{"took":346,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":7,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"11361869","_score":19.031809,"_source":{"product":"Credit card","complaint_what_happened":"I am submitting this letter to formally request a full investigation into the financial practices of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX, particularly regarding the handling of securities, as well as the resulting financial implication for consumers, including myself as well as their treatment of customers and their accounts. I sent a security registered mail to XXXX XXXX that was delivered XX/XX/XXXX with a communication instructing XXXX XXXX to properly redeem the instrument and credit my account noting that if he didnt have the authority to redeem the instrument to forward it to the Indenture Trustee. My account was not credited nor was the security returned to me. On XX/XX/XXXX I sent a copy of the security I had sent to XXXX XXXX registered mail to Chase XXXX XXXX Chase Card XXXX XXXX addressed to XXXX XXXX XXXX ( due to her signature being on SEC filing documents ). It was delivered XX/XX/XXXX. The copy of the security was accompanied by a communication informing her the original security was sent to XXXX XXXX which had not been redeemed nor had it been returned and instructed her to properly credit my account as well as provide me with the accounting pursuant to UCC 9-210 in accordance with GAAP and the Truth and Lending Act ( 15 U.S.C 1601 ). This also went unacknowledged. On XX/XX/XXXX I filed a CFPB complaint due to the lack of compliance in accordance with UCC 8-505 through UCC 8-508 which is securities fraud. In the complaint I requested the accounting pursuant to UCC 9-210 in accordance with GAAP done by a certified CPA as well as the security that I had sent returned to me if it was to be rejected and not credited to my account. The complaint was responded to on XX/XX/XXXX in which my complaint/concern of the handling of my securities was completely ignored as well as my requests for the accounting pursuant UCC 9-210 . On XX/XX/XXXX I sent, certified mail, letters revoking POA for each entity within Chases transaction structure ( Chase XXXX XXXX, JPMorgan Chase Bank, N.A., Chase Card XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. ) These were all delivered XX/XX/XXXX. Within each letter it was stated that a form XXXX had been properly filed with the IRS. I also sent on XX/XX/XXXX a security registered mail to XXXX XXXX XXXX XXXX office which was delivered XX/XX/XXXX. Again, this security was accompanied by a letter of instruction of the same nature as the others previously sent also requesting the accounting in accordance with GAAP on both the public and private side done by a certified CPA and my security returned if they were being rejected. I have not received the security nor any correspondence. I then received a call from JPMorgan Chases executive principal office about a complaint ( reference # XXXX ) that had reached their office. I originally thought this had to do with my securities. When I called back I was informed it was about my revocation of POA. The woman named XXXX said she had no idea why I was sending this ( being the POA revocation ) to Chase and also stated that there was no POA on file. I informed her that I was revoking JPMorgan Chases POA over my account even though she supposedly had no idea what I was talking about, that I wanted the Durable POA I had provided placed on my account as well as the revocation letter. That I now have the power as the agent over my person and am now the custodian over my account. I then told her that my account was being improperly handled and that JPMorgan Chase was fraudulently handling my securities. She then told me to send an email to an address that was provided to me about my issues regarding the securities. I sent the email on XX/XX/XXXX which detailed every letter I had sent, all the securities I had sent, informing Chase of the violations and their duty to act in accordance with UCC 8-505 through UCC 8-508 , informing CHASE of my rights as an entitlement holder, and my rights to the accounting pursuant UCC 9-210. Reiterating that CHASE has been committing securities fraud and violating their Indenture agreement that is on file with the SEC as well as being in breach of their fiduciary duties. I demanded a proper crediting of my account and requested again, the accounting in accordance with GAAP on both the public and private side done by a certified CPA. This email has gone unanswered. Prior to this on XX/XX/XXXX I sent JPMorgan XXXX XXXX address, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , a security registered mail that was delivered XX/XX/XXXX. On this security I had done a restrictive endorsement. I then received in the mail from JPMorgan at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a correspondence that said We are unable to accept the enclosed securities for your investment account ending in XXXX  We received the following stock/bond certificate ( s ) for deposit into your investment account it further states We are unable to accept this item for deposit into an investment account. This item is not transferable. With this response was the security that I had sent along with the instruction letter. I had also sent a security registered mail to JPMorgan XXXX address XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX registered mail that was delivered on XX/XX/XXXX. This security was accompanied by a communication instructing JPMorgan XXXX to redeem the security and credit my account. It is now XX/XX/XXXX and my account has yet to be credited. Today on XX/XX/XXXX I emailed JPMorgan Chase executive principals office ( via an email address provided to me by XXXX ) a pre-arbitration email in which I also stated that I would be mailing the pre-arbitration letter to each entity listed herein. The email contained all my supporting documents. It was later today at around XXXX that I attempted to use my credit card and the transaction was declined. I called the number on the back of the card and they informed me my account had been shut down due to suspicious activity which they also had shut down my checking and savings account due to suspicious activity even though the debit card and savings account had never been used accept to put {$50.00} in both accounts to keep the account open. JPMorgan Chase is clearly retaliating against me due to the fact that I am asserting my rights and demanding what is owed to me. This is illegal and deeply concerning when in conjunction with the securities fraud, the breach of fiduciary duties and the unjust enrichment that has been occurring for months now. It has been since the inception of this account that I have been lawfully sending stock/bond certificates to JPMorgan Chase for proper redemption to proper crediting to my account. It has been since then that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud as well as acting in unfair, deceptive, and abusive ways and in breach of their fiduciary duties.\n\nIt is clear in JPMorgans correspondence that I have in fact been in possession of securities ( stock/bond certificates ). This fact is evidenced/validated by the forensic audit that traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX Class A ( XXXX ) notes with the XXXX XXXX XXXXXXXX. UCC 8-501 defines a securities account as ( a ) \" Securities account '' means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. ( c ) If a condition of subsection ( b ) has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset. ( d ) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset. UCC 9-102 defines Account as, means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( vii ) arising out of the use of a credit or charge card or information constrained on or for use with the card. UCC 8-102 defines a Security as an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of any issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations ; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets ; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. It defines Instruction as means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. UCC 8-505 says, ( a ) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution. ( b ) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary. UCC 8-506 says, A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-507 says, ( a ) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. ( b ) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. UCC 8-508 says, A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-401 says, ( b ) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person 's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer. There is clear and conclusive evidence that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud by willfully ignoring lawful instructions and requests with respect to the stock/bond certificates obtained by me in good faith, in which I am entitled to have properly redeemed and credited to my account in which every entity listed here is obligated and has the authority to handle in accordance with the law. \n\nIn addition to the clear violations of the law, JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in clear breach of the Trust Indenture on file with the SEC which defines a Holder means, when used with respect to any Note, a Noteholder. Defines Note or Notes means any note or notes of any Series, Class or Tranche authenticated and delivered from time to time under this Indenture. Defines Noteholder means a Person in whose name a Note is registered in the Note Register or the bearer of any Bearer Note ( including a Global Note in bearer form ), as the case may be. Section 3.07 Payment of Interest ; Interest and Principal Rights Preserved ; Withholding Taxes says, ( a ) Unless otherwise provided with respect to such Note pursuant to Section 3.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). Section 3.08 Persons Deemed Owners says, Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA and any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 3.