{"took":294,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":638,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"6359114","_score":26.796196,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"The truth to facts of the secondary mortgage is that a Beneficiary Seller Agent, which prepared a Sales Contract, Promissory Note Agreement of the Buyer, unlawfully converted the Promissory Note Agreement, that is a Substitute for Cash, into a Investment Deed of Trust Contract, in favor of the Beneficiary Seller Agent, by legal fraud. \nThe undisclosed principal trustee, custodial cestui que trust, or SSN, has property interest in a financial public revenue unit asset note, and it is a violation of real property rights of the absolute trustee for an agent to hold, transfer, or deal with the financial asset interest. \nA authorized, licensed dealer representative of State, is defaming a natural person trustee character, by giving false reports on credit, as if it is a Beneficiary Seller Bank 's credit, and Debasing a Legal Persons Promissory Note, blank endorsement, by extortion of credit. \n\nThis common law of agency, undisclosed principal scheme, hides who is the trustee, along with the original note that shouldve zero balanced out the commercial paper transaction, credit sales contract. \nDeceptive or fraudulent security exchange business practices is when a seller or buyer agent, makes or induces others to rely on a false or misleading written statement for the purpose of obtaining contractual property, promissory note agreement, security interest or credit. \nPUBLIC AUTHORITY IS SUPPOSE TO PROTECT THE PUBLIC INTEREST, NOT IMPAIR SSN CONTRACTS","date_sent_to_company":"2022-12-24T21:24:39.000Z","issue":"Fraud or scam","sub_product":"Money order","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"6359114","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2022-12-24T21:13:32.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["The undisclosed principal <em>trustee</em>, custodial cestui que <em>trust</em>, or SSN, has <em>property</em> interest in a financial public revenue unit asset note, and it is a violation of real <em>property</em> rights of the absolute <em>trustee</em> for an agent to hold, transfer, or deal with the financial asset interest."]},"sort":[26.796196,"6359114"]},{"_index":"complaint-public-v1","_id":"6359068","_score":26.796196,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"The truth to facts of the secondary mortgage is that a Beneficiary Seller Agent, which prepared a Sales Contract, Promissory Note Agreement of the Buyer, unlawfully converted the Promissory Note Agreement, that is a Substitute for Cash, into a Investment Deed of Trust Contract, in favor of the Beneficiary Seller Agent, by legal fraud. The undisclosed principal trustee, custodial cestui que trust, or SSN, has property interest in a financial public revenue unit asset note, and it is a violation of real property rights of the absolute trustee for an agent to hold, transfer, or deal with the financial asset interest. A authorized, licensed dealer representative of State, is defaming a natural person trustee character, by giving false reports on credit, as if it is a Beneficiary Seller Bank 's credit, and Debasing a Legal Persons Promissory Note, blank endorsement, by extortion of credit. This common law of agency, undisclosed principal scheme, hides who is the trustee, along with the original note that shouldve zero balanced out the commercial paper transaction, credit sales contract. Deceptive or fraudulent security exchange business practices is when a seller or buyer agent, makes or induces others to rely on a false or misleading written statement for the purpose of obtaining contractual property, promissory note agreement, security interest or credit. PUBLIC AUTHORITY IS SUPPOSE TO PROTECT THE PUBLIC INTEREST, NOT IMPAIR SSN CONTRACTS","date_sent_to_company":"2022-12-24T21:48:22.000Z","issue":"Other transaction problem","sub_product":"Domestic (US) money transfer","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"6359068","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2022-12-24T21:39:05.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["The undisclosed principal <em>trustee</em>, custodial cestui que <em>trust</em>, or SSN, has <em>property</em> interest in a financial public revenue unit asset note, and it is a violation of real <em>property</em> rights of the absolute <em>trustee</em> for an agent to hold, transfer, or deal with the financial asset interest."]},"sort":[26.796196,"6359068"]},{"_index":"complaint-public-v1","_id":"2272917","_score":26.65088,"_source":{"product":"Mortgage","complaint_what_happened":"Bank of America is guilty of conducting Trustee 's Sales without the authority to do so. In this instance, Bank of America has failed to secure the XXXX Grant Deed with the subject property. Therefore, Bank of America and the current trustee, XXXX ( XXXX ), can not collect any existing debt through the sale of my home and private property. Furthermore, while there is evidence of an existing Grant Deed of XXXX through a recorded document, neither myself or Bank of America have been conducting transactions under ther terms of the XXXX Deed of Trust. Therefore, no default can be had or may be claimed on the XXXX Deed of Trust. Just to be clear, neither Bank of America or XXXX hold the power of sale under the XXXX Trust Deed in which the XX/XX/XXXX Notice of Default ( NOD ) and the XX/XX/XXXX Notice of Trustee Sale ( NTS ) has been associated with and recorded. And now, from this point forward, Bank of America and XXXX can not claim ignorance as to this fact and any action from this date forward will be fraudulent in nature and scope as well as evidence of a Racketeer Influenced Corrupt Organization ( RICO ) banking, mortgage, and real estate enterprising scheme intended to defraud honest, law abiding, and unsuspecting good folk of their homes. \n\nTrust Deed ( Deed of Trust ) is a written instrument by which title to land is transferred to a trustee as security for a debt or other obligation. \n\nUniform Commercial Code Financing Statement ( UCC FINANCING STMT ) is a mortgage or security agreement using personal property as the collateral. These agreements are recorded in county if real property is affected. \n\nTrustee 's Deed is a Deed given by the trustee when property is sold under the power of sale in a trust deed. \n\nSince beginning the loss mitigation process with my request for mortgage assistance ( RMA ) in XX/XX/XXXX, Bank of America has done everything to separate me from my home.rather than actually offer mortgage assistance as required and in accordance with the agreed upon court ordered terms of the National Mortgage Settlement ( NMS ). Bank of America continues to refuse to make the requested corrections of the errors made knoen to them during the loss mitigation process. \n\nAll previously mentioned resolutions for the injury and harm caused are desired and mandatory. \n\nI did not default on Bank of America ; Bank of America defaulted on me!","date_sent_to_company":"2017-01-03T13:42:13.000Z","issue":"Loan modification,collection,foreclosure","sub_product":"Other mortgage","zip_code":"92114","tags":null,"has_narrative":true,"complaint_id":"2272917","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2017-01-03T13:42:13.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["<em>Trust</em> Deed ( Deed of <em>Trust</em> ) is a written instrument by which title to land is transferred to a <em>trustee</em> as <em>security</em> for a debt or other obligation. \n\nUniform Commercial Code Financing Statement ( UCC FINANCING STMT ) is a mortgage or <em>security</em> agreement using personal <em>property</em> as the collateral. These agreements are recorded in county if real <em>property</em> is affected. \n\n<em>Trustee</em> 's Deed is a Deed given by the <em>trustee</em> when <em>property</em> is sold under the power of sale in a <em>trust</em> deed."]},"sort":[26.65088,"2272917"]},{"_index":"complaint-public-v1","_id":"5754240","_score":26.27656,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"The Undersigned having full control of Trust revokes all permissions to the Government and/or any political subdivisions/Organizations to use copyrighted TRUST name XXXX XXXX XXXX or trust in any fashion excep1 by explicit written request/order in direction otherwise. Said name belongs to Trust in operation by trustees wherein the government/agencies thereof have no control as Trustee/Secured Party/Bailee having full mental capacity and ability to contract as well as natural right to trust holds a common-law trade-name, trademark, XXXX XXXX XXXX as authorized representative ( Attorney-In-Fact ), as well as established validity of the Power of Attorney by continual non-contested use. The Private Offset Account established in the name of TRUST is the property of TRUST as well as any value that has been deposited in Private Offset Account is the property of TRUST, as any such value was created from the credit thereof. Account will remain in effect with appointment of fiduciary by Form XXXX. \n\nThe Placing of an Unlawful or Improper XXXX, XXXX, Impoundment, or Garnishment against any funds, bank accounts, savings, accounts, XXXX! XXXX funds, investment funds, social security funds, intellectual property, or any other property belonging to the XXXX XXXX by any agency :","date_sent_to_company":"2022-07-10T19:00:56.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"94610","tags":null,"has_narrative":true,"complaint_id":"5754240","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2022-07-10T19:00:50.000Z","state":"CA","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["XXXX funds, investment funds, social <em>security</em> funds, intellectual <em>property</em>, or any other <em>property</em> belonging to the XXXX XXXX by any agency :"]},"sort":[26.27656,"5754240"]},{"_index":"complaint-public-v1","_id":"13271362","_score":25.79038,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/year> XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA, XXXX XXXX ( XXXX ) XXXX PNC BANK NA - Escalation Department XXXX XXXX XXXX XXXX XXXX XXXX  Subject : Request for Trustee Substitution Under California Civil Code 2934a , Article 28 of the Deed of Trust, FXXXX XXXX XXXX  Guidelines , and Consumer Financial Protection Laws Dear XXXX XXXX : I am writing to formally request the substitution of the current trustee managing the potential foreclosure of the property located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX currently encumbered by the XXXX XXXXbacked Deed of Trust XXXX for which I am the primary borrower and benefactor of the XXXX XXXX Revocable Borrower Acknowledment. \n\nIt has come to my attention that the XXXX XXXX XXXX XXXX formally defaulted on the Deed of Trust of the primary borrower on XX/XX/year>, and currently owes the lender {$25000.00}. Additionally, this situation has clouded the title by removing XXXX XXXX XXXX from ownership of the Deed of Trust at the XXXX XXXX XXXX XXXX, raising serious concerns about transparency, borrower rights, and the integrity of the foreclosure process. \n\nUnder XXXX XXXX  XXXX XXXX, the lender ( beneficiary ) has the authority to appoint a new trustee to oversee the foreclosure sale. Given the circumstances, I