delete the information promptly. \n\n\n\nLegal Basis for Complaint : XXXX XXXX UCC XXXX XXXX the transfer of an instrument and establishes that any transfer, whether or not it constitutes a negotiation, vests the transferee with only those rights of the transferor to enforce the instrument. If the transferor has relinquished or lost its rights to enforce the instrument, the transferee can not acquire greater rights than the transferor. \n\nMoreover, XXXX XXXX ( c ) specifies that a 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, unless otherwise agreed. If an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, this further invalidates the transferees rights. \n\nThese provisions render XXXX XXXX claims of standing or enforcement rights legally void. XXXX XXXX actions to report this information violate both federal consumer protection laws and the principles of XXXX XXXX. \n\nHow Ally Financial Violated XXXX XXXX : Upon examination of the accounts referenced above and through a forensic audit, the following facts demonstrate that XXXX XXXX  lacks any enforceable right to furnish or report information to consumer reporting agencies : XXXX XXXX Assigned and Transferred the Original Instrument : XXXX XXXX securitized and transferred the underlying promissory note associated with the accounts to a securitization trust as part of a structured finance transaction. This transfer included the sale and assignment of rights to enforce the instrument. \nUnder XXXX XXXX, XXXX XXXX transfer of the instrument divested it of any rights to enforce or claim an interest in the underlying obligation. \nAlly Financial Can not Acquire Rights of a Holder in Due Course : Pursuant to XXXX XXXX ( c ), XXXX XXXX can not claim rights as a holder in due course because of its involvement in improper handling, transfer, or failure to indorse the instrument. Additionally, fraud or illegality in the securitization process affecting the instrument renders XXXX claims invalid. \nFailure to Perfect a Security Interest : As per UCC 9-203, XXXX XXXX failed to perfect a security interest in the collateral associated with the accounts, nor did it retain standing to assert rights over the instrument. Without a perfected XXXX, XXXX XXXX can not claim ownership or enforcement rights. \nReporting to Consumer Reporting Agencies Is Unauthorized : By transferring the note and losing its rights under XXXX XXXX, XXXX XXXX no longer has any legal or equitable standing to furnish information regarding these accounts to consumer reporting agencies. Reporting these accounts constitutes false and misleading information, violating the Fair Credit Reporting Act ( FCRA ) and XXXX XXXX. XXXX, which requires furnishers to ensure accuracy and legality in the information they report. \nFailure to Respond to Negotiable Instrument Submission : Ally Financial has previously failed to process or formally reject a negotiable instrument submitted in accordance with XXXX XXXX, further demonstrating its lack of legal standing and bad faith in handling these accounts. \nRelief Requested : I respectfully request that the CFPB compel Ally Financial and the XXXX consumer reporting agencies ( Equifax, XXXX, and XXXX ) to immediately : Cease Reporting the Accounts : XXXX XXXX must delete all reporting related to Acct # XXXX and Acct # XXXX from my consumer reports, as it lacks the legal authority to furnish such information under XXXX XXXX and UCC XXXX XXXX c ). \n\nProvide Proof of Standing : If XXXX XXXX claims the right to enforce or report on these accounts, it must submit clear and verifiable evidence demonstrating : Proof of ownership or valid assignment of the instrument. \nCompliance with XXXX XXXX regarding lien perfection XXXX \nLegal authority to report these accounts after transferring the underlying instrument. \nInvestigate and Remove Inaccuracies : The CFPB should require all consumer reporting agencies to investigate the accuracy of the information provided by XXXX XXXX. If XXXX fails to provide verifiable proof of its standing, the accounts must be deleted as unsubstantiated and inaccurate under the FCRA. \n\nProvide a Written Explanation : XXXX XXXX  should be required to provide a detailed explanation for its continued reporting of these accounts despite its lack of standing under XXXX XXXX ( c ) and other applicable laws. \n\nConclusion : XXXX XXXX continued reporting of these accounts to consumer reporting agencies is unlawful under XXXX XXXX ( c ) and violates federal consumer protection laws, including the FCRA. By transferring the note, XXXX XXXX relinquished its rights to enforce or report the obligation, making its furnishing of this information unauthorized and harmful. I request the CFPBs intervention to address this matter promptly and ensure compliance with applicable laws.","date_sent_to_company":"2025-01-09T05:06:30.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"90746","tags":null,"has_narrative":true,"complaint_id":"11447325","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-01-09T05:06:27.000Z","state":"CA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Additionally, fraud or illegality in the securitization process affecting the <em>instrument</em> renders XXXX claims invalid. \nFailure to Perfect a <em>Security</em> Interest : As per UCC 9-203, XXXX XXXX failed to perfect a <em>security</em> interest in the collateral associated with the accounts, nor did it retain standing to assert rights over the <em>instrument</em>. Without a perfected XXXX, XXXX XXXX can not claim ownership or enforcement rights."],"product":["Credit reporting or <em>other</em> personal consumer reports"]},"sort":[15.578208,"11447325"]},{"_index":"complaint-public-v1","_id":"11445414","_score":15.578208,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Complaint Regarding Ally Financials Furnishing of Information to Consumer Reporting Agencies in