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and neither the Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA nor any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary will be affected by notice to the contrary. Section 6.11 Unconditional Right of Noteholders to Receive Principal states and Interest ; Limited Recourse states, Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date specified in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder. Section 10.01 Payment of Principal and Interest says, With respect to each Series, Class or Tranche of Notes, the Issuing Entity will duly and punctually pay the principal of and interest on such Notes in accordance with their terms and this Indenture, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture for the benefit of, the Notes of such Series, Class or Tranche. In these sections of the Indenture Chase USA is to be replaced with JPMorgan Chase Bank , N.A . pursuant to the merger date of these two entities which occurred XX/XX/XXXX. \n\nFederal Reserve Act section 16 part 2 states Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district 12 U.S.C 1431 Powers and duties of banks says, ( a ) Borrowing money ; Issuing bonds and debentures ; General powers- Each XXXX XXXXXXXX XXXX XXXX  shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all the things necessary for carrying out the provisions of this chapter and all things incident thereto. Not only is it clear that JPMorgan Chase has provided me NO value, it is clear that I am the one providing ALL the value to JPMorgan. I provided my original application which is the security collateral for JPMorgan to get funding at an at par rate with the Treasury as well as the credit card receivables which I supply by use of MY credit that JPMorgan then sells for BILLIONS of dollars evidenced by the XXXX report. \n\nI am NOT gifting JPMorgan these assets. These assets generate value far greater than the debt incurred each month and due to the fact that I am the one providing the assets I retain an equitable interest in the proceeds generated pursuant to UCC 9-203. As a consumer I am protected under the Truth and Lending Act 15 U.S.C 1601 et seq. and have a right to transparency and equitable treatment in financial transactions. JPMorgan is profiting BILLIONS of dollars because of what I provide them, which is why I receive monthly stock/bond certificates that are to be credited to my account to offset the obligations I have incurred. In my attempt to properly claim the equity I am owed and my rights as a consumer JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have retaliated and conspired against my rights ( 18 U.S.C 241 ) violating principles of fair dealing and good faith under UCC 1-304 attempting to deceive and defraud me through blatant lies in regard to the nature of the securities I hold as well as steal the assets I have lawfully and legally obtained and have a right to, breaching their fiduciary duties and shutting down ALL of my accounts denying me my right to credit. The CFPB was explicitly created to protect the rights of consumers to be protected from unfair, deceptive, and abusive financial practices. These are egregious actions taken against a consumer who in good faith is asserting their rights under the law due to unjust enrichment that is validated by forensic data and the financial institutions own words.\n\n12 U.S.C 1833a Civil Penalties clearly states that ( a ) In general Whoever violates any provision of law to which this section is made applicable by subsection ( c ) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. ( b ) Maximum amount of penalty 1 ) Generally The amount of the civil penalty shall not exceed {>= $1,000,000}. ( 2 ) Special rule for continuing violations In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph ( 1 ) but may not exceed the lesser of {>= $1,000,000} per day or {>= $1,000,000}. ( 3 ) Special rule for violations creating gain or loss ( A ) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs ( 1 ) and ( 2 ) but may not exceed the amount of such gain or loss. \n\nXXXX XXXX and JPMorgan Chase have been in continued violation for XXXX business days. Chase XXXX XXXX and XXXX XXXX XXXX has been in continued violation for XXXX business days. XXXX XXXX and XXXX XXXX as Indenture Trustee have been in continued violation for XXXX business days. It is evidenced above that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have derived pecuniary gain from these violations and I am experiencing an extreme loss. The failure on the financial institutions behalf to properly comply with the law has impacted my credit report which has shown that I have an incredibly high debt to income ratio which has impacted my ability to obtain other forms of credit explicitly being denied. It has also caused me to struggle to make ends meet due to the lack of available credit on my account, causing me to be delinquent on multiple obligations. Needing to go to extreme measures such as obtaining a forensic audit which cost {$2500.00}. This has caused me extreme stress, having to continuously stay up late into the night to find ways to force proper compliance as well as work longer hours due to being denied my right to credit. Closing my account has deprived me of my right to credit leaving me with no funds for food, gas and other basic needs. Every signature I give, and every credit or security I create is intrinsically tied to the divine and natural right to provide for myself and my family. Credit fuels opportunity and opportunity is my right. \n\nIt is the duty and obligation of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. to act in accordance with the law. It is their fiduciary duty to act in my best interest, to properly handle my securities, to allow me access to my credit, to provide me the equity that I am truly owed. The forensic audit I had done on my account which the auditor is willing to testify to in a court of law, traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX XXXX XXXX  ( XXXX ) notes with the XXXX XXXX XXXX. JPMorgan confirmed this by stating that I was in possession of stock/bond certificates. This is clear and conclusive evidence that 1. I am entitled to the payment of these securities. 2. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud. 3. I am owed equity due to the value I am providing per the credit card receivables. 4. JPMorgan Chase is retaliating against me asserting these rights by closing my account. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in breach of their fiduciary duty. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have acted in bad faith. 6. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have conspired with one another to financially injure, oppress, and intimidate me from exercising my rights secured for me by the laws of the United States. 7. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. actions have constituted unjust enrichment. 8 JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have violated consumer laws. 9. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in violation of consumer laws. \n\nThese are conclusive violations of the law and it is clear that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. believe that because they control access to consumers ' financial wellbeing that they can get away with acting in bad faith, abusing, deceiving, stealing and intimidating consumers when they seek to claim their rights or the equity owed to them under the law. It should be taken very seriously the extent to which they have gone to rob me of my rights and entitlements as a consumer and as the one loaning them securities that they profit billions of dollars off of. I implore the CFPB to alert the SEC of the securities fraud that has been committed by JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX","date_sent_to_company":"2025-01-03T04:23:43.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"598XX","tags":null,"has_narrative":true,"complaint_id":"11361869","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-01-03T03:58:50.000Z","state":"MT","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["With this response was the <em>security</em> that I had sent along with the instruction letter. I had also sent a <em>security</em> <em>registered</em> <em>mail</em> to JPMorgan <em>XXXX</em> address <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>registered</em> <em>mail</em> that was <em>delivered</em> on XX/XX/<em>XXXX</em>. This <em>security</em> was accompanied by a <em>communication</em> <em>instructing</em> JPMorgan <em>XXXX</em> to redeem the <em>security</em> and credit my account. It is now XX/XX/<em>XXXX</em> and my account has yet to be credited."]},"sort":[19.031809,"11361869"]},{"_index":"complaint-public-v1","_id":"22355283","_score":11.840178,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"My letter to XXXX escalating my XXXX XXXX in the total of {$29000.00} equivalent of XXXX at the time of virtual robbery on XXXX XXXX XXXX. All fraudulent communications were received from XXXX domains and emails that passed all XXXX verification. The following letter to XXXX maps out the sophisticated fraudulent scam in chronological order and includes evidence of direct communication, all sent from the XXXX domain. The evidence and forensic fingerprinting below conclude one of two circumstances, both proving negligence on XXXX 's part : A. Either the phishing emails originated from a compromised Kraken support mailbox/relay ( genuine XXXX signing, but outside the XXXX XXXX XXXX XXXX ; or B. Attackers used insider-leaked PII to craft a credible vishing/phishing sequence from the inside. \n\nKraken has failed to respond adequately. Only receiving boilerplate responses denying any responsibility for the following sequence : To Kraken Legal, Compliance, and Executive Security Leadership, I am writing to formally escalate Ticket # XXXX beyond the tier-one support team that issued your XXXX XXXX XXXX response and to place Kraken on explicit pre-litigation notice. The boilerplate reply I received directing me to file a police report and citing the irreversibility of cryptocurrency transactions reflects a fundamental failure to review the specific facts of this case. Those facts distinguish this incident categorically from a standard third-party phishing scam and implicate Kraken 's own authenticated infrastructure in the