respectfully request that PNC Bank NA designate a new trustee independent of the defaulting successor trustee, XXXX XXXX XXXX XXXX to ensure compliance with foreclosure laws and borrower protections. \n\nFurthermore, because this loan is backed by Fannie Mae, foreclosure proceedings must comply with XXXX XXXX XXXXXXXX XXXX, including Part D of the Servicing Guide, which outlines lender responsibilities in foreclosure and title management available here. These guidelines require servicers to ensure fairness in trustee appointments, foreclosure proceedings, and title disputes affecting borrower rights. The improper removal of the primary borrowers ownership interest, combined with the trustees default, must be corrected immediately to restore compliance. \n\nUnder Consumer Financial Protection Laws, including Regulation X ( 12 CFR Part 1024 ) of the Real Estate Settlement Procedures Act ( RESPA ) and the Dodd-Frank Act, lenders must ensure foreclosure actions are conducted fairly and prevent wrongful trustee appointments or foreclosure misconduct. The Consumer Financial Protection Bureau ( CFPB ) mandates servicers to take corrective action when borrower rights are impacted. \n\nPursuant to the Deed of Trust at Article XXXX lender may, from time to time appoint appoint a Successor Trustee to any Trustee appointed under this security interest by an instrument executed and acknowleged by Lender and recorded in the office of Borrower, the instrument number on the book and page where this Security Instrument is recorded and the name of the original lender, Trustee and the name and address of successor trustee without conveyance of the property, successor trustee will suceed to a rights, title, power and duties conferred upon Trustee in this Security Instrument and by Applicable Law. This procedure for substitution of Trustee will govern to the exclusion of other provisions for substitution. \n\nPlease note XXXX XXXX : I brought this remedy before you in XX/XX/year>, and your written correspondence did not address my request. Article XXXX means that the successor trustee will inherit all the rights, title, powers, and duties of the previous trustee without needing a formal property transfer or deed conveyance. In other words, the successor trustee takes over control of the trust and its assets automatically, rather than having to file additional documents to legally transfer ownership. \n\nEnforcement of Article 28 could avoid a foreclosure with the listing of my home and other remedies to be determined by PNC Bank NA.\n\nAdditionally, I have requested from you that the Legal Department handle my loan to ensure any further unfounded delays in this matter and it appears that occurred with my Article XXXX request in XXXX. \n\nRequest for Title Correction Due to the improper removal of XXXX XXXX XXXX from ownership of the Deed of Trust, I formally request that the title be corrected and restored at the XXXX XXXX XXXX XXXX. However, pursuant to Article 28 of the Deed of Trust a Title Correction would not require a formal property transfer.\n\nTo ensure a timely resolution, I request written confirmation from PNC Bank NA regarding : The immediate substitution of the trustee, per California Civil Code 2934a. \n\nCorrective actions for the title dispute to restore the rightful owners interest, if applicable. \n\nForeclosure compliance measures aligned with Fannie Mae and CFPB guidelines. \n\nPlease provide confirmation within XXXX ( XXXX ) calendar days of receipt of this request. I appreciate your prompt attention and look forward to your response. \n\nYou may contact me at XXXX XXXX XXXX XXXX XXXX XXXX if further information is required. \n\nThank you for your continued professional courtesy, XXXX XXXX XXXX Primary Trustor and Beneficiary of the XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2025-05-01T00:09:55.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"92262","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"13271362","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2025-04-30T23:14:31.000Z","state":"CA","company_public_response":null,"sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["Pursuant to the Deed of <em>Trust</em> at Article XXXX lender may, from time to time appoint appoint a Successor <em>Trustee</em> to any <em>Trustee</em> appointed under this <em>security</em> interest by an instrument executed and acknowleged by Lender and recorded in the office of Borrower, the instrument number on the book and page where this <em>Security</em> Instrument is recorded and the name of the original lender, <em>Trustee</em> and the name and address of successor <em>trustee</em> without conveyance of the <em>property</em>, successor <em>trustee</em> will suceed"]},"sort":[25.79038,"13271362"]},{"_index":"complaint-public-v1","_id":"7978063","_score":25.532892,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction.\n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, and the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy as beneficiary, a man ; I provide this written request and instruction to remove the late payments in the following adversely reported items and the listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Equifax XXXX XX/XX/2022 Equifax XXXX XXXX Equifax XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. The National Credit Reporting Agencies as fiduciaries, have a duty to loyalty, duty to disclosure, duty to prudence, and duty to good faith with regard to the beneficiary.\n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.\n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Equifax, XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumers Beneficiary. I have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax, XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Equifax, XXXX, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Equifax, XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit.\n\nOliver v. Piatt, 44 U.S. 333 ( 1845 ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice.\n\nMay v. Le Claire, 78 U.S. 217 ( 1870 ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. Cook v. Tullis, 85 U.S. 18 Wall. 332 332 ( 1873 ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States\nof America that the foregoing is true and correct. Title 28 U.S. Code 1746.","date_sent_to_company":"2023-12-10T21:42:49.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28173","tags":null,"has_narrative":true,"complaint_id":"7978063","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-10T21:42:45.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[25.532892,"7978063"]},{"_index":"complaint-public-v1","_id":"7978459","_score":25.481232,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction.\n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, and the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy as beneficiary, a man ; I provide this written request and instruction to remove the late payments in the following adversely reported items and the listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : 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  Experian XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian 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 Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. The National Credit Reporting Agencies as fiduciaries, have a duty to loyalty, duty to disclosure, duty to prudence, and duty to good faith with regard to the beneficiary.\n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.\n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, XXXX, and Experian are consumer reporting agencies and I am the Consumers Beneficiary. I have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, Experian, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit.\n\nOliver v. Piatt, 44 U.S. 333 ( 1845 ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice.\n\nMay v. Le Claire, 78 U.S. 217 ( 1870 ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. Cook v. Tullis, 85 U.S. 18 Wall. 332 332 ( 1873 ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746.","date_sent_to_company":"2023-12-10T21:42:49.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28173","tags":null,"has_narrative":true,"complaint_id":"7978459","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-12-10T21:42:45.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[25.481232,"7978459"]},{"_index":"complaint-public-v1","_id":"9081688","_score":25.283678,"_source":{"product":"Credit card","complaint_what_happened":"On XX/XX/24 and XX/XX/24 I mailed a letter of my notice of equitable interest to Synchrony Bank. I emailed Synchrony Bank to ask for certain accounting files based on me being the beneficiary to the transaction on XX/XX/24. Still no response as of today. I have a credit card with them. Today I am coming to correct the relationship. Whoever has the legal title to the trust property is considered trustee. If there is not a trustee whoever has legal title can be trustee. Equity regards the beneficiary as the true owner. Equity knows no time. This is a constructive trust matter been Synchrony Bank/Paypal and XXXX XXXX XXXXXXXX XXXX XXXX IRS explains it here XXXX XXXX XXXX XXXX XXXX. A trust occurs when property is held for another. Property is being held in this relationship Synchrony Bank/Paypal and XXXX XXXX XXXX XXXX XXXX. Everything is property so everything is trust. Let 's explain it. \n\nBanks or Credit Unions get a title for a vehicle to hold as collateral property for someone to repay a loan. The etymology of repay means pay twice. This essentially means something is already paid. However, once Credit Unions or banks receive the title they're automatically the trustees. Which means they have to uphold their duties. I am compelling the trustees to perform their duties. Your duties as trustees include : Disclosure to Beneficiaries, Duty to Maintain an Even Hand, Duty to Avoid Conflicts and Act Exclusively for the Benefit of the Beneficiaries, A trustee can not personally profit from their dealings with the trust property, A trustees job is to manage the trust property responsibly for the beneficiaries in accordance with the trust instrument. A trustee has a fiduciary duty to act in the best interests of both current and future beneficiaries of the trust and can be held personally liable for any breach of that duty. \n\nEquity regards the beneficiary as owner. Since Synchrony Bank/Paypal have legal title and I have equitable title to XXXX XXXX XXXX Social Security Trust/Cestui que trust this further makes them the trustees. Asking me to repay is not coming with clean hands. He who comes into equity must come with clean hands. I'm coming wit clean hands and good faith. Also, asking us to repay a debt and adding interest that is held in trust that I'm the beneficiary of is a violation of your duty because a trustee can not personally profit from their dealings with the trust property. This is a breach of fiduciary duty. Initially Im the settlor/absolute equitable owner who created the trust and transferred the legal title to the trustee and acted as beneficiary and continued to have equitable title. If we're giving Synchrony Bank/Paypal access to hold on to my property how could you ask us to repay? \n\nAt this time we're notifying that you're in possession of the trusts property and now we're notifying you of the equitable interest of the XXXX XXXX XXXX XXXX XXXX. Although you may have legal title we are asserting our equitable title. Please proceed accordingly. As beneficial owner, I have dominion over all rights/interest of XXXX XXXX XXXX XXXX all enjoyments, proceeds, titles, deeds, bonds, chattel papers and securities are due unto me as I have the right of subrogation as the holder in due course. \n\nAs per our right to accounting and to clarify this relationship please provide me with the following comprehensive documentation The Notice of Assignment The Deed of Assignment The original executed agreement A full statement of account as per GAAP guidelines Confirmation upon your chose The default notice Certificated security instrument issued by the United States to show proof of possession over the XXXX XXXX XXXX for subrogation rights Can you or the corporations making fraudulent reports show proof of possession of the original negotiable instrument in order to enforce the instrument? Can you Show proof the original note was not destroyed voluntarily by way of securitization discharging all debt? \nClaiming there is an alleged debt when the Bill/note was destroyed by way of securitization therefore fully discharging all debt between parties according to U.C.C 3-604 ( 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. This is fraud and misrepresentation of the material facts, the character and legal amount of debt. This is an ultra vires act, usurping powers that are not within your charter/Bond nor authorized by law. Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entities party deceived to avoid contract or recover damages. XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX F XXXX XXXX. XXXX XXXX XXXX said : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked to often. XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX WHEREAS As all government entities and alleged private corporations must be a creature of the American Constitution, this is a formal Request and Command for you to produce for the record, the Legislative Act that created your Authority to enforce an instrument you are not in possession of, or to enforce an instrument that was destroyed by way of securitization a voluntary act to discharge all debt. Prove your authority to legislate over the Precedent Vested Landed Estate [ XXXX XXXX XXXX ] Private Property of XXXX XXXX XXXX XXXX XXXX  Take notice that a de facto basis for powers of authority is not sufficient in this matter. Failure to provide proof of your de jure authority appointed from the Executor Office of the Precedent XXXX XXXX XXXX [ XXXX XXXX XXXX ] of the XXXX XXXX XXXXXXXX XXXX XXXX constitutes your actions as ultra vires and by operation of law your Charter is dissolved by usurping powers you do not have, a trust arises, and I become beneficiary of said trust. \n\nAttached you will find your fraud of securitizing the note in your annual report. \n\nIf you choose not to uphold your trustee duties we will have no other choice but to file a 3949a with the IRS to audit the accounts since this is a tax problem. I will also file a bill in equity along with a breach of fiduciary duty in federal court and/or arbitration.","date_sent_to_company":"2024-05-23T21:07:03.000Z","issue":"Fees or interest","sub_product":"General-purpose credit card or charge card","zip_code":"31707","tags":null,"has_narrative":true,"complaint_id":"9081688","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-05-23T20:47:29.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with fees"},"highlight":{"complaint_what_happened":["Your duties as <em>trustees</em> include : Disclosure to Beneficiaries, Duty to Maintain an Even Hand, Duty to Avoid Conflicts and Act Exclusively for the Benefit of the Beneficiaries, A <em>trustee</em> can not personally profit from their dealings with the <em>trust</em> <em>property</em>, A <em>trustees</em> job is to manage the <em>trust</em> <em>property</em> responsibly for the beneficiaries in accordance with the <em>trust</em> instrument."]},"sort":[25.283678,"9081688"]},{"_index":"complaint-public-v1","_id":"8080377","_score":24.787197,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction.\n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, a man ; I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the XXXXXXXX XXXX XXXX XXXX or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) inquiries XXXX XXXX XXXX Inquired on XXXX XXXX XXXX XXXX Inquired on XXXX XXXX XXXX XXXX Inquired on XXXX XXXX XXXX Inquired on XXXX XXXX XXXX XXXX Inquired on 04/05/2022 Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report.\n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.\n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Equifax, XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumers Beneficiary.\n\nI have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax, XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. \n\nAny and all consent to Equifax, XXXX, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) provides the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The listed accounts and inquiries are between the consumer and the reporter of adverse items without notice or my permission, undermine regulatory exclusions for reporting, which produce an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Equifax, XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts, chose-in-action by beneficiaries, equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit. \nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice. \nXXXX v. XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746. \n\n\nXXXX XXXX XXXX XXXXr Living Soul , Beneficiary Non-person, Non-Statutory, All rights reserved. ( E-sign Act ) Date:XXXX","date_sent_to_company":"2023-12-29T23:47:08.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28306","tags":null,"has_narrative":true,"complaint_id":"8080377","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-29T22:59:36.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.787197,"8080377"]},{"_index":"complaint-public-v1","_id":"7978447","_score":24.787197,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction. \n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, and the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy as beneficiary, a man ; I provide this written request and instruction to remove the late payments in the following adversely reported items and the listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX inquiries XXXX XX/XX/2022 XXXX XXXX XX/XX/2022 XXXX XXXX XX/XX/2022 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/2022 TransUnion XXXX XXXXXXXX XXXX XXXX XXXX  TransUnion XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XX/XX/2022 XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XX/XX/2022 TransUnion Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. The National Credit Reporting Agencies as fiduciaries, have a duty to loyalty, duty to disclosure, duty to prudence, and duty to good faith with regard to the beneficiary.\n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.\n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, Transunion, XXXX, and XXXX are consumer reporting agencies and I am the Consumers Beneficiary. I have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, Transunion, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, Transunion, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Transunion, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee. \n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit.\n\nOliver v. Piatt, 44 U.S. 333 ( 1845 ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice.\n\nMay v. Le Claire, 78 U.S. 217 ( 1870 ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. Cook v. Tullis, 85 U.S. 18 Wall. 332 332 ( 1873 ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746.","date_sent_to_company":"2023-12-10T21:42:40.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28173","tags":null,"has_narrative":true,"complaint_id":"7978447","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-10T21:27:24.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.787197,"7978447"]},{"_index":"complaint-public-v1","_id":"8080346","_score":24.757425,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX XXXX XXXX ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction.\n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, a man ; I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report.\n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation. \n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, Transunion, XXXX, and XXXX are consumer reporting agencies and I am the Consumers Beneficiary. \n\nI have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, Transunion, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. \n\nAny and all consent to XXXX, XXXX, Transunion, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) provides the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The listed accounts and inquiries are between the consumer and the reporter of adverse items without notice or my permission, undermine regulatory exclusions for reporting, which produce an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Transunion, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee. \n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts, chose-in-action by beneficiaries, equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit. \nXXXX XXXX XXXX, 44 U.S. 333 ( 1845 ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice. \nXXXX v. XXXX XXXX, 78 U.S. 217 ( 1870 ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. XXXX XXXX XXXX, 85 U.S. 18 Wall. 332 332 ( 1873 ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746. \n\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Non-person, Non-Statutory, All rights reserved. ( E-sign Act ) XXXX","date_sent_to_company":"2023-12-29T23:47:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28306","tags":null,"has_narrative":true,"complaint_id":"8080346","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-29T23:47:12.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.757425,"8080346"]},{"_index":"complaint-public-v1","_id":"8080345","_score":24.757425,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX XXXX XXXX ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction. \n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, XXXX XXXX XXXX I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. \n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation. \n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, XXXX, and Experian are consumer reporting agencies and I am the Consumers Beneficiary.\n\nI have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. \n\nAny and all consent to XXXX, Experian, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) provides the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The listed accounts and inquiries are between the consumer and the reporter of adverse items without notice or my permission, undermine regulatory exclusions for reporting, which produce an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, Experian, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts, chose-in-action by beneficiaries, equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit. \nXXXX XXXX XXXX, 44 U.S. 333 ( 1845 ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice.\n\nXXXX XXXX XXXX XXXX, 78 U.S. 217 ( 1870 ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. XXXX XXXX XXXX, 85 U.S. 18 Wall. 332 332 ( 1873 ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746. \n\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX Beneficiary Non-person, Non-Statutory, All rights reserved. ( E-sign Act ) XXXX","date_sent_to_company":"2023-12-29T23:47:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28306","tags":null,"has_narrative":true,"complaint_id":"8080345","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-12-29T23:47:12.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.757425,"8080345"]},{"_index":"complaint-public-v1","_id":"2969530","_score":24.629747,"_source":{"product":"Debt collection","complaint_what_happened":"NATIONSTAR ( AS AN ALLEGED MASTER SERVICER OF A REMIC TRUST AND ALLEGED ATTORNEY IN FACT OF THE SAME REMIC TRUST ) CONTINUALLY ATTEMPTS TO COLLECT AN ALLEGED DEFAULTED DEBT ON BEHALF OF ( AS AGENT ) XXXX XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE OF AN UNKNOWN REMIC TRUST. \n\nXXXX XXXX XXXX XXXX XXXX XXXX IS NAMED ON ALL COUNTY RECORDED DOCUMENTS, AS THE TRUSTEE OF AN UNKNOWN REMIC TRUST. \n\nXXXX XXXX XXXX XXXX XXXX XXXX DOESN'T APPEAR ON THE XXXX XXXX HIERARCHY ( FDIC AND NIC ) AS A LAWFUL ENTITY OR AN ASSOCIATE OF THE XXXX XXXX FAMILY. \n\nXXXX XXXX XXXX XXXX XXXX XXXX DOESN'T APPEAR ON THE CALIFORNIA SECRETARY OF STATE REGISTRY AS A BONA FIDE LAWFUL ENTITY. \n\nXXXX XXXX XXXX XXXX XXXX XXXX DOESN'T APPEAR ON THE \" SEC REGISTRY '' AS A BONA FIDE TRUSTEE OF ANY REGISTERED REMIC TRUST. \n\nNATIONSTAR FOR THE LAST 2 YEARS HAS REPRESENTED ITSELF AS AN AGENT FOR THIS \" LEGAL FICTION '' AND PREVENTED US ( BY DISPARAGEMENT AND/OR SLANDER OF TITLE ) FROM SELLING THE PROPERTY IN QUESTION AND PAYING THE LAWFUL CREDITOR ( UNKNOWN AT THIS TIME ) TO DISCHARGE THE ALLEGED OBLIGATION BALANCE AND MOVE FORWARD WITH OUR LIVES. \n\nNATIONSTAR FOR THE LAST 2 YEARS HAS REPRESENTED ITSELF AS AN ATTORNEY IN FACT FOR THE \" LEGAL FICTION '', AS TRUSTEE OF AN UNKNOWN REMIC TRUST. \n\nNATIONSTAR USED THE \" FALSE '' PERSON RELATIONSHIP TO SUBSTITUTE IN A NEW DEED OF TRUST \" TRUSTEE '' ( XXXX XXXX XXXX ) TO FACILITATE A FALSE FORECLOSURE ACTION AGAINST THE SUBJECT PROPERTY. \n\nTHE REMIC TRUST FOR THE LAST 2 YEARS HAS BEEN IDENTIFIED ( COUNTRY RECORDER, MERS WEBPAGE, RECORDED DOC 'S ) AS THE \" MORTGAGE ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES XXXX XXXX '' THIS IS THE TITLE OF THE SECURITIES ( I.E. THE BRAND ), NOT THE NAME OF A BONA FIDE REMIC TRUST ENTITY ( PERSON ). \n\nTHIS IS LIKE IDENTIFYING \" XXXX XXXX '' AS AN OWNER/HOLDER OF DEBT AS OPPOSED TO \" XXXX ''. THE ONLY DIFFERENCE IS THAT \" XXXX XXXX '' IS A BONA FIDE BRAND OF \" XXXX ''.","date_sent_to_company":"2018-07-21T16:36:25.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"90069","tags":null,"has_narrative":true,"complaint_id":"2969530","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NATIONSTAR MORTGAGE LLC","date_received":"2018-07-21T15:36:45.000Z","state":"CA","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["NATIONSTAR FOR THE LAST 2 YEARS HAS REPRESENTED ITSELF AS AN ATTORNEY IN FACT FOR THE \" LEGAL FICTION '', AS <em>TRUSTEE</em> OF AN UNKNOWN REMIC <em>TRUST</em>. \n\nNATIONSTAR USED THE \" FALSE '' PERSON RELATIONSHIP TO SUBSTITUTE IN A NEW DEED OF <em>TRUST</em> \" <em>TRUSTEE</em> '' ( XXXX XXXX XXXX ) TO FACILITATE A FALSE FORECLOSURE ACTION AGAINST THE SUBJECT <em>PROPERTY</em>."]},"sort":[24.629747,"2969530"]},{"_index":"complaint-public-v1","_id":"4000490","_score":24.522436,"_source":{"product":"Debt collection","complaint_what_happened":"The Complaint is against Ocwen Loan Servicing. Ocwen loan servicing is engaging in mortgage back securities to defraud investors which is a federal crime. Ocwen loan servicing fraudulently created mortgage back securities to defraud investors. Please see attached letter from Ocwen ( Exhibit 1 ) On XX/XX/XXXX see attached notice of ownership change from Ocwen claiming they transferred dated XX/XX/XXXX to XXXX pass-through trust  XXXX. The letter states Its for informational purposes only and required by federal law. It also states the transfer of ownership has not yet been publicly record. ( See Exhibit 2 ) On XX/XX/XXXX ( Years after the trust was closed ) Ocwen fraudulently created a corporate assignment of mortgage from XXXX XXXX to XXXX not in its individual capacity but solely as trustee of XXXX pass-through trust  XXXX see attached ( exhibit 3. ) Ocwen loan servicing created fraudulent mortgage back securities and sold it in the stock market to investors. The assignment was never recorded under XXXX XXXX as trustee in XXXX  land  Court bureau of conveyance. The consumer financial protection bureau and Securities and exchange commission should Immediately investigate Ocwen loan servicing for creating fraudulent mortgage back securities and defrauding investors which is a Federal crime. If XXXX XXXX  is trustee for the XXXX Passthrough trust XXXX then Ocwen loan servicing needs to produce a recorded assignment in the name of XXXX as trustee on or about the closing date of the pooling and servicing agreement. I am asking the CFPB to immediately look into these fraudulent mortgage back securities that XXXX XXXX, Ocwen, XXXX XXXX XXXX and XXXX are engaging in. Im asking Ocwen loan servicing through CFPB ( Consumer financial protection bureau ) to provide a copy of the recorded assignment showing XXXX as trustee for the XXXX Passthrough trust XXXX as required by the pooling and servicing agreement. We have many unrecorded fraudulent assignments that Ocwen created to produce fraudulent mortgage backed securities with no clear title of the property. Ocwen loan servicing should stop creating unrecorded assignment of mortgages to engage in mortgage backed securities fraud which is a federal crime. I'm asking the CFPB or the proper entity ( Security and exchange commission ) to immediately investigate Ocwen loan servicing in their mortgage back securities fraud.","date_sent_to_company":"2020-12-09T18:39:08.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"967XX","tags":null,"has_narrative":true,"complaint_id":"4000490","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2020-12-09T18:19:57.000Z","state":"HI","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":["Im asking Ocwen loan servicing through CFPB ( Consumer financial protection bureau ) to provide a copy of the recorded assignment showing XXXX as <em>trustee</em> for the XXXX Passthrough <em>trust</em> XXXX as required by the pooling and servicing agreement. We have many unrecorded fraudulent assignments that Ocwen created to produce fraudulent mortgage backed <em>securities</em> with no clear title of the <em>property</em>."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[24.522436,"4000490"]},{"_index":"complaint-public-v1","_id":"4255275","_score":24.428139,"_source":{"product":"Debt collection","complaint_what_happened":"Shellpoint complaint to CFPB Previous loan servicers and Shellpoint maliciously filed a complaint in Hawaii second circuit court and created fraudulent documentation to attempt to show standing to foreclose on my property. \n\nIt is a federal crime and a violation of federal and state laws to engage in residential mortgage backed securities when the bank and loan servicer does not have legal title of a mortgage collateralizing the mortgage back certificates. \n\nShellpoint states XXXX XXXX XXXX XXXX not in its individual capacity but solely as trustee XXXX pass through trust X is the owner of the mortgage deed of trust on my property XXXX, Hawaii years after the trust closed. The trust closing date was XX/XX/XXXX. \n\nShellpoint can not prove the mortgage in question was ever securitized into any trust. Therefore they are engaging in and violating federal IRS tax laws. \n\nShellpoint in their letter dated XX/XX/XXXX and XX/XX/XXXX states the deed of trust security instrument can be sold one or more times. \nYes, thats true however it needs to be recorded in the name of the new owner or a nominee for a trust. \n\nMy title and security instrument Deed of trust was never in the name of any mortgage backed security since origination. \n\nIt is a federal violation To create fraudulent mortgage backed securities without legal title of a Mortgage collateralizing the mortgage backed security certificate. \n\nI ask the CFPB to have this investigated or sent to the proper federal agency to look into these mortgage backed securities Shellpoint and new residential ( NRZ ) are engaging in.","date_sent_to_company":"2021-03-30T05:26:03.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"967XX","tags":null,"has_narrative":true,"complaint_id":"4255275","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2021-03-30T01:17:02.000Z","state":"HI","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":["Shellpoint states XXXX XXXX XXXX XXXX not in its individual capacity but solely as <em>trustee</em> XXXX pass through <em>trust</em> X is the owner of the mortgage deed of <em>trust</em> on my <em>property</em> XXXX, Hawaii years after the <em>trust</em> closed. The <em>trust</em> closing date was XX/XX/XXXX. \n\nShellpoint can not prove the mortgage in question was ever securitized into any <em>trust</em>. Therefore they are engaging in and violating federal IRS tax laws."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[24.428139,"4255275"]},{"_index":"complaint-public-v1","_id":"8082716","_score":24.204416,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction.\n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of\nthe beneficiarys rights, a dereliction of duty, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, a man ; I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) inquiries without permissible purpose or consent : Creditor Name Type of Business Date of inquiry Credit Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Experian Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report.\n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation. \n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, XXXX, and Experian are consumer reporting agencies and I am the Consumers Beneficiary.\n\nI have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. \n\nAny and all consent to XXXX, Experian, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) provides the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX, XXXX, Experian, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided\nthat the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit. \nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746. \n\n\nXXXX XXXX XXXX XXXX XXXX Living Soul , Beneficiary Non-person, Non-Statutory, All rights reserved. ( E-sign Act ) XXXX","date_sent_to_company":"2023-12-30T22:38:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"06106","tags":null,"has_narrative":true,"complaint_id":"8082716","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-12-30T22:38:18.000Z","state":"CT","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":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.204416,"8082716"]},{"_index":"complaint-public-v1","_id":"8082712","_score":24.171246,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction. There appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of\nthe beneficiarys rights, a dereliction of duty, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, a man ; I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) inquiries without permissible purpose or consent : Creditor Name Type of Business Date of inquiry Credit Bureau XXXX XXXX XXXX Equifax XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Equifax XXXXXXXX XXXX Mortgage ReporterXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX  Equifax XXXX - XX/XX/XXXX Equifax XXXX XXXX XXXX XXXX  XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least XXXX days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. \n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.