Violation of XXXX XXXX ; XXXX ( a ) ( XXXX ) ( A ) : CRAs must promptly delete or modify inaccurate or unverifiable information. \n\nComplaint Description : This complaint is being filed against XXXX, TransUnion, XXXX and XXXX XXXX for unlawfully reporting information regarding accounts ending Acct # XXXX and Acct # XXXX. XXXX XXXX continued furnishing of this information constitutes a clear violation of consumer protection laws and Uniform Commercial Code ( XXXX ) XXXX, resulting in irreparable harm to my creditworthiness and reputation. The consumer reporting agencies XXXX, Transunion, and XXXX must report accurate information XXXX XXXX. XXXX ( b ) - Accuracy of Reports- Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. XXXX XXXX. XXXX - Dispute Procedures - This section requires CRAs to investigate disputes made by consumers regarding inaccurate or incomplete information in their credit files. If inaccuracies are found, the CRA must correct or delete the information promptly. \n\n\n\nLegal Basis for Complaint : XXXX XXXX UCC XXXX XXXX the transfer of an instrument and establishes that any transfer, whether or not it constitutes a negotiation, vests the transferee with only those rights of the transferor to enforce the instrument. If the transferor has relinquished or lost its rights to enforce the instrument, the transferee can not acquire greater rights than the transferor. \n\nMoreover, XXXX XXXX ( c ) specifies that a 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, unless otherwise agreed. If an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, this further invalidates the transferees rights. \n\nThese provisions render XXXX XXXX claims of standing or enforcement rights legally void. XXXX XXXX actions to report this information violate both federal consumer protection laws and the principles of XXXX XXXX. \n\nHow Ally Financial Violated XXXX XXXX : Upon examination of the accounts referenced above and through a forensic audit, the following facts demonstrate that XXXX XXXX lacks any enforceable right to furnish or report information to consumer reporting agencies XXXX XXXX XXXX Assigned and Transferred the Original Instrument : XXXX XXXX  securitized and transferred the underlying promissory note associated with the accounts to a securitization trust as part of a structured finance transaction. This transfer included the sale and assignment of rights to enforce the instrument. \nUnder XXXX XXXX, XXXX XXXX transfer of the instrument divested it of any rights to enforce or claim an interest in the underlying obligation. \nXXXX XXXX Can not Acquire Rights of a Holder in Due Course : Pursuant to XXXX XXXX ( c ), XXXX XXXX  can not claim rights as a holder in due course because of its involvement in improper handling, transfer, or failure to indorse the instrument. Additionally, fraud or illegality in the securitization process affecting the instrument renders XXXX claims invalid. \nFailure to Perfect a Security Interest : As per UCC XXXX, XXXX XXXX failed to perfect a security interest in the collateral associated with the accounts, nor did it retain standing to assert rights over the instrument. Without a perfected XXXX, XXXX XXXX can not claim ownership or enforcement rights. \nReporting to Consumer Reporting Agencies Is Unauthorized : By transferring the note and losing its rights under XXXX XXXX, XXXX XXXXl no longer has any legal or equitable standing to furnish information regarding these accounts to consumer reporting agencies. Reporting these accounts constitutes false and misleading information, violating the Fair Credit Reporting Act ( FCRA ) and XXXX XXXX. XXXX, which requires furnishers to ensure accuracy and legality in the information they report. \nFailure to Respond to Negotiable Instrument Submission : XXXX XXXX has previously failed to process or formally reject a negotiable instrument submitted in accordance with XXXX XXXX, further demonstrating its lack of legal standing and bad faith in handling these accounts. \nRelief Requested : I respectfully request that the CFPB compel XXXX XXXX and the XXXX consumer reporting agencies ( XXXX, XXXX, and TransUnion ) to immediately : Cease Reporting the Accounts : XXXX XXXX must delete all reporting related to Acct # XXXX and Acct # XXXX from my consumer reports, as it lacks the legal authority to furnish such information under XXXX XXXX and UCC XXXX XXXX c ). \n\nProvide Proof of Standing : If XXXX XXXX claims the right to enforce or report on these accounts, it must submit clear and verifiable evidence demonstrating : Proof of ownership or valid assignment of the instrument. \nCompliance with XXXX XXXX regarding lien perfection XXXX \nLegal authority to report these accounts after transferring the underlying instrument. \nInvestigate and Remove Inaccuracies : The CFPB should require all consumer reporting agencies to investigate the accuracy of the information provided by XXXX XXXX. If XXXX fails to provide verifiable proof of its standing, the accounts must be deleted as unsubstantiated and inaccurate under the FCRA. \n\nProvide a Written Explanation : XXXX XXXX should be required to provide a detailed explanation for its continued reporting of these accounts despite its lack of standing under XXXX XXXX ( c ) and other applicable laws. \n\nConclusion : XXXX XXXX continued reporting of these accounts to consumer reporting agencies is unlawful under XXXX XXXX ( c ) and violates federal consumer protection laws, including the FCRA. By transferring the note, XXXX XXXX relinquished its rights to enforce or report the obligation, making its furnishing of this information unauthorized and harmful. I request the CFPBs intervention to address this matter promptly and ensure compliance with applicable laws.","date_sent_to_company":"2025-01-09T05:06:30.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"90746","tags":null,"has_narrative":true,"complaint_id":"11445414","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-01-09T05:06:27.