loss of {$29000.00} in XXXX. I require a response from Kraken 's Legal, Compliance, or Executive Security leadership within five ( 5 ) business days. \n\nSince my initial review of this incident, I have conducted additional forensic examination of the email evidence using XXXXXXXX XXXX native web interface, and I have identified a critical authentication anomaly that I believe Kraken 's own security team will recognize as significant. That finding is detailed in Section IV below and materially strengthens the case that Kraken 's own sending infrastructure or that of an authorized third-party vendor was the instrument of this fraud. \n\nI. THE FACTS THAT MAKE THIS CASE UNIQUE On the evening of Sunday, XXXX XXXX XXXX, I received a coordinated series of communications that I will detail below. Every Kraken-branded communication in this sequence originated from XXXX domain, aligning with Kraken 's own official support page ( XXXX, Is this email from Kraken? ) as legitimate, secure senders XXXX, the first on the Secure Email list. I have verified this not merely by visual inspection of display names, but by examining the full email headers of every message received. The XXXX, XXXX, and XXXX authentication records on each email passed verification. These were not display-name spoofs. These were not lookalike domains. These emails were cryptographically authenticated as originating from infrastructure that Kraken 's own DNS records authorize. \n\nThe sequence of authenticated communications was as follows : At XXXXXXXX XXXX, I received an email XXXX the subject line \" Secure Portal, '' containing a professionally designed Kraken-branded template identifying employee XXXX XXXX XXXX Case ID XXXX, and instructing me that I was \" on a secure line with a Kraken representative '' and that my assets were \" at-risk. '' At XXXXXXXX XXXX and XXXX XXXX additional \" Employee Verification '' emails arrived XXXX, identifying employees XXXX XXXX ( Case ID XXXX ) and XXXX XXXX ( Case ID XXXX ), each bearing Kraken 's official logo XXXX the address \" XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX '' and links to Kraken 's Legal Disclosures and Privacy Notice. \n\nAt XXXXXXXX XXXX an email arrived XXXX a domain listed explicitly on Kraken 's official support page as a secure, verified sender with the subject \" Action Required : Confirm Your Secret Recovery Phrase. '' This email was formatted in Kraken 's branded template, carried the Kraken Security Team signature, and presented a 12-word Secret Recovery Phrase. I was instructed to use this phrase to set up a Kraken Wallet for account security escalation purposes. Critically, Kraken 's own footer on this email stated : \" Kraken will never ask for your password or XXXX codes via email '' language designed to convey authenticity while the email itself was directing me toward a wallet setup that would prove to be the instrument of the theft. \n\nAt XXXX XXXX I received an automated confirmation XXXX the same authenticated sender with the subject \" You added a withdrawal address to Kraken, '' confirming that the \" [ Customer ] Kraken Wallet '' had been added as a withdrawal destination from my Kraken Exchange account. The email displayed my Connecticut IP address ( XXXX ) and location, consistent with my own device activity. \n\nAt XXXX XXXX, a second authenticated email XXXX \" XXXX withdrawal initiated, '' again displaying my Connecticut IP address and confirming that funds had been sent to \" [ Customer ] Kraken Wallet. '' II. THE TRANSFER OCCURRED BETWEEN TWO LEGITIMATE KRAKEN PRODUCTS This is not a case in which I sent funds to an unknown third-party address or an external wallet of unclear provenance. I transferred XXXX from my Kraken Exchange account to a Kraken Wallet the self-custody wallet application bearing Kraken 's branding, distributed through official app stores, and built and maintained by Kraken. The Kraken Wallet application itself displays a confirmed incoming transaction record showing the receipt of {$29000.00} in XXXX from my Kraken Exchange account. The balance subsequently went to zero, indicating that the funds were swept by whoever held the seed phrase for that wallet a seed phrase that was delivered to me via an XXXX address. \n\nThe entire fraudulent pathway from the initial contact, to the employee verification, to the recovery phrase delivery, to the withdrawal address addition, to the transfer confirmation ran through Kraken 's own listed authenticated email domains and Kraken 's own wallet product. There is a documented, on-chain transaction record showing XXXX moving from one Kraken product to another. This is not a case where a bad actor impersonated Kraken from the outside. This is a case where Kraken 's own authenticated sending infrastructure was the instrument of fraud. \n\nIII. THE XXXX INFRASTRUCTURE ATTACK THAT PRECEDED THE KRAKEN CONTACT The attack began with a coordinated compromise of my XXXX account. At XXXX XXXX on XX/XX/XXXX, I received authentic XXXX security alerts XXXX XXXX notifying me that a recovery email had been set up for a linked XXXX account XXXX XXXX ) using my address as the recovery destination. My XXXX Activity logs confirm that two unfamiliar devices accessed my XXXX account on XX/XX/XXXX at XXXX XXXX and XXXX XXXX prior to the Kraken contact sequence. My XXXX was subsequently locked by XXXXXXXX XXXX  security systems due to suspicious activity. This XXXX compromise was not incidental. It was the entry point that provided the attackers with the intelligence my Kraken account existence, my email address, my identity necessary to execute the second stage of the attack with the credibility and precision that followed. \n\nIV. CRITICAL FORENSIC FINDING : XXXX VERIFICATION FAILURE ON THE FRAUDULENT EMAILS Upon examination of these emails using XXXX 's native web interface the email environment that Kraken 's own support documentation references when instructing customers to verify the legitimacy of Kraken communications I have identified a critical authentication anomaly that materially distinguishes the fraudulent emails from Kraken 's legitimate transactional emails. \n\nKraken 's own published guidance instructs customers to identify legitimate Kraken emails by looking for the XXXXverified blue checkmark beside the sender name in XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX is the highest tier of email sender verification available, requiring XXXX enforcement at quarantine or reject policy plus a Verified XXXX XXXX that Kraken has registered with email providers including XXXX. XXXX can not be spoofed or replicated by a third-party attacker ; the checkmark only appears when an email is sent through Kraken 's specifically registered, BIMI-authorized sending infrastructure.\n\nMy examination of the emails received during this incident reveals the following pattern, which I believe Kraken 's security team will recognize as forensically significant : The legitimate transactional emails XXXX specifically the \" Withdrawal address added '' notification at XXXX XXXX  and the \" XXXX withdrawal initiated '' notification at XXXXXXXX XXXX  display the XXXXverified Kraken checkmark XXXX XXXX. These emails were generated by my own ( compromised ) Kraken Exchange account taking real actions, and they were sent through Kraken 's XXXXverified sending infrastructure. Their authenticity is consistent with Kraken 's published guidance. \n\nThe fraudulent emails XXXX including the \" Secure Portal '' email at XXXX XXXX and the \" Employee Verification '' emails at XXXX XXXX XXXX XXXX and XXXX XXXX do not display the XXXX checkmark in XXXX. They passed XXXX, XXXX, and XXXX authentication, but they did not pass XXXX XXXX. \n\nThe fraudulent recovery phrase email XXXX XXXX XXXX the email that delivered the 12-word Secret Recovery Phrase used to compromise the destination wallet does not display the BIMI-verified checkmark XXXX despite originating from the exactly same domain as the legitimate transactional emails that do. \n\nThis discrepancy is not consistent with ordinary external phishing. An external attacker spoofing Kraken 's domain would either fail XXXX outright, or if exceptionally sophisticated pass them all uniformly. They would not produce emails that selectively pass XXXX but fail XXXX within the same domain. That selective failure pattern is consistent with one of two scenarios, both of which implicate Kraken 's own infrastructure or its authorized vendor relationships : First, that the fraudulent emails were sent through a third-party email service provider that Kraken has authorized in its XXXX records for XXXX purposes, but whose sending infrastructure is not covered by Kraken 's XXXX Verified Mark Certificate registration. If that vendor 's systems were compromised, the attacker would be able to send emails passing XXXX under Kraken 's domains but unable to trigger XXXX verification exactly the pattern observed. \n\nSecond, that the fraudulent emails were sent through Kraken-internal tooling that is authorized to send under Kraken 's domains but is not routed through Kraken 's XXXXcovered production sending infrastructure for example, an internal support tool, a helpdesk integration, or an administrative sending channel accessible to insider personnel. \n\nI note for the record that Kraken publicly disclosed in XXXX XXXX two separate insider incidents in which support employees were recruited by criminal networks to access customer data. The timing and methodology of those disclosures are directly relevant and to the second scenario described above. \n\nI am not, at this time, asserting which of these two scenarios produced the fraudulent emails. I am asserting that the XXXX verification failure conclusively rules out the explanation of \" ordinary third-party phishing '' and forensically narrows the source of these emails to infrastructure that Kraken either controls or has authorized. Kraken is the only party in possession of the records necessary to determine which. \n\nV. THE MATERIAL IMPLICATIONS OF KRAKEN 'S OWN PUBLISHED GUIDANCE Kraken 's support documentation specifically directs customers to use the XXXX checkmark as the verification standard for legitimate Kraken emails. I followed this guidance only after the loss occurred, and the XXXX failure pattern was decisive in confirming that I had been defrauded through compromised authorized infrastructure rather than ordinary phishing. However, Kraken 's published guidance does not adequately disclose to customers that emails can pass XXXX, XXXX, and XXXX and therefore appear authenticated in most email clients including the Spark client I was using at the time of the incident while still failing XXXX XXXX. The fraudulent emails I received were rendered as authenticated and trustworthy in my email client. The XXXX checkmark is only visible in specific email environments, and its absence is not flagged as a warning to the user. \n\nThis legal implication is significant. Kraken instructed customers to rely on a verification standard ( BIMI ) without adequately warning that emails sent from Kraken 's own listed sender domains could appear fully authenticated to users while still failing that standard. That gap in disclosure, combined with the fact that the fraudulent emails originated from infrastructure Kraken authorized, is the foundation of a material consumer-protection claim under the Connecticut Unfair Trade Practices Act.