\n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Equifax, XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumers Beneficiary.\n\nI have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax, XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. \n\nAny and all consent to Equifax, XXXX, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) provides the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Equifax, XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit. \nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. XXXX will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746.\n\n/s/ XXXX XXXX XXXX XXXX Living Soul , Beneficiary Non-person, Non-Statutory, All rights reserved. ( E-sign Act ) XXXX","date_sent_to_company":"2023-12-30T22:38:09.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"06106","tags":null,"has_narrative":true,"complaint_id":"8082712","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-30T22:28:55.000Z","state":"CT","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.171246,"8082712"]},{"_index":"complaint-public-v1","_id":"8082717","_score":24.168427,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction. \n\nThere appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, a man ; I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX inquiries without permissible purpose or consent : Creditor Name Type of Business Date of inquiry Credit Bureau XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XX/XX/XXXX XXXX  XXXX XXXX XXXX  XXXX XXXX XX/XX/XXXX TransUnion XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX TransUnion XXXX XXXX XXXX XXXX XX/XX/XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXXXXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XX/XX/XXXX TransUnion XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX XXXX Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least XXXX days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. \n\nFurthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.\n\nThe Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, Transunion, XXXX, and XXXX are consumer reporting agencies and I am the Consumers Beneficiary.\n\nI have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, Transunion, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. \n\nAny and all consent to XXXX, XXXX, Transunion, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. \n\nTitle 15 U.S. Code 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) provides the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Transunion, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.\n\nRegulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.\n\nWhat constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit. \nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746. \n\n\nXXXX XXXX XXXX XXXX XXXX Living Soul , Beneficiary Non-person, Non-Statutory, All rights reserved. ( E-sign Act ) XXXX","date_sent_to_company":"2023-12-30T22:38:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"06106","tags":null,"has_narrative":true,"complaint_id":"8082717","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-30T22:38:18.000Z","state":"CT","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":["Where the <em>trust</em> <em>property</em> has been unlawfully invested, with other funds of the <em>trustee</em>, in other <em>property</em>, the latter, in the hands of the <em>trustee</em>, is chargeable pro tanto to the amount or value of the original <em>trust</em> <em>property</em>.\n\nWhat constitutes notice of a <em>trust</em>?"]},"sort":[24.168427,"8082717"]},{"_index":"complaint-public-v1","_id":"10235410","_score":24.052746,"_source":{"product":"Mortgage","complaint_what_happened":"12 U.S.C.1701j-3 ( d ) ( 8 ) ( The Garn St. Germain Depository Institutions Act of 1982 ) ( \" ... a lender may not exercise its option pursuant to a due-on-sale clause upon ... a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property ). \n\nWells Fargo \" foreclosed '' on a property in Trust. XXXX XXXX, XXXX was asked for the following information but did not respond : 1. The Security Deed, signed by 1025 Trust, associated with the loan at issue and are defined as a Borrower or grantor under the terms of said Security Deed ; and, 2. Proof of Claim that 1025 Trust is the/your Debtor under O.C.G.A 44-14-162.1 ; and, 3. Proof of Claim that Georgia Statutory Foreclosure Law Requirements allows you to foreclose on a Trust/entity because a different entity, ___________, owes you ; and, 4. Proof of Claim that 1025 Trust owes you a debt and/or present the contract between you and 1025 Trust stating that 1025 Trust will pay you for a debt it does not owe regarding the contract you are attempting to collect from ______________ ; and, 5. Proof of Claim that 1025 Trust is liable for ___________ contracts/debts ; and, 6. Proof of Claim that 1025 Trust and you have a contract with each other ; and, 7. Proof of Claim that Mortgage Electronic Registration Systems , Inc is an Agent, Trustee or Power of Attorney for 1025 Trust ; and, 8. Proof of Claim that Wells Fargo Bank, N.A. , Inc is an Agent, Attorney in Fact, Trustee or Power of Attorney for 1025 Trust ; and,","date_sent_to_company":"2024-09-26T03:04:37.000Z","issue":"Struggling to pay mortgage","sub_product":"FHA mortgage","zip_code":"31907","tags":null,"has_narrative":true,"complaint_id":"10235410","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-09-26T02:39:55.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["Proof of Claim that Mortgage Electronic Registration Systems , Inc is an Agent, <em>Trustee</em> or Power of Attorney for 1025 <em>Trust</em> ; and, 8. Proof of Claim that Wells Fargo Bank, N.A. , Inc is an Agent, Attorney in Fact, <em>Trustee</em> or Power of Attorney for 1025 <em>Trust</em> ; and,"]},"sort":[24.052746,"10235410"]},{"_index":"complaint-public-v1","_id":"5768827","_score":23.86567,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX and Complaint against XXXX Bank ( XXXX ) as alleged Trustee for Trust GSAMP XXXX ( XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX and XXXX XXXX as a XXXX and Master Servicer ( subject to RESPA ) of this XXXX, alleged purchaser of alleged mortgage loans from XXXX Investment and Trust XXXX and the XXXX in case XXXX, XXXX Bank as Trustee for XXXX XXXX XXXX XXXX which resulted in illegal seizure of my property and numerous fraudulent transfers of property Title to XXXX as representative to XXXX XXXX XXXX and from XXXX to new property buyer XXXX \nNow both XXXX Bank and XXXX XXXX deny any relationship to any of these transactions, including case XXXX, receipt of the Deed to my property ; sale of my property in XX/XX/XXXX ; receipt of {$130000.00} and the Corporate Deed from DBNT as Trustee, under authority of XXXX XXXX XXXX of Directors to the new buyer XXXX He, which are flagrant lies to Federal authorities since under Moodys rating reports between XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX is apparently very active and operated by Trustee XXXX Bank under authority of XXXX XXXX and submits various reports , statements and other information about this Trusts financial affairs to Moody and other rating services. \nFrom XXXX report on XX/XX/XXXX : Issuer : XXXX XXXX XXXX Cl. XXXX, Downgraded to XXXX ( sf ) ; previously on XX/XX/XXXX Upgraded to XXXX ( sf ). Today 's rating action reflects an adjustment to our cash flow analysis based on the trustee 's updated interpretation of the Pooling and Servicing Agreement ( PSA ) for the transaction. XXXX XXXX had originally modeled this transaction to reflect our interpretation that the XXXX calls for pro rata allocation of aggregate principal distributions among all XXXX XXXX certificates based upon each of their principal balances. In XX/XX/XXXX, however, we upgraded the rating of this tranche because trustee XXXX Bank was allocating payment to the Class A certificates based on the Class A Principal Allocation Percentage. \nAccording to DealsX.com dba StructureIt, established and operated by XXXX XXXX Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX and former XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank provide them reports and financial statements on MONTHLY basis about performance of XXXX XXXX XXXX XXXX XXXX, posted as recently as XX/XX/XXXX, and these reports are published for Investors who rely on information contained in these reports. \n\nXXXX Bank and XXXX XXXX must explain to me and to CFPB why they claim no relationship to my fraudulent where XXXX XXXX XXXX XXXX XXXX XXXX where XXXX XXXX Bank, XXXX. hired lawyers from XXXX XXXX XXXX law firm to file foreclosure case XXXX, XXXX Bank as Trustee for XXXX XXXX vs. XXXX to confiscate my property and resell it fro {$130000.00} profits as \" repayment of my debt '' - if ALL actions are taken under names and authority of XXXX and XXXX XXXX and these {$130000.00} must be reported in XXXX as Trustee and distributed to investors, about which XXXX  must make a report when they submit Trust XXXX records to XXXX and XXXX  for rating.. \nAnd IF XXXX and XXXX XXXX do not have relationship to this fraudulent foreclosure and did not seized my property with forged documents and sold it to third parties then they must explain who did it. \n\nI many times contacted XXXX Bank and Wells Fargo, alleged Servicer for explanations and proof of ownership of my alleed \" obligation '' between XXXX to present time. And during all time in question XXXX  never told me that neither XXXXT or XXXX have no relationship to my foreclosure. To the contrary, they actively promoted this myth and deception that XXXX is in fact a Trustee and XXXX XXXXXXXX is in fact the Plaintiff, just like they promote this lie to rating agencies and investors. \nXXXX and XXXX must provide me names of each natural person, their position with the Companies and with his/her contact information who prepared and filed responses with CFPB to my Complaint, so I can contact these individuals directly. \nXXXX and XXXX must identify each natural person who is responsible for the accounting and administration of my alleged loan with XXXX Investment and Loan purportedly purchased by XXXX XXXX and pooled in Trust XXXX  XXXX. \nWith respect to assertions, allegations and arguments presented in the case XXXX, relating to the existence of an unpaid loan account in which the underlying obligation is owned by a trust entity or any agent of a trust entity including but not limited to any named trustee, please produce at trial any and all documents comprising a trust agreement, amendments and restatements