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Additionally, fraud or illegality in the securitization process affecting the <em>instrument</em> renders XXXX claims invalid. \nFailure to Perfect a <em>Security</em> Interest : As per UCC XXXX, XXXX XXXX failed to perfect a <em>security</em> interest in the collateral associated with the accounts, nor did it retain standing to assert rights over the <em>instrument</em>. Without a perfected XXXX, XXXX XXXX can not claim ownership or enforcement rights."],"product":["Credit reporting or <em>other</em> personal consumer reports"]},"sort":[15.578208,"11445414"]},{"_index":"complaint-public-v1","_id":"9227777","_score":15.207803,"_source":{"product":"Debt collection","complaint_what_happened":"XX/XX/XXXX, MORTGAGE SERVICER EXECUTED AN INTERNAL LOAN MODIFICATION PURPORTED AS CHANGING A 2 YEAR ARM TO A 30 YEAR FIXED ACCOUNT AFTER 2 YEARS OF ON TIME PAYMENTS, WAIVER OF ESCROW. LOAN MODIFICATION INCREASED PRINCIPLE BALANCE FROM {$190.00}, XXXX TO {$200.00}, XXXX. SERVICER FAXES A COPY OF AN EXECUTED LOAN MODIFICATION THAT IS INCOMPLETE WITH AN UNAUTHORIZED NOTARIAL CERTIFICATION WITH A FAX DATE STAMPED UPSIDE DOWN FOR XX/XX/XXXX, MORE THAN 2 YEARS PRIOR TO MY NEW HOME PURCHASE. FROM XXXX TO XXXX, SERVICER ADDED EXCESSIVE ESCROW CHARGES FOR REAL ESTATE TAXES THAT WERE PAID BY ME DIRECTLY TO MY COUNTY TAX OFFICE, ADMINISTRATIVE ADJUSTMENTS AND MISSAPLIED PAYMENTS. XX/XX/XXXX, SERVICER EXECUTED AN UNRECORDED HAMP/GRM/GPM MODIFICATION XXXXNCREASING PRINCIPLE BALANCE A 2ND TIME FOR THE BENEFIT OF THE LENDER FROM {$200000.00} TO {$210000.00}. THIS MODIFICATION NEVER FINALIZED. SERVICER REQUESTED NEW XXXX PACKET TO FINALIZE XXXX THAT PURPORTEDLY CLOSED ON XX/XX/XXXX. ON XX/XX/XXXX, SERVICER EXECUTED A XXXX HAMP MODIFICATION THAT DID NOT FINALIZE UNTIL XX/XX/XXXX, FAX COPIES OF THIS MODIFICATION CAME FROM \" XXXX XXXX  '', WITHOUT ANY NOTARIAL CERTIFICATION AS REQUIRED BY TEXAS XXXX. THERE ARE NO LOAN MODIFICATIONS RECORDED IN XXXX XXXX OF RESIDENCE AS REQUIRED BY LAW. ALL OF SERVICERS LOAN MODIFICATION DOCUMENTS REFERENCE A NOTE DATED XX/XX/XXXX. I REQUESTED COPIES OF THE NOTE DATED XX/XX/XXXX NUMEROUS TIMES FOR MORE THAN A DECADE. THE ONLY COPY OF THIS NOTE FAXED FROM THE SERVICER IS A FLAWED COPY OF AN ADJUSTABLE RATE BALLOON NOTE DATED XX/XX/XXXX, UNRELATED LOAN NUMBERS, WITH AN ALLONGE FOR ENDORSEMENT BETWEEN XXXX UNRELATED INVESTORS. SERVICER COLLECTED EXCESSIVE AMOUNTS FROM ME FOR A LOAN THAT HAS NEVER BEEN VALIDATED, WITH ONGOING THREATS TO FORECLOSE IF NOT PAID, FROM XXXX TO XXXX. I SIGNED A REPAYMENT AGREEMENT THAT MADE NO SENSE TO ME IN XXXX, XXXX TO PREVENT REFERRAL TO FORECLOSURE AFTER SERVICER MISSAPPLIED PAYMENTS STARTING IN XXXX, CHARGED UNRELATED FEES AND DUPLICATE REAL ESTATE TAXES, ETC. SERVICER WAS APPROVED BY THE UNITED STATES BANKRUPTCY COURT IN CHAPTER XXXX CASE TO SERVE ONLY AS DEBTORS IN POSSESSION OF MORTGAGE SERVICING RIGHTS WITH CHANGE OF NAME, SAME ADDRESS AND PHONE NUMBER. MY MORTGAGE PAYMENTS WERE COMINGLED WITH XXXX XXXX OF OTHERS FROM THE ONSET WITHOUT MY KNOWLEDGE. THOSE PAYMENTS HAVE NEVER BEEN APPLIED TO ANY OF THE MORTGAGE LOANS AND ARE LOST FOREVER IN HEDGE FUNDS SOLD BY THE SERVICER TO MULTIPLE INVESTORS IN A SECONDARY MARKET ACCOUNT MANAGED BY XXXX XXXX XXXX AND MULTIPLE SECURITIES INVESTORS. SERVICER HAS DOCUMENTED MULTIPLE TIMES THAT THE INVESTOR/NOTE HOLDER IS XXXX XXXX XXXX  XXXX AS TRUSTEE FOR XXXX XXXX XXXX XXXX BACKED PASS THROUGH CERTIFICATES. THIS TRUST WAS INCLUDED IN THE CHAPTER XXXX BANKRUPTCY LIQUIDATION OF ONE OF THE INVESTORS THAT WAS CLOSED BY THE BANKRUPTCY TRUSTEE IN XXXX, XXXX. I SOLD MY HOME ON XX/XX/XXXX TO A BUYER THROUGH MY REALTOR ON THE MLS. NO LIENS WERE FOUND RECORDED IN THE VESTED TITLE REFERENCING THE MORTGAGE SERVICER OR INVESTMENT TRUST WHO HAD BEEN POSTING NOTICES OF SUBSTITUTE TRUSTEE SALES IN COUNTY CLERK RECORDS SINCE XXXX. SALES CONTRACT EXECUTED ON XX/XX/XXXX, PAYOFF QUOTE SENT TO TITLE FROM SERVICER ON XX/XX/XXXX WAS EXHORBITANT FOR {$400000.00} ON A {$190000.00} ORIGINAL LOAN, NOTICE OF SUBSTITUTE TRUSTEE SALE POSTED ON XX/XX/XXXX WITHOUT REQUIRED LEGAL NOTICES FOR A SALE DATE OF XX/XX/XXXX. SERVICER REFUSED TO DISCUSS EXCESSIVE PAYOFF QUOTE AND DID NOT RESPOND TO MY WRITTEN NOTICE OF ERRORS UNTIL IT WAS TOO LATE. SERVICERS RESPONSE SAID 1ST FORECLOSURE DID NOT START UNTIL XXXX CONTRADICTS WITH XXXX SALE NOTICE THAT FORCED ME INTO CHAPTER XXXX BANKRUPTCY, SERVICER CLAIMS NOT ATTEMPTING TO COLLECT ON A DEBT THAT WAS DISCHARGED FROM BANKRUPTCY ON XX/XX/XXXX THAT I AM NOT LIABLE FOR, SERVICER CLAIMS MERELY COLLECTING ON A DEBT TO ENFORCE A LIEN ON A SECURITY INSTRUMENT THEY ARE ENTITLED TO, WHICH CONTRADICTS TITLE RECORDS SHOWING NO LIEN RECORDED BY THEM. WE CLOSED ON XX/XX/XXXX, SERVICER COLLECTED FULL AMOUNT OF PAYOFF QUOTE, {$400000.00}, THAT WAS NEVER LEGALLY VALIDATED. I GOT XXXX. ON XX/XX/XXXX, SERVICER EXECUTED NOTICE OF INTENT TO FORECLOSE SENT TO ME VIA CERTIFIED MAIL FOR A PAYOFF AMOUNT OF {$230000.00}. ON XX/XX/XXXX, SERVICER ONLINE HISTORY APPLIED FUNDS WITH HUNDREDS OF FEES RECORDED AS COLLECTION OF BILLED FEE TRANSACTIONS. ON XX/XX/XXXX, A RELEASE OF LIEN WAS RECORDED IN COUNTY, NO LOAN NUMBER, NO AMOUNT, NO SATISFACTION OF DEBT FOR A DEED OF TRUST DATED XX/XX/XXXX THAT DOES NOT EXIST, TERMINATING THE SECURITY INTEREST OF CREDITORS BY NEW CENTURY LIQUIDATING TRUST, SUCCESSOR TO NEW CENTURY MORTGAGE CORPORATION BY ATTORNEY IN FACT, CARRINGTON MORTGAGE SERVICES LLC, NO POWER OF ATTORNEY EVER RECORDED. CARRINGTON MORTGAGE SERVICES DELETED THIS LOAN FROM THERE RECORDS CLAIMING ITS NOW HANDLED BY A 3RD PARTY LIEN RELEASE DEPARTMENT DUE TO FULL PAYOFF OF CORPORATE ADVANCES. NO RECORD OF LOAN OR MY PHONE NUMBER ANYMORE, 3RD PARTY IS A ROBO FAX NUMBER. SOMEONE STOLE EVERY PENNY OF MY HOME EQUITY MORE THAN DOUBLE.","date_sent_to_company":"2024-06-12T00:14:27.000Z","issue":"False statements or representation","sub_product":"I do not know","zip_code":"773XX","tags":null,"has_narrative":true,"complaint_id":"9227777","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CARRINGTON MORTGAGE SERVICES, LLC","date_received":"2024-06-11T22:49:25.