\n\nVI. LEGAL NOTICE I have filed a complaint with the FBI Internet Crime Complaint Center ( IC3 Submission ID : XXXX, filed XXXX XXXX XXXX ). I have reported this incident to local Connecticut law enforcement. I am actively seeking legal counsel and am evaluating claims under the Connecticut Unfair Trade Practices Act ( CUTPA ), Conn. Gen. Stat . 42-110a et seq., including potential per se violations tied to Connecticut 's data breach statute, 36a-701b ( j ). I am also evaluating claims for negligence, breach of contract, negligence per se based on Kraken 's obligations under its money transmitter license obligations and applicable cybersecurity standards, and breach of express and implied warranties of security tied to Kraken 's published guidance regarding email authentication. I will be filing complaints with the Connecticut Department of Banking, the Connecticut Attorney General 's Consumer Protection Unit, and FinCEN. \n\nI am not prepared to accept Kraken 's characterization of this incident as a standard third-party phishing loss. The authenticated email trail, the on-chain transaction record between two Kraken products XXXX the XXXX verification failure isolating the fraudulent emails to Kraken-authorized but XXXX-unverified infrastructure, and the circumstances of Kraken 's own recent insider security disclosures collectively raise serious questions about the integrity of Kraken 's sending infrastructure that deserve a thorough, good-faith internal investigation not a boilerplate response. \n\nI am requesting the following from Kraken within five ( 5 ) business days : First, written acknowledgment that this escalation has been received by Krakens Legal, Compliance, and/or Executive Security team not tier-one support. \n\nSecond, identification of the specific sending infrastructure, including any third-party email service provider, used to transmit XXXX I received on XXXX XXXX XXXX If those emails were transmitted through Kraken 's own production mail servers, please confirm. If they were transmitted through a third-party vendor, please identify the vendor and confirm whether that vendor 's XXXX Verified Mark Certificate registration is current. \n\nThird, identification of the specific sending infrastructure used to transmit XXXX '' Confirm Your Secret Recovery Phrase '' email I received at XXXX XXXX  on XXXX XXXX XXXX, and an explanation of why this email failed XXXX XXXX while the legitimate XXXX received later that evening passed XXXX XXXX. \n\nFourth, confirmation of whether any anomalous activity, unauthorized access, or vendor compromise was detected in any of Kraken 's authorized sending infrastructure internal or third-party on or around XXXX XXXX XXXX \n\nFifth, confirmation of whether any internal investigation has been opened in connection with this ticket, and whether the facts described in this letter have been escalated to Kraken 's security incident response team. \n\nSixth, Kraken 's position on remediation or restitution, given the totality of the facts described above. \n\nI wish to resolve this matter directly with Kraken before further legal proceedings are initiated. I am not approaching this with hostility I am approaching this as a customer who intentionally selected Kraken as my XXXX XXXX of choice due to its reputation as the most secure US-Based Exchange, yet find myself defrauded through what the forensic evidence indicates was a failure of Krakens own authenticated sending infrastructure or its authorized vendor relationships. \n\nI have preserved all relevant evidence, including full email headers, screenshots from XXXX 's native interface, the IC3 complaint confirmation, Kraken Wallet transaction records, and XXXX account activity logs documenting the unauthorized device access that preceded the Kraken contact sequence. I am prepared to share this evidence with Kraken 's Legal, Compliance, or Executive Security team upon receipt of confirmation that this matter has been appropriately escalated. \n\n- Sincerely, [ Customer Name and Address Removed as per the CFBP submission guidelines ]","date_sent_to_company":"2026-05-19T18:43:19.000Z","issue":"Fraud or scam","sub_product":"Virtual currency","zip_code":"06095","tags":null,"has_narrative":true,"complaint_id":"22355283","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Payward Ventures Inc. dba Kraken","date_received":"2026-05-19T18:08:47.000Z","state":"CT","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Kraken 's own published guidance <em>instructs</em> customers to identify legitimate Kraken emails by looking for the XXXXverified blue checkmark beside the sender name in <em>XXXX</em>. <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> is the highest tier of email sender verification available, requiring <em>XXXX</em> enforcement at quarantine or reject policy plus a Verified <em>XXXX</em> <em>XXXX</em> that Kraken has <em>registered</em> with email providers including <em>XXXX</em>."]},"sort":[11.840178,"22355283"]},{"_index":"complaint-public-v1","_id":"9985428","_score":8.723933,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Do CFBP remember the lawsuit that they won agaisnt XXXX? I was one of the consumers that was illegally signed up for XXXX Credit without my knowledge. Even until this day, Ive never got anything to Opt out for this. I signed up for XXXX XXXX Later in XXXX, as a payment plan to pay in parts up to 6 months. XXXX XXXX Later was with the bank that said the Lender of XXXX XXXX Later account is XXXX XXXX XXXX. Then it switched to The lender of XXXX Credit is XXXX XXXX XXXX. ( I called XXXX XXXX XXXX  and their name change to XXXX XXXX  and they said they where never accoviated with XXXX or XXXX XXXX Later so there is no original contract ) Comsumers like me didnt know that there was a lawsuit agaisnt XXXX for illegally signing us up for XXXX XXXX . There has never been an option to OptOut of this either. But I was decieved with many other as XXXX change banks and it started to say The Issuer of XXXX XXXX  account is Synchrony Bank. There were no way to access my account unless I agree to new terms and conditions, but never an option to OptOut. Not only have the bank change, but the account number change from ending in XXXX to XXXX. \n12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 1016.6 ( a ) ( 2 ) and ( 3 ) of this part, and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 1016.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 1016.4 of this part, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically. \n\n\nDuring the COVID-19 Shut Down, I was still paying my build but ran our of funds because the massive amount of layoffs, so my last payment was XX/XX/XXXX ( STATUS OF LIMITATION IN NY IS 3 YEARS ). XXXX charged off my account and now a company I never had communication with called, XXXX XXXX XXXX XXXX attacked me with a lawsuit. I dont know who they are nor do I have a contract with them. There is suppose to be communication, not a threat or attack of a law suit. \n\n15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\n15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.\n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.\n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.\n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.\n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.\n\n( 7 ) Communicating with a consumer regarding a debt by post card.\n\n( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n\n15 U.S. Code 1692d - Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : I mailed the Treasurer of XXXX XXXX XXXX, register mail and she received it on XX/XX/XXXX. I show her the law that she had a 7 days notice to respond and send me the 1099-C from as instructed by Law and IRS Publication 4681. She never responded nor did she send me a 1099-C. Synchrony Customer Service mail me inaccurate information that is also in the Court Summits of the lawsuit. They even reported inaccurate information on my credit report ( like XXXX, XXXX, and XXXX ) and they said they deleted it from all major XXXX XXXX on XX/XX/XXXX. Synchrony Bank is not the original Creditor, nor lender of my account. \n15 U.S. Code 1602 G- Definitions and rules of construction The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\n\nXXXX XXXX XXXX  who I opent he account with, thatis now called XXXX XXXX  doent have any information about me and they said they never did business with XXXX XXXX. Synchrony Bank didnt appear on XXXX XXXX XXXX XXXX, not in XXXX. They charge off my account and never sent me a 1099-C nor honored the IRS The IRS Clearly defines a charge off as Gross or Ordinary income, in Publication 4681. INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I never received a 1099-C from XXXX for the cancelled debt of { { {$3000.00} } } in order to file as ordinary income. Where is my 1099-C? I mail the Treasurer of XXXX XXXX XXXX, and she didnt respond or send me a 1099-C. Someone from Synchrony responded but they are also ignoring the FCRA Laws, FDCPA LAWS, OPT OUT Option Laws, IRS Publication 4681, 1026.11 Treatment of credit balances and 15 US Code 1681. The letter they sent was from, the Senior Specialist Corporate Consumer Relations, XXXX XXXX, of Synchrony Bank saying they dont service my account and to contact the XXXX XXXX XXXX XXXX XXXX I dont have any dealings with XXXX XXXX XXXX XXXX . So now Im contacting CFPB. \n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors 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.