thereof, or relied upon as evidence of a trust agreement, including but not limited to the following elements of all legally existing trust entities : a. Identification of the Trust, i.e., name of the trust and identification of the jurisdiction under which the alleged trust was organized or created. \nb. Identification of trustor or settlor cXXXX description or identification of the property subject to the terms of the alleged trust e.g., loans owned by the trust for the benefit of the beneficiaries d. description of the terms of administration of the trust for the beneficiaries e. identification of the beneficial interest f. identification of the beneficiaries I want to emphasize that I am not looking for Pooling and Servicing Agreement, I have a copy of it. The PSA is a forward-looking document that is ( a ) incomplete and has absolutely no evidence of any pooled mortgages and ( b ) not signed. It contains no warranties of title nor any recital of a current or prior conveyance. It is about things that might happen in the future unless circumstances change or the XXXX is amended, which is frequently the case. \nI am looking for the The Trust agreement for XXXX XXXX, which a statement of present intent creating a legally organized trust under the laws of some specified jurisdiction. The XXXX states that is governed under the law of the state of New York. That is only because they want to pass it off as the trust agreement. \nState laws vary on the essential elements for creating a legally recognized trust as a business entity. But all states agree that there is nothing to talk about if the subject has not been conveyed to the trustee to hold in trust and Administer pursuant to the terms of the trust agreement. \n\nIn all states, if that conveyance has not been completed, there is no claim that can be made by the trustee or the trust. That create the next question in the weeds. \n\nWhat needs to be conveyed? And that WAS conveyed to XXXX XXXX. \n\nBoth case law and statutory law say that the conveyance must be of the loan which means that it must include, without exception in any jurisdiction, conveyance of the underlying obligation that is alleged to exist and it means it must be created an account receivable for each loan, which show not only disbursement of funds used to PURCHASE my alleged loan from XXXX, but also deposits made from my payments ; deposit made after sale of my property for {$130000.00} and distributions to investors. \n\nHere is nothing in XXXX trust XXXX XXXX documents that has ever received ownership of any underlying obligation or which has ever received a XXXX from its claimed ownership. That is because they dont own the underlying obligation and the reason they dont own the underlying obligation is that there is no underlying obligation. \n\nThat is why a third-party company is designated as a servicer. It is a veil behind which the fact that the named claimant. XXXX. XXXX as Trustee for XXXX XXXX, hides the fact that there are no disbursements to any creditor, much less the XXXX trustee or the XXXX Trust. \n\nAs I recently learned, In securitization, the underlying and intended obligation is replaced by a virtual obligation to which I never agreed to pay. In other words, instead of actual loan from XXXX I received information about a bundle of securitization rounds initiated by undisclosed to me XXXX Bank with the prior owner, XXXX XXXX, who was actually paid for her services as an Issuer of initial security which was used as a base for the original scheme. Neither I or property Seller XXXX XXXX never received any money labeled as loans. We both received information about the payment made to XXXX which was extinquished in the initial securitization scheme, This is what enables securities brokerage companies to generate revenue geometrically larger than any initially reported transaction with the homeowner ( here XXXX ). The report is sufficient to convince me and XXXX XXXX that money has been paid on our behalf even though in our closings no money exchanges hands at all.. \nI was deceived that money is owed and the money paid represents what I owed to XXXX who was merely a window dressing for undisclosed investment bank. It never occurred to me until recently, specially after XXXX and XXXX  both deny its involvement in such obvious situation where EACH document bear their names and authority, that I never received a loan and that that I were missing a lender, an unpaid loan account receivable on the books of some creditor, and that I have performed an extremely valuable service on behalf of a securities brokerage firm that I never knew was involved.","date_sent_to_company":"2022-08-10T20:14:41.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"I do not know","zip_code":"606XX","tags":null,"has_narrative":true,"complaint_id":"5768827","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2022-07-13T10:14:53.000Z","state":"IL","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":["XXXX and Complaint against XXXX Bank ( XXXX ) as alleged <em>Trustee</em> for <em>Trust</em> GSAMP XXXX ( XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX and XXXX XXXX as a XXXX and Master Servicer ( subject to RESPA ) of this XXXX, alleged purchaser of alleged mortgage loans from XXXX Investment and <em>Trust</em> XXXX and the XXXX in case XXXX, XXXX Bank as <em>Trustee</em> for XXXX XXXX XXXX XXXX which resulted in illegal seizure of my <em>property</em> and numerous fraudulent transfers of <em>property</em> Title to XXXX as representative to XXXX XXXX"],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[23.86567,"5768827"]},{"_index":"complaint-public-v1","_id":"5768142","_score":23.717695,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX and Complaint against XXXX XXXX  ( XXXX ) as alleged Trustee for XXXX  XXXX  XXXX ( XXXX XXXX XXXX Mortgage Products , XXXX XXXX and XXXX XXXX as a Settor and Master Servicer ( subject to RESPA ) of this XXXX, alleged purchaser of alleged mortgage loans from XXXX XXXX  and XXXX  ; and the Plaintiff in case XXXX, XXXX XXXX  as Trustee for XXXX XXXX XXXX XXXX which resulted in illegal seizure of my property and numerous fraudulent transfers of property Title to XXXX as representative to XXXX XXXX XXXX and from XXXX  to new property buyer XXXX \nNow both XXXX XXXX  and XXXX XXXX deny any relationship to any of these transactions, including case XXXX, receipt of the Deed to my property ; sale of my property in XX/XX/XXXX ; receipt of {$130000.00} and the Corporate Deed from XXXX  as Trustee, under authority of XXXX XXXX Board of Directors to the new buyer XXXX He, which are flagrant lies to Federal authorities since under XXXX  rating reports between XXXX XX/XX/XXXX XXXX  XXXX XXXX is apparently very active and operated by Trustee XXXX XXXX  under authority of XXXX XXXX and submits various reports , statements and other information about this Trusts financial affairs to XXXX and other rating services. \nFrom XXXX report on XX/XX/XXXX : Issuer : XXXX XXXX XXXX Cl. XXXX, Downgraded to XXXX ( sf ) ; previously on XX/XX/XXXX Upgraded to XXXX ( sf ). Today 's rating action reflects an adjustment to our cash flow analysis based on the trustee 's updated interpretation of the XXXX and XXXX XXXX ( XXXX ) for the transaction. XXXX XXXX had originally modeled this transaction to reflect our interpretation that the XXXX calls for pro rata allocation of aggregate principal distributions among all XXXX XXXX certificates based upon each of their principal balances. In XX/XX/XXXX, however, we upgraded the rating of this tranche because trustee XXXX Bank was allocating payment to the Class A certificates based on the Class A Principal Allocation Percentage. \nAccording to XXXX XXXX XXXX, established and operated by XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX and former XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank XXXX XXXX reports and financial statements on MONTHLY basis about performance of XXXX XXXX XXXX XXXX XXXX, posted as recently as XX/XX/XXXX, and these reports are published for Investors who rely on information contained in these reports. \n\nXXXX Bank and XXXX XXXX must explain to me and to CFPB why they claim no relationship to my fraudulent where XXXX XXXX XXXX XXXX XXXX XXXX where XXXX XXXX Bank, XXXX. hired lawyers from XXXX XXXX XXXX XXXX firm to file foreclosure case XXXX, XXXX Bank as Trustee for XXXX XXXX vs. XXXX to confiscate my property and resell it fro {$130000.00} profits as \" repayment of my debt '' - if ALL actions are taken under names and authority of XXXX and XXXX XXXX and these {$130000.00} must be reported in XXXX as Trustee and distributed to investors, about which XXXX must make a report when they submit Trust XXXX records to XXXX and XXXX for rating.. \nAnd XXXX XXXX and XXXX XXXX do not have relationship to this fraudulent foreclosure and did not seized my property with forged documents and sold it to third parties then they must explain who did it. \n\nI many times contacted XXXX Bank and Wells Fargo, alleged XXXX for explanations and proof of ownership of my alleed \" obligation '' between XXXX to present time. And during all time in question XXXX never told me that neither XXXX or XXXX  have no relationship to my foreclosure. To the contrary, they actively promoted this myth and deception that XXXX is in fact a Trustee and XXXX  XXXX is in fact the Plaintiff, just like they promote this lie to rating agencies and investors. \nXXXX and XXXX must provide me names of each natural person, their position with the Companies and with his/her contact information who prepared and filed responses with CFPB to my Complaint, so I can contact these individuals directly. \nXXXX and XXXX must identify each natural person who is responsible for the accounting and administration of my alleged loan with XXXX Investment and Loan purportedly purchased by XXXX XXXX and pooled in Trust XXXX XXXX. \nWith respect to assertions, allegations and arguments presented in the case XXXX, relating to the existence of an unpaid loan account in which the underlying obligation is owned by a trust entity or any agent of a trust entity including but not limited to any named trustee, please produce at trial any and all documents comprising a trust agreement, amendments and restatements thereof, or relied upon as evidence of a trust agreement, including but not limited to the following elements of all legally existing trust entities : a. Identification of the XXXX, i.e., name of the trust and identification of the jurisdiction under which the alleged trust was organized or created. \nb. Identification of XXXX or XXXX XXXX description or identification of the property subject to the terms of the alleged trust e.g., loans owned by the trust for the benefit of the beneficiaries XXXX description of the terms of administration of the trust for the beneficiaries XXXX identification of the beneficial interest XXXX XXXX of the beneficiaries I want to emphasize that I am not looking for Pooling and Servicing Agreement, I have a copy of it. The XXXX is a forward-looking document that is ( a ) incomplete and has absolutely no evidence of any pooled mortgages and ( b ) not signed. It contains no warranties of title nor any recital of a current or prior conveyance. It is about things that might happen in the future unless circumstances change