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["SERVICERS RESPONSE SAID 1ST FORECLOSURE DID NOT START UNTIL XXXX CONTRADICTS WITH XXXX SALE NOTICE THAT FORCED ME INTO CHAPTER XXXX BANKRUPTCY, SERVICER CLAIMS NOT ATTEMPTING TO COLLECT ON A DEBT THAT WAS DISCHARGED FROM BANKRUPTCY ON XX/XX/XXXX THAT I AM NOT LIABLE FOR, SERVICER CLAIMS MERELY COLLECTING ON A DEBT TO ENFORCE A <em>LIEN</em> ON A <em>SECURITY</em> <em>INSTRUMENT</em> THEY ARE ENTITLED TO, WHICH CONTRADICTS TITLE RECORDS SHOWING NO <em>LIEN</em> RECORDED BY THEM."]},"sort":[15.207803,"9227777"]},{"_index":"complaint-public-v1","_id":"1390690","_score":14.928093,"_source":{"product":"Mortgage","complaint_what_happened":"I had XXXX loans with Citi, a XXXX mortgage with Citi Mortgage and a XXXX ( HELOC ) with Citi Bank ; at the end of XX/XX/XXXX I had lost most of my income and business, my house was deeply underwater, and I applied for a re-structure of both loans, which were both assigned to the same loan counselor at Citi. At that time I was unaware that the HELOC described a farm property which I owned adjacent to my home, and not my home. Ultimately the loans were both re-structured, but the payments were not substantially reduced ; I could not make the payments and had to move -- I offered a deed in lieu of foreclosure, but Citi chose to foreclose the XXXX mortgage. In the process of re-structuring the loans, I had discovered the error in the HELOC description, and had requested a corrective security deed ; that request was referred to Citi 's \" research '' department, which never responded. After many attempts to get the error resolved, in XX/XX/XXXX, I filed the attached Affidavit in Aid of Title ; in XX/XX/XXXX, I finally reached Citi 's foreclosure attorney and explained the problem ; he promised to \" look into it and get back to me '' ; I followed up with the attached detailed written explanation, plats, the affidavit and copies of the XXXX mortgage instruments -- neither the attorney nor any of Citi 's representatives ever fixed the problem or got back to me. In XX/XX/XXXX Citi sued me on the full amount of the HELOC note ( and not the re-structured amount ) using the same law firm I had originally corresponded with. In my response to the suit and other filings I once again asserted that the lien was on the wrong property, but Citi has never corrected the error, I assume in an effort to gain advantage in their lawsuit. It is fundamental that a Home Equity loan can only be on a home, Citi knows that better than anyone, yet they continue to take advantage of an error that they are legally responsible to correct.","date_sent_to_company":"2015-06-02T13:32:28.000Z","issue":"Settlement process and costs","sub_product":"Home equity loan or line of credit","zip_code":"30060","tags":"Older American","has_narrative":true,"complaint_id":"1390690","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2015-05-25T18:51:34.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["In my response to the suit and <em>other</em> filings I once again asserted that the <em>lien</em> was on the wrong property, but Citi has never corrected the error, I assume in an effort to gain advantage in their lawsuit. It is fundamental that a Home Equity loan can only be on a home, Citi knows that better <em>than</em> anyone, yet they continue to take advantage of an error that they are legally responsible to correct."]},"sort":[14.928093,"1390690"]},{"_index":"complaint-public-v1","_id":"14910792","_score":14.887655,"_source":{"product":"Credit card","complaint_what_happened":"XX/XX/XXXXThis is a follow-up complaint to CFPB CaseXX/XX/XXXX filed against Bank of America. The Trust, through its fiduciary, now demands formal resolution and response within this CFPB portal only. This constitutes the Trusts final administrative attempt to resolve the matter lawfullyXX/XX/XXXX Bank of America abruptly and without substantiated cause closed two [commercial credit accounts] ending inXX/XX/XXXX andXX/XX/XXXX. The banks only responsedated XX/XX/XXXXadmits that sufficient funds were available at the time the account was closed. This is [prima facie evidence] of wrongful termination, [commercial breach], and [misrepresentation], particularly where no default or verified fraud existedXX/XX/XXXXThe undersigned, as Trustee of a [lawfully perfected private estate trust], issued [XX/XX/XXXX onXX/XX/XXXXin the amount oXX/XX/XXXX as full and final settlement of all alleged liabilities associated with the [commercial accounts]. This payment was tendered pursuant to established law, includingXX/XX/XXXX[31 U.S.C.  5118(d)(2)]  Payment in lawful gold clause instrumentsXX/XX/XXXX12 U.S.C.  411]  Redemption in lawful moneyXX/XX/XXXX[UCC  3-311]  Accord and satisfaction of disputed obligationsXX/XX/XXXX[UCC  3-501]  Presentment and dishonor upon failure to respond\\XX/XX/XXXX[UCC  3-603]  Discharge by tender of full amountXX/XX/XXXX[UCC  9-625]  Remedies for secured party upon unauthorized impairment of collateral\\n\\nBank of America received the negotiable instrument by [Certified Mail] ([TrackingXX/XX/XXXX and failed to return, rebut, credit, or lawfully dishonor it. This inaction constitutes [commercial dishonor], [fraud by silence], and [conversion of Trust property]. [Constructive acceptance] and [administrative default] are now presumed under lawXX/XX/XXXXBank of America's most recent response consisted of irrelevant billing statements and a generic claim that the debt remains valid. This is unacceptable. The Trust did not request statements. It requested [proof of claim].