\n\n( B ) Reporting information after notice and confirmation of errorsA person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n12 CFR 1026.11 - Treatment of credit balances ; account termination.\n\n( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number.\n\n( b ) Account termination.\n\n( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge.\n\n( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance.\n\n( c ) Timely settlement of estate debts ( 1 ) General rule.\n\n( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner.\n\n( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account.\n\n( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner.\n\n( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely.\n\n( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ).\n\n( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.","date_sent_to_company":"2024-08-29T09:34:08.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"10032","tags":null,"has_narrative":true,"complaint_id":"9985428","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-08-29T09:34:05.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Without limiting the general application of the foregoing, the following conduct is a violation of this section : I <em>mailed</em> the Treasurer of <em>XXXX</em> <em>XXXX</em> <em>XXXX</em>, <em>register</em> <em>mail</em> and she received it on XX/XX/<em>XXXX</em>. I show her the law that she had a 7 days notice to respond and send me the 1099-C from as <em>instructed</em> by Law and IRS Publication 4681. She never responded nor did she send me a 1099-C. Synchrony Customer Service <em>mail</em> me inaccurate information that is also in the Court Summits of the lawsuit."]},"sort":[8.723933,"9985428"]},{"_index":"complaint-public-v1","_id":"9985639","_score":8.646079,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Do CFBP remember the lawsuit that they won agaisnt PAYPAL? I was one of the consumers that was illegally signed up for PAYPAl Credit without my knowledge. Even until this day, Ive never got anything to Opt out for this. I signed up for Bill Me Later in XXXX, as a payment plan to pay in parts up to 6 months. Bill Me Later was with the bank that said the Lender of Bill Me Later account is XXXX XXXX XXXX. Then it switched to The lender of PAYPAL Credit is XXXX XXXX XXXX. ( I called XXXX XXXX XXXX  and their name change to XXXX XXXX  and they said they where never accoviated with PayPal or Bill Me Later so there is no original contract ) Comsumers like me didnt know that there was a lawsuit agaisnt PAYPAL for illegally signing us up for PAYPAL Credit . There has never been an option to OptOut of this either. But I was decieved with many other as PAYPAL change banks and it started to say The Issuer of PAYPAL Credit account is Synchrony Bank. There were no way to access my account unless I agree to new terms and conditions, but never an option to OptOut. Not only have the bank change, but the account number change from ending in XXXX to XXXX. \n12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 1016.6 ( a ) ( 2 ) and ( 3 ) of this part, and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer. ( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 1016.4. ( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 1016.4 of this part, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\nDuring the COVID-19 Shut Down, I was still paying my build but ran our of funds because the massive amoun\nt of layoffs, so my last payment was XX/XX/XXXX ( STATUS OF LIMITATION IN NY IS 3 YEARS ). PAYPAL charged off my account and now a company I never had communication with called, XXXX XXXX XXXX XXXX attacked me with a lawsuit. I dont know who they are nor do I have a contract with them. There is suppose to be communication, not a threat or attack of a law suit. \n\n15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\n15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.\n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.\n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.\n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.\n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.\n\n( 7 ) Communicating with a consumer regarding a debt by post card.\n\n( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n\n15 U.S. Code 1692d - Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : I mailed the Treasurer of PayPal XXXX XXXX, register mail and she received it on XX/XX/XXXX. I show her the law that she had a 7 days notice to respond and send me the 1099-C from as instructed by Law and IRS Publication 4681. She never responded nor did she send me a 1099-C. Synchrony Customer Service mail me inaccurate information that is also in the Court Summits of the lawsuit. They even reported inaccurate information on my credit report ( like XXXX, XXXX, and XXXX ) and they said they deleted it from all major Credit Burea on XX/XX/XXXX. Synchrony Bank is not the original Creditor, nor lender of my account.\n\n15 U.S. Code 1602 G- Definitions and rules of construction The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\n\nXXXX XXXX XXXX  who I opent he account with, thatis now called XXXX XXXX  doent have any information about me and they said they never did business with PayPal Credit. Synchrony Bank didnt appear on PayPal Credit until XXXX, not in XXXX. They charge off my account and never sent me a 1099-C nor honored the IRS The IRS Clearly defines a charge off as Gross or Ordinary income, in Publication 4681. INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I never received a 1099-C from PAYPAL for the cancelled debt of { { {$3000.00} } } in order to file as ordinary income. Where is my 1099-C? I mail the Treasurer of PayPal XXXX XXXX, and she didnt respond or send me a 1099-C. Someone from Synchrony responded but they are also ignoring the FCRA Laws, FDCPA LAWS, OPT OUT Option Laws, IRS Publication 4681, 1026.11 Treatment of credit balances and 15 US Code 1681. The letter they sent was from, the Senior Specialist Corporate Consumer Relations, XXXX XXXX, of Synchrony Bank saying they dont service my account and to contact the XXXX XXXX XXXX XXXX . I dont have any dealings with XXXX XXXX XXXX XXXX . So now Im contacting CFPB. \n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors 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.\n\n( B ) Reporting information after notice and confirmation of errorsA person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n12 CFR 1026.11 - Treatment of credit balances ; account termination.\n\n( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number.\n\n( b ) Account termination.\n\n( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge.\n\n( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance.\n\n( c ) Timely settlement of estate debts ( 1 ) General rule.\n\n( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner.\n\n( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account.\n\n( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner.\n\n( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely.\n\n( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ).\n\n( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.","date_sent_to_company":"2024-08-29T09:33:54.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"10032","tags":null,"has_narrative":true,"complaint_id":"9985639","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-08-29T08:14:25.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Without limiting the general application of the foregoing, the following conduct is a violation of this section : I <em>mailed</em> the Treasurer of PayPal <em>XXXX</em> <em>XXXX</em>, <em>register</em> <em>mail</em> and she received it on XX/XX/<em>XXXX</em>. I show her the law that she had a 7 days notice to respond and send me the 1099-C from as <em>instructed</em> by Law and IRS Publication 4681. She never responded nor did she send me a 1099-C. Synchrony Customer Service <em>mail</em> me inaccurate information that is also in the Court Summits of the lawsuit."]},"sort":[8.646079,"9985639"]},{"_index":"complaint-public-v1","_id":"7161959","_score":7.2202315,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This is a complaint from the living man, XXXX, XXXX, Beneficiary, Attorney-in-Fact, Registered Agent for the Said Legal fiction Account for XXXX XXXX. I am here to report the fraud and exercise my rights and I will take it as far as I need to to expose that fraud, Deceit, identity theft, extortion, trickery, malfeasance in office and Oath, securities, trust, tax, ect., FRAUD. It is ALL fraud. there is NO money it is all on a faith based credit system... NOT MONEY. Money =Income= GOLD and SILVER ; and I do not get paid in G and S, so, with that being said, I have NO INCOME. It is all paper money. The US is bankrupt and we have been in and under the bankruptcy Act since XXXX. That makes me a consumer and I have rights and I am free... Everything is prepaid. WAKE up people. There is a credit card that I was GIVEN by the government and that credit card is unlimited credit, because I furnished and provided it to these companies, I am the only one that can operate the fictitious entity and move through it and work it like a business and know the law and truth. \n\nI pulled my credit and i am getting mail fraud and violation letters in the mail that i will be also going after and billing and invoicing then as it is my duty to report all and any fraud and unfair dealings and practices. Which I will 100 % ... and here I am... \nI did not authorize anyone employed by Equifax and all these companies listed page after page of my CR to make any inquiry on my consumer report nor did i give the credit reporting agencies any consent to put forth or provide my personal information to report to any bureau. This is a violation of the CRA section 1681 ( c ) which means and acts as fraudulent