or the XXXX is amended, which is frequently the case. \nI am looking for the The Trust agreement for XXXX XXXX, which a statement of present intent creating a legally organized trust under the laws of some specified jurisdiction. The XXXX states that is governed under the law of the state of New York. That is only because they want to pass it off as the trust agreement. \nState laws vary on the essential elements for creating a legally recognized trust as a business entity. But all states agree that there is nothing to talk about if the subject has not been conveyed to the trustee to hold in trust and Administer pursuant to the terms of the trust agreement. \n\nIn all states, if that conveyance has not been completed, there is no claim that can be made by the trustee or the trust. That create the next question in the weeds. \n\nWhat needs to be conveyed? And that WAS conveyed to XXXX XXXX. \n\nBoth case law and statutory law say that the conveyance must be of the loan which means that it must include, without exception in any jurisdiction, conveyance of the underlying obligation that is alleged to exist and it means it must be created an account receivable for each loan, which show not only disbursement of funds used to PURCHASE my alleged loan from XXXX, but also deposits made from my payments ; deposit made after sale of my property for {$130000.00} and distributions to investors. \n\nHere is nothing in XXXX trust XXXX XXXX documents that has ever received ownership of any underlying obligation or which has ever received a penny from its claimed ownership. That is because they dont own the underlying obligation and the reason they dont own the underlying obligation is that there is no underlying obligation. \n\nThat is why a third-party company is designated as a servicer. It is a veil behind which the fact that the named claimant. XXXX. XXXX as Trustee for XXXX XXXX, hides the fact that there are no disbursements to any creditor, much less the XXXX trustee XXXX the XXXX Trust. \n\nAs I recently learned, In securitization, the underlying and intended obligation is replaced by a virtual obligation to which I never agreed to pay. In other words, instead of actual loan from XXXX I received information about a bundle of securitization rounds initiated by undisclosed to me XXXX Bank with the prior owner, XXXX XXXX, who was actually paid for her services as an Issuer of initial security which was used as a base for the original scheme. Neither I or property Seller XXXX XXXX never received any money labeled as loans. We both received information about the payment made to XXXX which was extinquished in the initial securitization scheme, This is what enables securities brokerage companies to generate revenue geometrically larger than any initially reported transaction with the homeowner ( here XXXX ). The report is sufficient to convince me and XXXX XXXX that money has been paid on our behalf even though in our closings no money exchanges hands at all.. \nI was deceived that money is owed and the money paid represents what I owed to XXXX who was merely a window dressing for undisclosed investment bank. It never occurred to me until recently, specially after XXXX and XXXX both deny its involvement in such obvious situation where EACH document bear their names and authority, that I never received a loan and that that I were missing a lender, an unpaid loan account receivable on the books of some creditor, and that I have performed an extremely valuable service on behalf of a securities brokerage firm that I never knew was involved.","date_sent_to_company":"2022-08-02T18:14:38.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"I do not know","zip_code":"606XX","tags":null,"has_narrative":true,"complaint_id":"5768142","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2022-07-13T10:27:45.000Z","state":"IL","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":["XXXX and Complaint against XXXX XXXX  ( XXXX ) as alleged <em>Trustee</em> for XXXX  XXXX  XXXX ( XXXX XXXX XXXX Mortgage Products , XXXX XXXX and XXXX XXXX as a Settor and Master Servicer ( subject to RESPA ) of this XXXX, alleged purchaser of alleged mortgage loans from XXXX XXXX  and XXXX  ; and the Plaintiff in case XXXX, XXXX XXXX  as <em>Trustee</em> for XXXX XXXX XXXX XXXX which resulted in illegal seizure of my <em>property</em> and numerous fraudulent transfers of <em>property</em> Title to XXXX as representative to XXXX XXXX"],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[23.717695,"5768142"]},{"_index":"complaint-public-v1","_id":"1298867","_score":23.645596,"_source":{"product":"Mortgage","complaint_what_happened":"The PremisesThe Adjustable Rate Note on the subject loan is dated XX/XX/XXXX. The parties are XXXX, the borrower and XXXX XXXX XXXX XXXX XXXX, the originating lender. The Deed ofTrust dated on the same date. The parties are the borrower, XXXX XXXX, the co-borrower, the originating lender, MERS, which is named as nominee for the lender and beneficiary, andXXXX XXXX XXXX XXXX, the trustee. \nThe subject loan has been securitized into XXXX XXXX Loan Trust XXXX. ThePooling and Servicing Agreement of the mentioned trust requires that the Adjustable RateNote should be endorsed by XXXX XXXX XXXX XXXX XXXX, the originating lender and sellerto XXXX, XXXX, the depositor and by the depositor to XXXX, the trustee. \nConsequently, the Deed of Trust should have been assigned by the originating lender and tothe depositor and by the depositor to the trustee. \nThe chain of endorsements and assignments are also set to be followed in order qualify thetrust as a XXXX under the Internal Revenue Code. \nThe mortgaged property has been foreclosed in favor of XXXX XXXX, XXXX XX/XX/XXXX \nThe Note must be endorsed properly when the Security Instrument has been assigned. If thisdoes not occur, there is a separation of the security instrument from the debt instrument. \nSeparation violates Paragraph 20, a XXXX XXXX in the Security Instrument contract. \nAdditionally, any instance in which a successor trustee has been designated, but noThe Main Issues1. The subject loan was securitized. However, there were no documents to show thecompliance of the series of endorsements and assignments that:1.1. are required by the Pooling and Servicing Agreement ; and1.2. each constitutes a true sale from the originating lender to the seller, from the sellerto the depositor, and from the depositor to the trustee in order to ( a ) qualify thetrust as a XXXX and ( b ) give the trust the status of a holder in due course that wouldprotect it against adverse claims from the loan 's originator. \n2. There is prima facie evidence that the signatures on the Assignment of Deed ofTrust and Substitution of Trustee have been forged. \n3. No document was presented in this examination or recorded in the Voluntary LiensReport which shows that the trustee representing in foreclosure has been duly appointed. \nDetails of these findings are discussed in the pages that follow. \nThis report is authorized for use by both the borrowers and/ or their attorneys. Thecontent constitutes written evidentiary findings. The expert whose name appears at thebottom of this report supports its findings. The audit service is a \" qualified '' veteranMortgage document analyst company and an independent party with no financial interestin the outcome of this case. I stand ready to testify in any State or Federal court as awitness in support of the attorney 's foundation of evidence and judicial notice. Thisreport is based upon facts, documentation, investigation and review of the evidencesupplied. \nXXXX XXXX XXXX XXXX","date_sent_to_company":"2015-03-24T21:06:24.000Z","issue":"Loan modification,collection,foreclosure","sub_product":"Conventional adjustable mortgage (ARM)","zip_code":"95125","tags":"Servicemember","has_narrative":true,"complaint_id":"1298867","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2015-03-24T21:06:19.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["The mortgaged <em>property</em> has been foreclosed in favor of XXXX XXXX, XXXX XX/XX/XXXX \nThe Note must be endorsed properly when the <em>Security</em> Instrument has been assigned. If thisdoes not occur, there is a separation of the <em>security</em> instrument from the debt instrument. \nSeparation violates Paragraph 20, a XXXX XXXX in the <em>Security</em> Instrument contract. \nAdditionally, any instance in which a successor <em>trustee</em> has been designated, but noThe Main Issues1. The subject loan was securitized."]},"sort":[23.645596,"1298867"]},{"_index":"complaint-public-v1","_id":"8194222","_score":23.56395,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I sent a registered security to GM Financial XXXX loan 's indenture trustee on XX/XX/ to process for payment for account number XXXX and also per the electronic transfers act to remit my interest coupon dividends to my account listed in an instruction letter. I have yet to see an update on my account reflecting my payment by way of a registered security. Nor have they sent the security back to me if they did not accept it which proves they either accepted the registered security or they mutilated it which are also terms for discharge in Article iv of there XXXX SEC filing. \nARTICLE IV SATISFACTION AND DISCHARGE SECTION 4.1. Satisfaction and Discharge of the Indenture. This Indenture shall cease to be of further effect with respect to the Notes except as to ( a ) rights of registration of transfer and exchange, ( b ) substitution of mutilated, destroyed, lost or stolen Notes, ( c ) rights of Noteholders to receive payments of principal thereof and interest thereon, ( d ) Sections 3.3, 3.4, 3.5, 3.8, 3.12, 3.13, 3.14, 3.17, 3.23, and 3.25, ( e ) the rights, obligations and immunities of the XXXX Indenture Trustee hereunder ( including the rights of the Indenture Trustee under Section 6.6 and the obligations of the Indenture Trustee under Section 4.2 ). and ( f ) the rights of Noteholders as beneficiaries hereof with respect to the property so deposited into the Accounts payable to all or any of them, and the Indenture Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging satisfaction and discharge of this Indenture with respect to the Notes, when : ( i ) All Notes theretofore authenticated and delivered ( other than ( A ) Notes that have been destroyed, lost or stolen and that have been replaced or paid as provided in Section 2.5, and ( B ) Notes for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from such trust, as provided in Section 3.3 ) have been delivered to the Indenture Trustee for cancellation ; ( ii ) The Issuer has paid or caused to be paid all Issuer Obligations ; and ( iii ) the Issuer has delivered to the Indenture Trustee and the Noteholders an Officers Certificate and Opinion of Counsel and if required by the XXXX or the Indenture Trustee an Independent Certificate from a firm of certified public XXXX, each stating that all conditions precedent herein provided for relating to the satisfaction and discharge of this Indenture have been complied with. \n\nSECTION 4.2. Application of Trust Money. All moneys deposited into the Accounts pursuant to Section 4.1 shall be caused to be held in trust and applied by the Indenture Trustee, in accordance with the provisions of the Notes and this Indenture, to the payment to the Noteholders of the particular Notes for the payment or redemption of which such moneys have been deposited into the Accounts, of all sums due and to become due thereon for principal and interest ; provided, that such moneys need not be segregated from other funds except to the extent required herein or in the XXXX Servicing Agreement or required by law. To conclude if they do not discharge after receiving my registered security I will file a complaint through the SEC for securities fraud.","date_sent_to_company":"2024-01-21T16:33:53.