\\n\\nBank of America must now provideXX/XX/XXXXA valid, lawful [OC-10] or equivalent [original commercial credit contract], bearing the [wet-ink signature] of the [ALL CAPS debtor].\\n\\nVerified documentation that value was [loaned or transferred] to the Trust at origination.\\n\\nProof that Bank of America possesses a [lawful right to collect], substantiated by a signed agreement and full disclosure.\\n\\nProof that Bank of America is [not engaging in double-dipping], such as collecting [insurance], [credit default swap proceeds], or [third-party indemnity] while also pursuing the Trust.\\n\\nDisclosure of any IRS reporting including Forms [1099-A], [1099-C], or evidence of [securitization] or [sale of the alleged debt].\\n\\nIf Bank of America asserts that a debt exists, then under [15 U.S.C.  1692g(b)] and [UCC  3-305], the burden of proof lies with the claimant. The Trust demands [lawful, verified, original instruments]not generic summaries or hearsay.\\n\\nFurther, if Bank of America is [not seeking payment in lawful money or securities] as defined by [31 U.S.C.  5118], then it is operating outside the boundaries of federal monetary law. If they [are] seeking payment in any other form, they must disclose the nature of the instrument demanded. If they [are not], then [payment has already been rendered], and [accounting should be closed] immediately.\\n\\nThis complaint demands lawful answers to the following:\\n\\nIs Bank of America in possession ofXX/XX/XXXX, and why has it not been lawfully credited or returnedXX/XX/XXXXIs Bank of America demanding payment in forms other than [lawful money or securities], contrary to [31 U.S.C.  5118]?\\n\\nWhere is the [OC-10], signed by the XX/XX/XXXX entity, which proves a lawful agreement exists?\\n\\nWas any [money transferred to the Trust] as consideration for the alleged loan?\\n\\nHas Bank of America received [any insurance, securitization funds, or indemnification] related to these accounts?\\n\\nThis matter involves [commercial accounts] subject to [Uniform Commercial Code] enforcement. The Trust, as [Secured Party], holds a [perfected security interest] in the associated [legal person]. Bank of Americas continued silence, evasion, and refusal to respond with substance confirms [administrative default].\\n\\nNOTICE: Bank of America has [Ten (10) Days] to respond substantively and with specificity in this [CFPB portal]. Failure to do so will constitute a [final commercial dishonor] and may result in [lien enforcement] and [tort claim proceedings] at the sole expense of Bank of America.\\n\\nSupporting documents, including the [initial remittance], [mailing records], and the [XX/XX/XXXXXX/XX/XXXXnon-response package] ([Exhibits AG]), remain on file.\\n\\nRespectfully submitted on behalf of:XX/XX/XXXX","date_sent_to_company":"2025-07-27T17:54:02.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"27603","tags":"Servicemember","has_narrative":true,"complaint_id":"14910792","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2025-07-27T17:24:55.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["The Trust demands [lawful, verified, original <em>instruments</em>]not generic summaries or hearsay.\\n\\nFurther, if Bank of America is [not seeking payment in lawful money or <em>securities</em>] as defined by [31 U.S.C.  5118], then it is operating outside the boundaries of federal monetary law. If they [are] seeking payment in any <em>other</em> form, they must disclose the nature of the <em>instrument</em> demanded. If they [are not], then [payment has already been rendered], and [accounting should be closed] immediately."]},"sort":[14.887655,"14910792"]},{"_index":"complaint-public-v1","_id":"9227724","_score":14.505537,"_source":{"product":"Debt collection","complaint_what_happened":"XX/XX/XXXX, MORTGAGE SERVICER EXECUTED AN INTERNAL LOAN MODIFICATION PURPORTED AS CHANGING A XXXX YEAR ARM TO A XXXX YEAR FIXED ACCOUNT AFTER XXXX  YEARS OF ON TIME PAYMENTS, WAIVER OF ESCROW. LOAN MODIFICATION INCREASED PRINCIPLE BALANCE FROM {$190.00}, XXXX TO {$200.00}, XXXX. SERVICER FAXES A COPY OF AN EXECUTED LOAN MODIFICATION THAT IS INCOMPLETE WITH AN UNAUTHORIZED NOTARIAL CERTIFICATION WITH A FAX DATE STAMPED UPSIDE DOWN FOR XX/XX/XXXX, MORE THAN XXXX YEARS PRIOR TO MY NEW HOME PURCHASE. FROM XXXX TO XXXX, SERVICER ADDED EXCESSIVE ESCROW CHARGES FOR REAL ESTATE TAXES THAT WERE PAID BY ME DIRECTLY TO MY COUNTY TAX OFFICE, ADMINISTRATIVE ADJUSTMENTS AND MISSAPLIED PAYMENTS. XX/XX/XXXX, SERVICER EXECUTED AN UNRECORDED HAMP/GRM/GPM MODIFICATION INCREASING PRINCIPLE BALANCE A XXXX TIME FOR THE BENEFIT OF THE LENDER FROM {$200000.00} TO {$210000.00}. THIS MODIFICATION NEVER FINALIZED. SERVICER REQUESTED NEW XXXX PACKET TO FINALIZE XXXX THAT PURPORTEDLY CLOSED ON XX/XX/XXXX. ON XX/XX/XXXX, SERVICER EXECUTED A XXXX XXXX MODIFICATION THAT DID NOT FINALIZE UNTIL XX/XX/XXXX, FAX COPIES OF THIS MODIFICATION CAME FROM \" XXXX XXXX  '', WITHOUT ANY NOTARIAL CERTIFICATION AS REQUIRED BY XXXX  XXXX. THERE ARE NO LOAN MODIFICATIONS RECORDED IN MY COUNTY OF RESIDENCE AS REQUIRED BY LAW. ALL OF SERVICERS LOAN MODIFICATION DOCUMENTS REFERENCE A NOTE DATED XX/XX/XXXX. I REQUESTED COPIES OF THE NOTE DATED XX/XX/XXXX NUMEROUS TIMES FOR MORE THAN A DECADE. THE ONLY COPY OF THIS NOTE FAXED FROM THE SERVICER IS A FLAWED COPY OF AN ADJUSTABLE RATE BALLOON NOTE DATED XX/XX/XXXX, UNRELATED LOAN NUMBERS, WITH AN ALLONGE FOR ENDORSEMENT BETWEEN XXXX UNRELATED INVESTORS. SERVICER COLLECTED EXCESSIVE AMOUNTS FROM ME FOR A LOAN THAT HAS NEVER BEEN VALIDATED, WITH ONGOING THREATS TO FORECLOSE IF NOT PAID, FROM XXXX TO XXXX. I SIGNED A REPAYMENT AGREEMENT THAT MADE NO SENSE TO ME IN XXXX, XXXX TO PREVENT REFERRAL TO FORECLOSURE AFTER SERVICER MISSAPPLIED PAYMENTS STARTING IN XXXX, CHARGED UNRELATED FEES AND DUPLICATE REAL ESTATE TAXES, ETC. SERVICER WAS APPROVED BY THE UNITED STATES BANKRUPTCY