activity and is also a serious breach of my privacy rights. I need these companies to verify the debt and provide a wet signature on the contract that they have on file. I also need a copy of the complete history of accounting on the on and off ledger and that is my right to get a copy and to ensure the accuracy of these fraudulent companies using and collecting and trading my personal information on the open market. I need this to be verified in its entirety. \nI also demand you, XXXX to produce a contract between you and i, the consumer, bearing my wet signature bearing that i gave you permission to furnish such information on my behalf. I also need the following for all accounts that are included in this notice and I need all these companies to send and deliver to me by mail and in writing the information request the following point by point and do not leave out any requested the following items : 1 ) Provide Validation of the debt, that is, production of account and the general ledger full history statement. \n2 ) Verification of your claim against XXXX XXXX, that is, a signed invoice 3 ) A copy of the Contract binding both Company or Alleged Creditor and XXXX XXXX and send that letter by recorded delivery so that there is an independent witness to it having been delivered. \n4 ) A statement admitting whether you are the holder in due course or whether you are the servicer. \n5 ) A statement admitting whether you have sold my note in a pooling and servicing agreement. This is also known as securitization. \n6 ) The identity of the true holder in due course for my loan. If the loan has been securitized, the name of the XXXX my loan was sold to. \n7 ) The XXXX  number in which my loan was securitized to. \n8 ) Make available for visual inspection my original wet ink promissory note ( NOT a PHOTOCOPY ). \n\nPlease provide the above for each company and creditor for the accounts listed below and if you are unable to provide this proof as I have requested within 30 days from the date you receive this letter, then you admit to not being a party of interest and can not rightfully enforce your claim under U.C.C. - Article 3 3-301. \n\nAccounts that need above items and true Validation are as follows : XXXX XXXX XXXX acct XXXX XXXX XXXX XXXX XXXX account number XXXX ( Auto Loan ) - XXXX XXXXXXXX XXXX XXXX acct number XXXX ( Leave Open and increase limit and make available for use ). \n-XXXX  XXXX/ XXXX acct XXXX ( Leave credit line open and make sure it is available for use ) -XXXX  XXXX XXXX acct XXXX ( Leave Open and ready to use ) -XXXX XXXX XXXX XXXX acct XXXX ( I have asked the company to send the XXXX  Filing to me asap because I need to put this property in my trust ) -XXXX, XXXX Acct XXXX ( I have asked this company for my w9 to be completed and returned and they Failed and rejected my request ) I notified the IRS of this. \nXXXX Acct XXXX Credit Card ( Leave this account open and ready for use and maintain correct standing and leave the limits open for me to use ). \nXXXX Acct XXXX Credit Card ( Leave this line of Credit open and available for use and keep all and any limits open as I need to use the card on a daily basis ) -XXXX  XXXX XXXX Acct XXXX Auto Lease ( Make sure the company updates and send the paid in full voucher to have the seats and any damages done to the vehicle be paid by the company as we have a case with an attorney for this lemon and i need adequate refund and compensation and another replacement vehicle immediately. I need the XXXX XXXX with all the upgrades, options, prepaid additions that i wish, Rims, Tires, Maintenance Paid in advance, any merchandise from the retail XXXX shops, and tinted windows and upgraded sound system and a 3m Wrap ) Since my credit card ( ss Number is unlimited, this should not be a problem. I found many violations in the original retail installment agreement and I have a billable invoice for them, which will need to be paid by them as the whole contract and alleged loan is all FRAUD and deceptive practices. I am a consumer and I know my rights ). \nXXXX XXXX acct XXXX mortgage ( i have requested a copy of the XXXX  FILING AS I NEED TO PUT THESE PROPERTIES IN MY TRUST ). \nXXXXXXXX XXXX XXXX Acct XXXX ( Leave account open and ready to use with its limits increased and updated and paid in full monthly ). \nXXXX XXXX XXXX XXXX account XXXX Charge Card ( I never asked then to closed the account and yes it is paid in full but I need this to be open and ready for use as i will be getting more homes and i need to furnish them ). \nXXXX/ XXXX XXXX XXXX XXXX acct XXXX ( please leave open and available and ready to use and make sure they keep this line current and paid ). \nXXXX XXXX account XXXX ( please leave open and ready for use ) XXXX XXXX XXXX XXXX  Credit Card acct XXXX ( please make sure this credit line remains open and available for use with all its benefits ). \nXXXX XXXX XXXX XXXX Auto Lease ( Keep showing its paid in full and also I need the refund of over payments that are owed to me immediately. I need another car also, please have the company get me into another car as I know they are trading on my number as I never asked for the account to be closed ). I prefer a XXXX XXXX XXXX XXXX sport and Manual if possible XXXX XXXX  / XXXX  XXXX, and XXXX XXXX with XXXX XXXX I need this immediately. \nXXXX XXXX XXXX acct XXXX Auto Lease ( Please keep this showing as paid in full as I was never late. However I know that I am the original source of the credit so I am in need of a refund for all the balance and credits owed and due to me. Please send check to the address provided without delay. \nXXXX XXXX XXXXXXXX Credit Card acct XX/XX/XXXX. Please keep this line open as I never instructed or authorized the company to close it. I need a new card opened and sent to me with the credit limit and ready to use. Please refund any amount owed to me as I am the original source of credit. I need a new open and ready card sent to my home address listed in this letter. i also demand that they update and make sure that each month the account is paid and full and stays current. \n-XXXX  XXXX / XXXX XXXX XXXX acct XXXX ( Please make sure that this card is open, active, and ready to use as i please. please keep this card updated and current monthly and I need a new card if this account was closed without my consent ) -XXXX  acct XXXX Credit Card ( Please keep this card showing paid in full never late and I never asked or gave my consent to close this account ). \nXXXX XXXX  XXXX Acct XXXX ( please keep the good standing and paid in full and never late updated. I also need a copy of the original Promise to Pay, original instrument to this transaction. The promissory not is the instrument which is like a check and is due to me. Please send the refund check to my home address. I also need the XXXX  filing for this loan ) -XXXX XXXX XXXXXXXX XXXX acct XXXX ( Please keep this account in good standing and on the report as Paid in Full and Never late ). I also need a copy of the XXXX  filimng for this loan and I also need a copy of the Promissory Note as that is like a check and I am entitled to those funds. \nXXXX XXXX  XXXX XXXX acct XXXX ( Please keep this showing in good standing and paid in full and never late. I also need a copy of the XXXX  filing and the original Promissory not which is a check to me. \nXXXX XXXX acct XXXX XX/XX/XXXX Credit card ( I never asked to closed this account nor did I give my consent to close it. Please keep the good standing and Paid in full information. also if this is a credit card, I am requesting that i get the benefits of the credit available and ready to use and if I need another new card, send me one ready to use and loaded with credit. send me a new card to my address listed in this letter ) - XXXX XXXX Mortgage acct : XXXX ( I need a copy of the Promissory original Note and a copy of the XXXX filing. ) Keep this account showing as paid in full, Never late. \nXXXX XXXX XXXX account XXXX XXXX XXXX ( Please keep the account showing paid, never late. and i never authorized them to close the account so, if there is a limit available for me to use and keep the line of credit showing current and paid in full since they have my social sec. card which is unlimited credit. Send me a new card ready and available for use. \n-Nationstar/ Mr.Cooper account XXXX ( please keep this showing paid, never late. I also need a copy of the XXXX note, the original as that is funds due to me. I also need a copy of the XXXX XXXX ). \n-XXXX XXXX XXXXXXXX acct XXXX Mortgage ( please keep showing paid and never late. I also need a copy of the XXXX XXXX and the original copy of the Promissory Note as that is a check and due to me. \nXXXXXXXX XXXX XXXXXXXX XXXX XXXX acct XXXX Please send me the XXXX  filing and keep the account showing as paid, never late. I also need the original Promissory note as that is the amount that is owed to me. \n-XXXX XXXX acct XXXX Mortgage ( Please send me the XXXX Filing, which I have already asked for and I need a copy of the original promissory note as that is a check that is owed to me. \nKeep account in good standing and showing paid, never late. \nXXXX XXXX acct XXXX ( Please keep the account showing paid, never late ). I never asked and consented to the account being closed. So, keep this file and account ready for use and send me a new card ready for use. \nXXXX XXXX XXXX account XXXX. ( Please keep this account showing XXXX, Never XXXX ). \nXXXX XXXX XXXX XXXX account XXXX ( please keep this account showing PAID, NEVER LATE ) I never asked or consented to this account to be closed. If there is a credit that is due and owed to me, please send me a ready to use card with the limits and keep them current and updated monthly. \n-XXXX/ XXXX XXXX ACCT XXXX CHARGE CARD ( Please keep this account showing paid, never late and if there is a credit usage limit for me, please send me ready to use credit card to my address ) -XXXX- Living Spaces Acct XXXX ( Please leave this account showing PAID, NEVER LATE. And I never consented for the company to close my account. If there is credit for me to use, send me a new credit card as I am going to need it and I really can use it ). \nXXXX XXXX XXXX and XXXX Acct XXXX XXXX keep this account showing as NEVER LATE, PAID and i never