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"445XX","tags":null,"has_narrative":true,"complaint_id":"8194222","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"General Motors Financial Company, Inc.","date_received":"2024-01-21T15:53:24.000Z","state":"OH","company_public_response":null,"sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["Application of <em>Trust</em> Money."]},"sort":[23.56395,"8194222"]},{"_index":"complaint-public-v1","_id":"1490666","_score":23.476051,"_source":{"product":"Mortgage","complaint_what_happened":"I have received a third debt validation letter thru regular mail from a XXXX XXXX, XXXX, debt Collector, Foreclosure Mill, dated XX/XX/XXXX on behalf of Select Portfolio Servicing as it relates to a claimed debt. My property is also being dual tracked. So while being given XXXX days to respond to this XXXX notice of debt validation, SPS through XXXX XXXX has also filed XXXX foreclosure documents on my property with a sale date of XX/XX/XXXX. \nI DEMAND THAT SPS and XXXX XXXX XXXX, STOP ANY AND ALL FORECLOSURE PROCEDURES IMMEDIATELY AGAINST MY PROPERTY. \nI have warned SPS and XXXX XXXX now on XXXX occasions that they 're servicing and perpetrating a fraudulent loan that SPS acquired from XXXX XXXX XXXX. SPS as a debt collector has NO Agency relationship with XXXX Bank, who claims to be Trustee of a XXXX XXXX XXXX. In a recent XXXX Deposition with SPS, SPS representatives, admitted under oath, that they ca n't prove chain of title past the last servicer, in my case that servicer would be XXXX XXXX XXXX. In XX/XX/XXXX, you can research that the Consumer Financial Protection Bureau stepped in on XXXX for fraud with consumer loans. Among the violations was manufacturing and robo signing documents and passing this FRAUD to other debt collectors. This is the same XXXX who SPS acquired loan and manufactured an Assignment using proven robo signers to Fraudulently attempt to foreclose on my property. Select Portfolio Servicing does not have any legal standing to collect any debt or to order any foreclosure proceedings against my property. I do not owe Select Portfolio Servicing any money. I do not owe XXXX Bank any money. I do not owe XXXX XXXX XXXX any money. I have never signed any documents with Select Portfolio Servicing, XXXX XXXX XXXX or XXXX Bank for any of these companies to be able to claim any debt against me. Let me be perfectly clear, I Dispute Any Debt supposedly owed to Select Portfolio Servicing. I Dispute Any Debt supposedly owed to XXXX Bank. I Dispute Any Debt supposedly owed to XXXX Bank as Trustee. \nI Further Dispute XXXX Banks ' Standing as Trustee for XXXX XXXX Mortgage Loan Trust XXXX according to XXXX XXXX XXXX Law and such XX/XX/XXXX Assignment to a closed Trust. I Dispute that this loan was even included in such said Trust. SPS is knowingly representing in a fraud and I have more than enough proof. \nOver the last XXXX years, I have corresponded repeatedly with XXXX Bank, loan servicer, XXXX Bank & Trust, Trustee and Select Portfolio Servicing, loan servicer, each time reminding them all that XXXX and now SPS is fraudulently servicing a loan and does not possess legal standing to order a foreclosure. \nDespite the overwhelmingly incriminating evidence I have gathered and have shown to XXXX, XXXX Bank XXXX XXXX XXXX as Trustee for XXXX XXXX Mortgage XXXX XXXX XXXX, SPS, XXXX and XXXX and various local XXXX attorneys that XXXX has hired to respond to my requests. \nI have had to point out to each of them on several occasions that : - The Assignment and Security Deed and other documents are different and altered, thus making the Security Deed null and void. This original Assignment was not only not recorded into public records, it was never actually obtained by XXXX XXXX Mortgage or XXXX Bank. It was stated by XXXX XXXX Mortgage that the note and Security Deed went directly to the trust at the inception of my loan. That is not the case. To this date, XXXX Bank never received my note or Security Deed, nor has any authority to foreclose on my property. XXXX Bank, in a XX/XX/XXXX law suit filed by XXXX Bank VS. The FDIC and XXXX, admits that they ( XXXX XXXX are not \" Successors of Interest '' for XXXX XXXX Mortgage Loans. PLEASE DEMAND THAT SPS and XXXX XXXX Stop This Illegal Foreclosure For XX/XX/XXXX.","date_sent_to_company":"2015-07-28T19:18:24.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"Conventional fixed mortgage","zip_code":"30215","tags":null,"has_narrative":true,"complaint_id":"1490666","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2015-07-28T19:18:23.000Z","state":"GA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["I Dispute Any Debt supposedly owed to XXXX Bank as <em>Trustee</em>. \nI Further Dispute XXXX Banks ' Standing as <em>Trustee</em> for XXXX XXXX Mortgage Loan <em>Trust</em> XXXX according to XXXX XXXX XXXX Law and such XX/XX/XXXX Assignment to a closed <em>Trust</em>. I Dispute that this loan was even included in such said <em>Trust</em>. SPS is knowingly representing in a fraud and I have more than enough proof."]},"sort":[23.476051,"1490666"]},{"_index":"complaint-public-v1","_id":"1723588","_score":23.437035,"_source":{"product":"Debt collection","complaint_what_happened":"Over the last 6 years, I have corresponded repeatedly with XXXX Bank, loan servicer, XXXX Bank XXXX XXXX, XXXX and XXXX XXXX XXXX, loan servicer, each time reminding them all that XXXX and now XXXX is fraudulently servicing a loan and does not possess legal standing to order a foreclosure. \nXXXX XXXX as Foreclosure Attorneys are representing a fraudulent loan. \nDespite the overwhelmingly incriminating evidence I have gathered and have shown to XXXX, XXXX Bank XXXX XXXX XXXX XXXX XXXX for XXXX XXXX Mortgage XXXX XXXX XXXX, XXXX, XXXX and XXXX and various local attorneys that XXXX has hired to respond to my requests. \nI have had to point out to each of them on several occasions that : - The Security Deed and other documents are different and altered, thus making the Security Deed null and void. Check this out for yourself. \n- Parties admitted that the originator was planning to issue corrective documents, also part of the fraudulent activity I have been pointing out. \n- The recent XXXX XXXX corrective assignment is also fraudulent. \n- The original Assignment of Security Deed that was created on XXXX XXXX, XXXX was not recorded on my property in any XXXX as per my investigation and was fraudulently signed by someone other than the person stated and was assigned to \" BLANK '', no entity or person listed on this document, thus making it null and void. \n- This original Assignment was not only not recorded into public records, it was never actually obtained by XXXX XXXX Mortgage or XXXX Bank. It was stated by XXXX XXXX Mortgage that the note and Security Deed went directly to the trust at the inception of my loan. That is not the case. To this date, XXXX Bank never received my note or Security Deed, nor has any authority to foreclose on my property. Upon the securitization, the note and Security Deed were separated, making the note null and void. \nI have also repeatedly demanded from XXXX documents showing proper chain of title, including a current copy of the promissory note dated XXXX XXXX, XXXX showing all stamps, transfers, endorsements, and assignments and Allonges showing current location of my Note. As XXXX Bank has found, XXXX refuses to provide various mortgage documents. XXXX XXXX XXXX does n't even know anything about these documents. \nXXXX Bank says that they have the right to foreclose on my property because since they are the Trustee they were granted ownership by XXXX XXXX Mortgage, however Unless an asset is transferred into a \" lifetime trust '', the asset DOES NOT become trust property. There was no legal transfer into this trust that claims to be the beneficiary of my note when it was actually assigned to this trust. I can prove it. That means, on or about XXXX XXXX, XXXX, my note was put into the trust that it currently is in and traded fraudulently without legal assignment that placed it there from inception. It was neither reported to the XXXX as an asset to that trust nor reported to the XXXX as being placed in that trust. \nThe assignment of a mortgage without the transfer of the underlying mortgage/note is nullity. I understand that the Security Deed and mortgage note were separated at the inception of the loan. \nI have also pointed out to XXXX Bank that a trustee 's act that is contrary to the trust agreement is void. The trustee has allowed the creation of documents that are incorrect and have been completed by proven, verified and fraudulent Robo Signers. That means that the documentation that was created in order to cause these fraudulent foreclosures were all done illegally. \nNow they 've created a replacement assignment. XXXX XXXX XXXX not being successors in interest did n't have the authority to do such. They were only the debt servicer. Now XXXX through McCalla Raymer are trying to foreclose on my house.","date_sent_to_company":"2015-12-31T22:10:05.000Z","issue":"Taking/threatening an illegal action","sub_product":"Mortgage","zip_code":"30215","tags":null,"has_narrative":true,"complaint_id":"1723588","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"McCalla Raymer Leibert Pierce, LLC","date_received":"2015-12-31T22:10:04.000Z","state":"GA","company_public_response":null,"sub_issue":"Seized/Attempted to seize property"},"highlight":{"complaint_what_happened":["XXXX Bank says that they have the right to foreclose on my <em>property</em> because since they are the <em>Trustee</em> they were granted ownership by XXXX XXXX Mortgage, however Unless an asset is transferred into a \" lifetime <em>trust</em> '', the asset DOES NOT become <em>trust</em> <em>property</em>. There was no legal transfer into this <em>trust</em> that claims to be the beneficiary of my note when it was actually assigned to this <em>trust</em>. I can prove it."],"sub_issue":["Seized/Attempted to seize <em>property</em>"]},"sort":[23.437035,"1723588"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":638,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":638}]}},"product":{"doc_count":638,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage","doc_count":263,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional home mortgage","doc_count":125},{"key":"VA mortgage","doc_count":27},{"key":"Home equity loan or line of credit (HELOC)","doc_count":24},{"key":"Other type of mortgage","doc_count":24},{"key":"FHA mortgage","doc_count":19},{"key":"Conventional adjustable mortgage (ARM)","doc_count":14},{"key":"Other mortgage","doc_count":13},{"key":"Conventional fixed mortgage","doc_count":12},{"key":"Home equity loan or line of 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