XXXX IN XXXX XXXX CASE TO SERVE ONLY AS DEBTORS IN POSSESSION OF MORTGAGE SERVICING RIGHTS WITH CHANGE OF NAME, SAME ADDRESS AND PHONE NUMBER. MY MORTGAGE PAYMENTS WERE COMINGLED WITH XXXX 'S OF OTHERS FROM THE ONSET WITHOUT MY KNOWLEDGE. THOSE PAYMENTS HAVE NEVER BEEN APPLIED TO ANY OF THE MORTGAGE LOANS AND ARE LOST FOREVER IN HEDGE FUNDS SOLD BY THE SERVICER TO MULTIPLE INVESTORS IN A SECONDARY MARKET ACCOUNT MANAGED BY XXXX XXXX XXXX AND MULTIPLE SECURITIES INVESTORS. SERVICER HAS DOCUMENTED MULTIPLE TIMES THAT THE INVESTOR/NOTE HOLDER IS XXXX XXXX XXXX XXXX XXXXXXXX TRUSTEE FOR XXXX XXXX XXXX XXXX BACKED PASS THROUGH CERTIFICATES. THIS TRUST WAS INCLUDED IN THE XXXX  XXXX BANKRUPTCY LIQUIDATION OF XXXX OF THE INVESTORS THAT WAS CLOSED BY THE BANKRUPTCY TRUSTEE IN XXXX, XXXX. I SOLD MY HOME ON XX/XX/XXXX TO A BUYER THROUGH MY REALTOR ON THE MLS. NO LIENS WERE FOUND RECORDED IN THE VESTED TITLE REFERENCING THE MORTGAGE SERVICER OR INVESTMENT TRUST WHO HAD BEEN POSTING NOTICES OF SUBSTITUTE TRUSTEE SALES IN COUNTY CLERK RECORDS SINCE XXXX. SALES CONTRACT EXECUTED ON XX/XX/XXXX, PAYOFF QUOTE SENT TO TITLE FROM SERVICER ON XX/XX/XXXX WAS EXHORBITANT FOR {$400000.00} ON A {$190000.00} ORIGINAL LOAN, NOTICE OF SUBSTITUTE TRUSTEE SALE POSTED ON XX/XX/XXXX WITHOUT REQUIRED LEGAL NOTICES FOR A SALE DATE OF XX/XX/XXXX. SERVICER REFUSED TO DISCUSS EXCESSIVE PAYOFF QUOTE AND DID NOT RESPOND TO MY WRITTEN NOTICE OF ERRORS UNTIL IT WAS TOO LATE. SERVICERS RESPONSE SAID XXXX FORECLOSURE DID NOT START UNTIL XXXX CONTRADICTS WITH XXXX SALE NOTICE THAT FORCED ME INTO XXXX  XXXX BANKRUPTCY, SERVICER CLAIMS NOT ATTEMPTING TO COLLECT ON A DEBT THAT WAS DISCHARGED FROM BANKRUPTCY ON XX/XX/XXXX THAT I AM NOT LIABLE FOR, SERVICER CLAIMS MERELY COLLECTING ON A DEBT TO ENFORCE A LIEN ON A SECURITY INSTRUMENT THEY ARE ENTITLED TO, WHICH CONTRADICTS TITLE RECORDS SHOWING NO LIEN RECORDED BY THEM. WE CLOSED ON XX/XX/XXXX, SERVICER COLLECTED FULL AMOUNT OF PAYOFF QUOTE, {$400000.00}, THAT WAS NEVER LEGALLY VALIDATED. I GOT XXXX. ON XX/XX/XXXX, SERVICER EXECUTED NOTICE OF INTENT TO FORECLOSE SENT TO ME VIA CERTIFIED MAIL FOR A PAYOFF AMOUNT OF {$230000.00}. ON XX/XX/XXXX, SERVICER ONLINE HISTORY APPLIED FUNDS WITH HUNDREDS OF FEES RECORDED AS COLLECTION OF BILLED FEE TRANSACTIONS. ON XX/XX/XXXX, A RELEASE OF XXXX WAS RECORDED XXXX XXXX, NO LOAN NUMBER, NO AMOUNT, NO SATISFACTION OF DEBT FOR A DEED OF TRUST DATED XX/XX/XXXX THAT DOES NOT EXIST, TERMINATING THE SECURITY INTEREST OF CREDITORS BY XXXX XXXX XXXXXXXX XXXX, SUCCESSOR TO XXXX XXXX XXXX XXXX  BY ATTORNEY IN FACT, XXXXXXXX XXXX XXXXXXXX XXXX, NO POWER OF ATTORNEY EVER RECORDED. XXXX XXXX SERVICES DELETED THIS LOAN FROM THERE RECORDS CLAIMING ITS NOW HANDLED BY A XXXX PARTY LIEN RELEASE DEPARTMENT DUE TO FULL PAYOFF OF CORPORATE ADVANCES. NO RECORD OF LOAN OR MY PHONE NUMBER ANYMORE, XXXX XXXX IS A ROBO FAX NUMBER. SOMEONE STOLE EVERY XXXX OF MY HOME EQUITY MORE THAN DOUBLE.","date_sent_to_company":"2024-06-17T21:34:46.000Z","issue":"False statements or representation","sub_product":"I do not know","zip_code":"773XX","tags":null,"has_narrative":true,"complaint_id":"9227724","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Lennar Financial Services, LLC","date_received":"2024-06-12T00:14:30.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["SERVICERS RESPONSE SAID XXXX FORECLOSURE DID NOT START UNTIL XXXX CONTRADICTS WITH XXXX SALE NOTICE THAT FORCED ME INTO XXXX  XXXX BANKRUPTCY, SERVICER CLAIMS NOT ATTEMPTING TO COLLECT ON A DEBT THAT WAS DISCHARGED FROM BANKRUPTCY ON XX/XX/XXXX THAT I AM NOT LIABLE FOR, SERVICER CLAIMS MERELY COLLECTING ON A DEBT TO ENFORCE A <em>LIEN</em> ON A <em>SECURITY</em> <em>INSTRUMENT</em> THEY ARE ENTITLED TO, WHICH CONTRADICTS TITLE RECORDS SHOWING NO <em>LIEN</em> RECORDED BY THEM."]},"sort":[14.505537,"9227724"]},{"_index":"complaint-public-v1","_id":"4965301","_score":13.883404,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX 2021 I the natural person and consumer when to XXXX XXXX XXXX. Located at XXXX XXXX XXXX, XXXX ohio XXXX ; looking to purchase a vehicle primarily for personal, family, and household purposes using my open ended consumer credit plan as defined in truth in lending 15 usc 1602 ( j ) regulated by regulation z. I was told that I had to do a credit application and if I wanted the car that I was looking to acquire but wasnt ready I would have to put a deposit down that would be converted to a down payment once I purchase the car which it was noted in ( exhibit 4 ( left image ). Once I returned to finish the purchase on XXXX XXXX 2021 I was given a credit application from XXXX XXXX XXXX XXXX ) which I filled out along with my social security number that was requested/demand in order for them to allegedly run my credit. According to the social security administration www.ssa.gov/ssnumber/ ( A Social Security number is important because you need it to get a job, collect Social Security benefits and get some other government services ). When looking to purchase the vehicle I was not applying for a job, collecting social security benefits, or government services. So why was my number needed? After I filled out the information the male individual at the dealership ( not sure of his status ) pulled my credit report then sent my credit report to XXXX XXXX at lendmark Financial services llc. I was then told by the XXXX at XXXX XXXX that I had to go to Lendmark Financial services ( about XXXXminute drive away ) to sign more documents. I was and still am confused as to why I had to go there when I had no intentions on doing business with no one else but XXXX XXXX. Once I got to transportation outlet I was told to sit and sign some documents ( electronically ) so I could not take the docs home to review them. The forms that were presented I believe where false and misleading pursuant to 15 usc 1692e using unlawful tactics and