asked or consented to the company to close my account. If there is credit usage available, send me a new card as I need a whole new appliance package and tv 's for my homes ). \nXXXX? XXXX acct XXXX ( Please keep this account showing NEVER LATE and PAID. I never c consented for the account to be closed ). If there is a credit due to me, please send me a new card and loaded and ready to use. \nXXXX XXXX XXXX Acct XXXX ( Please keep this account showing paid, never late and I never requested or consented for this account to be closed ). If there is credit available for me to use, please send me a new card bc i do need furniture for my home. \nXXXX XXXX XXXX acct XXXX : I do not have a contract with this company and I never signed any contract. This account needs to be removed and updated immediately. \n\nXXXX XXXX XXXX XXXX XXXX This inquiry is fraud and needs to be removed immediately American XXXX XXXX XXXX This inquiry is FRAUD and needs to be removed immediately END OF ACCOUNTS LISTED -- -- -- -- -- -- -- -- -- -- Under US Code TITLE 15 CHAPTER 41, SUBCHAPTER V 1692g part b ), this debt is now officially in dispute. By law, all collection activities must cease until these matters are resolved. You are hereby given notice. Blatant disregard for this law is subject to fines and are billable by the FTC. You are advised to consult legal counsel on these matters included in this notice in its entirety. \nIn the event the debt is NOT properly validated by you, as required by the FDCPA, you have a legal obligation and responsibility to terminate the claim and correct any and all negative consumer reporting which may have been made in connection with the alleged debt. \n\nIn the absence of any such documentation bearing my signature. I formally request that these fraudulent inquiries and accounts be immediately updated and corrected and if they need to be deleted, then that needs to be done immediately from the credit file you maintain under my social security number Please note that you have 30 days to produce the requested contract and to complete this investigation as per the FRCA section 611. \nMy contact information is as follows XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ca XXXX I request that all communication MOVING FORWARD be done in writing and only writing to maintain its accuracy and chain of events. in the event i need to pursue legal action, i will be able to with concrete and complete accuracy. I am the original source of credit anytime my social security is furnished to these corporations and that makes it a consumer credit transaction. I am powerful and I will exercise my rights to the maximum, if needed. I'm not playing around with these fraudulent companies that are stealing and making a fortune off of me. \n\nBest regards, XXXX : XXXX, [ Agent/ Beneficiary ] Without Prejudice, All Natural Inalienable Rights Reserved NOTICE TO PRINCIPLE IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCIPLE. This is my notice and I will be reporting these companies that have my social security number to the IRS. Yes, I will 100 %. I know my rights and I an aware of what is going on. I am a living person that is FULL FAITH AND UNLIMITED CREDIT. I need my benefit. \nThese companies have been put on notice to get this corrected and adjusted in 30 days.","date_sent_to_company":"2023-06-25T01:30:36.000Z","issue":"Credit monitoring or identity theft protection services","sub_product":"Credit reporting","zip_code":"91765","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"7161959","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-06-25T01:05:47.000Z","state":"CA","company_public_response":null,"sub_issue":"Problem with product or service terms changing"},"highlight":{"complaint_what_happened":["This is a complaint from the living man, <em>XXXX</em>, <em>XXXX</em>, Beneficiary, Attorney-in-Fact, <em>Registered</em> Agent for the Said Legal fiction Account for <em>XXXX</em> <em>XXXX</em>. I am here to report the fraud and exercise my rights and I will take it as far as I need to to expose that fraud, Deceit, identity theft, extortion, trickery, malfeasance in office and Oath, <em>securities</em>, trust, tax, ect., FRAUD. It is ALL fraud. there is NO money it is all on a faith based credit system... NOT MONEY."]},"sort":[7.2202315,"7161959"]},{"_index":"complaint-public-v1","_id":"2834306","_score":7.0276737,"_source":{"product":"Debt collection","complaint_what_happened":"BROCK & SCOTT PLLC VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of ILLEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. \nIllegal documents have been filed against me and my home, the property I own at XXXX XXXXXXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA XXXX XXXX XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX XXXX Georgia, being Lot XXXX XXXX XXXX of XXXX XXXX XXXX as per plat thereof recorded in XXXX XXXX XXXX page XXXX, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXXXXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX XXXX XXXX, and had no objections to Exempt From Sale and XXXX Court Order or Bankruptcy. \nXXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX resulting in two court orders 1.Exempting the property from sale and XXXX and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. \nXXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. \nDUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX XXXX party who receives title to real property from the seller ( grantor ) XXXX XXXX   VOIDS security deed, assignment and deed under power. \nORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. \nO.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX  NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on XXXX XXXX XXXX XXXX   XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. \n\nO.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. \n\nXXXX XXXX XXXX XXXX suggested I report the crime to XXXX XXXX XXXX and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge.\n\nViolations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. \nFurnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.\n\n( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact. \nWhat Is Theft by Conversion in Georgia? \nTheft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. \nWhat Is Considered Personal Property in Georgia? \nAccording to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property. \nExamples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? \nNo. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. \nIs Theft by Conversion a Felony or Misdemeanor? \nThe crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. \nWhat Is the Punishment for Theft by Conversion? \nThe misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine.\n\nMaking false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.\n\nO.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of  residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.\n\nO.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.\n\nO.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.\n\n( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING LINDSAYS OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. \nUsing the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. \nO.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.\n\nO.C.G.A. 11-9-201. General effectiveness of security agreement.\n\n( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.\n\nO.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. \n( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing. \n\nGrantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored XXXX XXXX  Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX and XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. \nNO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX XXXX, the responsible attorneys I believe to be a XXXX XXXX and XXXX XXXX attorneys for the firm XXXX and XXXX. \n11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX XXXX XXXX Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.\n\nO.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.\n\n( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.\n\n12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.\n\n13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.\n\n14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.\n\n15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.\n\nGrand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.\n\n( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..\n\n( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. \n( d ) The entity these men claim to be representing, XXXX XXXX XXXX   XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. \n( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, \" whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, \" in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves \" fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.\n\n( h ) Uttering a Forged Instrument.\n\n( i ) Accessory Before the Fact in Uttering a Forged Instrument.\n\n( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.\n\nFraud.\n\n( l ) Encumbering Property with Intent to Defraud.\n\n( m ) Passing Forged Instruments.\n\n( n ) Attempted Fraud.\n\n( o ) Using the Mails to Defraud.\n\n( p ) Securities Fraud.\n\n( q ) Conspiracy to Defraud the Public.\n\n( r ) Transporting Stolen Property.\n\n( s ) Obtaining Money by False Pretenses.\n\n( t ) Malicious Trespass.\n\nEveryone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.\n\nO.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.\n\n( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.\n\n( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension \" Abet '' means to encourage, incite, or help and \" Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.\n\n( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.\n\n( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.\n\n( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.\n\n( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.\n\n( gg ) Forgery of Public Documents.