unlawful wording to coerce payment of an alleged debt. Entire contract is uploaded as well labeled ( Lendmark deceptive agreement and Exhibits ) also violating 15 united states code 1. After I was done being coerced to sign the deceptive forms there was no other party that was signing the agreement except for the person who signed as just acknowledging that I have reviewed the document ( XXXX XXXX ) which is just an employee and not a authorized signer which could only be the registered agent. So with out a meeting of the minds and 2 valid signatures I have reason to believe and do so believe that there is fraud associated with this alleged loan due to being incomplete. After reviewing my documents I realized that there was another application for credit labeled ( Exhibit A ) ; XXXX XXXX has the first credit application ( chattel paper ). This exhibit clearly states im applying for credit but the lender converted it to a loan by misrepresentations. Under Exhibit B the lender has there name stated as the lender but not creditor pursuant to 16 cfr 433.1 ( c ), and does not show XXXX XXXX as the seller pursuant to 16 cfr 433.1 ( J ). I am the consumer in fact. Below on Exhibit B it shows that I am giving security interest. What is the security that I give? It was never disclosed to me. I was not given proper informed use of my credit pursuant to 15 usc 1601 or all proper disclosures clearly and conspicuously pursuant to 12 cfr 226.5. On the promissory note/ security agreement there is no other signature but mine. So I have reason to believe and do so believe that the document that I have is noting more than a consumer credit contract pursuant to 16 cfr 433.1 ( I ) which is an instrument which evidences or a debt arising from a purchase money loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of 16 cfr 433.1 is it not? As I sat in the chair at the front of lendmark Financial services offices I have reason to believe and do so believe that I asked the employee what does it mean by secured obligations I highlighted on Exhibit C and I have reason to believe and do so believe that I was told that the vehicle was the security which left me more confused as to if that is the case then why was my social security number needed. So I ask again is the vehicle the security or the number the security and why are or where they both needed? Following that statement the document began to display more federal violations to coerce payment which are labeled 15 usc 1692e ( 4 ), 15 usc 1692e ( 12 ) and 18 usc 8. As noted at the bottom of the page this states this is a consumer credit contract ( not a loan ) and I have to right to assert claims and defenses against the seller ( XXXX XXXX ) pursuant to 16 cfr 433.2. Exhibit D ( 1 ) - D ( 3 ) I dont agree to the arbitration clause and I intentional scrolled past it and the employee went back and clicked in my signature where I intentionally left blank. Further more in Exhibit E all of the insurance they claim was optional but I was forced to purchase my own outside of the contract with progress and was told to make them the lien holder on the vehicle when the insurance was supposed to be included in the finance charge pursuant to 15 usc 1605. On Exhibit F I specifically told the employee that providing that personal information about others is against the law and violating peoples right to privacy and he told me I have to put down at least XXXX and that is their policy ; event though company policy does not supersede federal law. Exhibit G shows how Lendmark financial services shows blatant disregard of federal law stating they can report late payments and other credit information violating the fair credit reporting act. Exhibit H is another form that was presenting false and misleading information in direct violation of the XXXX XXXX XXXX act which is the right of privacy. They coerce me to give up that right they can sell and market my personal information for their financial gain. All through out this contract they continue to refer to me as the borrower when in fact I am the consumer and nature person extending the credit to this lender so they can use it as relief from the current chapter XXXX bankruptcy that the country is currently under. If I am not the extender of credit where does the lender ( business ) gets the funds or credits from? Under Exhibit J is says that there would be a loan proceeds that I should pick up at the branch location I received a letter of credit ( not a loan ) also a {$15.00} check in the mail that I have no clue as to what it is as displayed in ( exhibit 4 ( right image ). What is it for?\n\nUpon completing the paper work I was told to go back ( 30 minutes ) to XXXX XXXX to pick up the bill of sale, give them the letter of credit, and pick up the car. The bill of sale I got from XXXX XXXX reflects a that below the vehicle description The above vehicle is guaranteed by seller to be free and clear of all liens and encumbrances but in the next box below it shows the Lien would be Lendmark Financial Services. As the consumer I am challenging the accuracy and integrity of the disclosers and I have reason to believe and do so believe my social security number was coerced from me by both persons ( Lendmark Financial Services and XXXX ) to be used to create a trust indenture to extract federal funds from my estate. This is a direct federal violation of 15 usc 1. Yesterday at or around 10 to 10:15 pm an unauthorized third party by the name of XXXX XXXX was sent to steal my property from a friends drive way on XXXX XXXX, in XXXX XXXX ohio. The vehicle is currently located at XXXX XXXX XXXX, XXXX ohio XXXX at the impound lot. This is a federal violation of 12 cfr 1006 ( 15 usc 1692 ). I do plan to pursue major litigation to the highest extent in district court with all of my documentary evidence on both parties if I do not have my property and title released to me within the next 7 days. Pursuant to ucc 3-302 I acted in good faith and the other person ( s ) involved did not. I have reason to believe and do so believe the other persons acted in bad faith with the sole purpose to defraud me of securities, federal funds, and property for financial gain. I also have reason to believe and do so believe that this pursuant to 15 usc 77b-1 because the term security is any note, stock, treasury stock XXXX security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. 15 usc 77b-a. This is you alls opportunity to cure return my property immediately. In closing i attempted to rectify this situation via attorney general but dealer refused to correct the issue so I had no choice but to escalate my efforts to recover what rightfully belongs to me, now that my means of traveling was stolen unlawfully to me. I demand a written response at your earliest convivence.","date_sent_to_company":"2021-12-02T05:24:22.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"44111","tags":null,"has_narrative":true,"complaint_id":"4965301","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Lendmark Financial Services","date_received":"2021-12-02T00:04:16.000Z","state":"OH","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["interest in oil, gas, or <em>other</em> mineral rights, any put, call, straddle, option, or privilege on any <em>security</em>, certificate of deposit, or group or index of <em>securities</em> ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national <em>securities</em> exchange relating to foreign currency, or, in general, any interest or <em>instrument</em> commonly known as a <em>security</em>, or any certificate of interest or participation in, temporary or interim"]},"sort":[13.883404,"4965301"]},{"_index":"complaint-public-v1","_id":"4443630","_score":13.80093,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"In XX/XX/XXXX, I entered in an agreement that I know now to be fraudulent and predatory. I needed the money to escape a bad marriage and secure housing for myself and my daughter. The loan amount was XXXX  of which I personally received XXXX. As of today, the remaining alleged amount due is XXXX. How after 3 years is the balance still close to the original balance? Additionally, I entered into this loan agreement by having to secure my auto title and releasing it to One Main financial. In XXXX, the car became inoperable, it had been sitting in my driveway for some time because I could not get One Main to release the lien on the vehicle so I could sell the car and obtain a new one to get to and from work and get my child to school. After several calls and multiple emails which are attached, they finally agreed to release the lien on the vehicle. I had even asked at one point that they remove the reporting of the transactions to the credit bureaus and was told they were obligated to report it. I tried to secure a new loan with them to assist with financial difficulty the entire situation had caused, my loan request was denied as well. So, they had violated, 15 usc 1605 determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n( 2 ) Service or carrying charge.\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed.\n\n( b ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges unless ( 1 ) the coverage of the debtor by the insurance is not a factor in the approval by the creditor of the extension of credit, and this fact is clearly disclosed in writing to the person applying for or obtaining the extension of credit ; and ( 2 ) in order to obtain the insurance in connection with the extension of credit, the person to whom the credit is extended must give specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof.\n\n( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction.\n\n( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.\n\n( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness.\n\n( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. \n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n( f ) Tolerances for accuracy In connection with credit transactions not under an open end credit plan that are secured by real property or a dwelling, the disclosure of the finance charge and other disclosures affected by any finance charge ( 1 ) shall be treated as being accurate for purposes of this subchapter if the amount disclosed as the finance charge ( A ) does not vary from the actual finance charge by more than {$100.00} ; or ( B ) is greater than the amount required to be disclosed under this subchapter ; and ( 2 ) shall be treated as being accurate for purposes of section 1635 of this title if ( A ) except as provided in subparagraph ( B ), the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one-half of one percent of the total amount of credit extended ; or ( B ) in the case of a transaction, other than a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, which ( i ) is a refinancing of the principal balance then due and any accrued and unpaid finance charges of a residential mortgage transaction as defined in section 1602 ( w ) 1 of this title, or is any subsequent refinancing of such a transaction ; and ( ii ) does not provide any new consolidation or new advance ; if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to XXXX percent of the total amount of credit extended. \nAdditionally, under 15 usc 1681b Permissible Purposes of Consumer Reports ( a ) IN GENERAL ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) in accordance with the written instructions of the consumer to whom it relates. \nI, XXXX XXXX, have never provided written permission to any credit reporting agency to report any item on my consumer report. \nI am demanding payment for all interest and payments made on this account and payment for all violations of federal law as it relates to this account as 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