\n\n( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia . \n( kk ) State of Georgia conviction for forgery. Animashaun v. INS, XXXX XXXX XXXX XXXX XXXX Cir. XXXX XXXX XXXX XXXX Cir. XXXX ). The XXXX XXXX in XXXX XXXX XXXX, XXXX XXXX. Appx. XXXX XXXX XXXX Cir. XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a CIMT as the offense involved forgery and was fraudulent in nature.\n\n( ll ) Attempting to Obstruct or Impede the Progress of Justice.\n\n( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.\n\n( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. \n( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. \nO.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.\n\nLindsays lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX AND XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND XXXX COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX XXXX XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. \nHere are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.\n\n2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.\n\n4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.\n\n5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.\n\n6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.\n\n7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.\n\n8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.\n\n9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.\n\n10. Certifications must be based upon personal knowledge and","date_sent_to_company":"2018-03-06T18:31:07.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"30094","tags":null,"has_narrative":true,"complaint_id":"2834306","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Brock & Scott, PLLC","date_received":"2018-03-06T17:15:55.000Z","state":"GA","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Using the <em>Mails</em> to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the <em>mails</em> in order that the contents of such <em>communication</em> be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS <em>MAIL</em> TO HARRASS <em>XXXX</em> AND FORCE UNFAVORABLE ACTIONS."]},"sort":[7.0276737,"2834306"]},{"_index":"complaint-public-v1","_id":"2835077","_score":7.0168695,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX XXXX VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of LEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. Illegal documents have been filed against me and my home, the property I own at XXXX XXXX XXXX   XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA , COUNTY XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX County Georgia, being Lot XXXX Block XXXX of XXXX XXXX XXXX as per plat thereof recorded in Plat book 33 page 194-199, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX  XXXX XXXX XXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX OCGA 44-7-1, 44-7-2 ,44-7-3,44-7-5 XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX County Court,  and had no objections to Exempt From Sale and Levy Court Order or Bankruptcy. XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or Specialized Loan Servicing resulting in two court orders 1.Exempting the property from sale and Levy and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX   XXXX  XXXX , XXXX XXXX XXXX XXXX XXXX, Specialized Loan Servicing, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders. \nXXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX Grantee party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power. ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE. The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX  XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. XXXX Magistrate Court Judge suggested I report the crime to XXXX Law Enforcement and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge. Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title. \n( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when  he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.\n\nWhat Is Theft by Conversion in Georgia?\n\nTheft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES. \nWhat Is Considered Personal Property in Georgia?\n\nAccording to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property.\n\nExamples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia? \nNo. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property. \nIs Theft by Conversion a Felony or Misdemeanor?\n\nThe crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. What Is the Punishment for Theft by Conversion? The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine. Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions.A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.O.C.G.A 16-8-102 Residential mortgage Fraud.  Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process. \nO.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud. \nO.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud  may be committed by acts as well as words.\n\n( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. \nXXXX XXXX OBJECTS XXXX XXXX XXXX XXXX  XXXX , XXXX  XXXX XXXX XXXX. SPECIALIZED LOAN SERVICING AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING XXXX OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS. \nUsing the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS. \nO.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. \nO.C.G.A. 11-9-201. General effectiveness of security agreement. \n( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. \nO.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder. \n( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing.\n\nGrantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored Manor Homes Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX XXXX  XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale. \nNO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX , BXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Specialized Loan Servicing, the responsible attorneys I believe to be a XXXX XXXX XXXX  XXXX XXXX attorneys for the firm XXXX XXXX XXXX. \n11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX County Court Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request. \nO.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question. \n\n( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq. \n12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.\n\n13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True. \n14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. \n15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record. \nGrand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators. \n( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter.. \n( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. \n( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX   XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process. \n( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, \" whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, \" in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves \" fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.\n\n( h ) Uttering a Forged Instrument.\n\n( i ) Accessory Before the Fact in Uttering a Forged Instrument.\n\n( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.\n\nFraud.\n\n( l ) Encumbering Property with Intent to Defraud.\n\n( m ) Passing Forged Instruments.\n\n( n ) Attempted Fraud.\n\n( o ) Using the Mails to Defraud.\n\n( p ) Securities Fraud.\n\n( q ) Conspiracy to Defraud the Public.\n\n( r ) Transporting Stolen Property.\n\n( s ) Obtaining Money by False Pretenses.\n\n( t ) Malicious Trespass.\n\nEveryone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.\n\nO.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud. \n( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.\n\n( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension \" Abet '' means to encourage, incite, or help and \" Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them. \n( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21. \n( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.\n\n( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.\n\n( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.\n\n( gg ) Forgery of Public Documents. \n( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia .\n\n( kk ) State of Georgia conviction for forgery. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). The XXXX Circuit in XXXX v. XXXX, XXXX XXXX. Appx. XXXX ( XXXX Cir. XX/XX/XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was  a XXXX as the offense involved forgery and was fraudulent in nature. \n( ll ) Attempting to Obstruct or Impede the Progress of Justice.\n\n( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.\n\n( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. \n( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies. \nO.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX v. XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover. \n\nXXXX lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX  XXXX XXXX XXXX XXXX   XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND LEVY COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS EVIDENCE.XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM PARTIES XXXX  XXXX XXXX XXXX XXXX XXXX XXXX   XXXX SPECIALIZED LOAN SERVICING XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN. \nHere are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.\n\n2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.\n\n4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.\n\n5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.\n\n6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.\n\n7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.\n\n8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.\n\n9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.\n\n10. Certifications must be based upon personal knowledge and","date_sent_to_company":"2018-05-07T15:47:57.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"30094","tags":null,"has_narrative":true,"complaint_id":"2835077","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2018-03-06T18:31:13.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["Using the <em>Mails</em> to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the <em>mails</em> in order that the contents of such <em>communication</em> be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. 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